Do points transfer?

Unfortunately, there appears to be a popular misconception and common misunderstanding about the administration of the penalty points system associated with traffic tickets and traffic violations. You have probably heard someone say "I know that the points transfer" in a very matter of fact way. However, did you know that the point system does not operate according to such a simple and false principle?

​Typically, the penalty point system is administered by the State's department of motor vehicles (i.e. the DMV; not the Courts). Each State has different laws and regulations that govern the assessment of points. As a result, the point system operates differently in each State. For example, the State of New York does not record out of state moving traffic violations for regular drivers (i.e. non-commercial drivers), except if the violations occur in Ontario, Canada and Quebec, Canada. However, the State of New Jersey generally imposes 2 points for each out of state moving traffic violation. Therefore, the phrase "points transfer" is not technically accurate. In fact, the proper explanation is that the record (i.e. the result; not the points) of certain violations may be reported and transferred from one State to another, but the total number of penalty points, if any, depends upon the State in which you have a driver's license (i.e. your home State).

For example, a driver with a regular, non-commercial, NY driver's license who pleads guilty or is found guilty of an Improper Passing violation in NJ, which carries 4 points in NJ, will not be assessed any points by the NY DMV when the violation is reported to NY because NY does not record, acknowledge, or accept the transfer. However, please note that the NJ MVC imposes financial surcharges upon drivers who accumules of 6 or more points and upon drivers who plead guilty or are found guilty of certain violations. In addition, the NJ MVC may suspend or revoke a driver's license or driving privileges in NJ based upon their record of violations and/or accumulation of penalty points.

Another example is a driver with a NJ driver's license who pleads guilty or is found guilty of a Speeding violation in NY, which carries 6 points in NY, will only be assessed with 2 points by the NJ MVC when the violation is reported to NJ. However, please note that the driver in this example will likely face significant penalties in NY for such a violation and the NY DMV Driver Responsibility Assessment financial penalty. In addition, the NY DMV may suspend or revoke a driver's license or driving privileges in NY based upon their record of violations and/or accumulation of penalty points.

Please be aware that the total point assessment and other penalties can be greater in your home State as opposed to the State in which you received the ticket for the alleged violation.

The above information is a brief overview of point system. You should contact an experienced traffic violation defense attorney who will explain all of your options based upon the specific circumstances of your case and work hard to reduce or avoid the potential penalties.