Summer 2009
Adoption and the Law
A quarterly letter of legal news and information for the friends of Carluccio, Leone, Dimon, Doyle & Sacks, L.L.C. Firm Commitment
Motor vehicle violations can cost
you. In addition to the obvious fines, pen-
alties, and court costs, are collateral conse-
quences, in the form of points and sur-
charges, that can dramatically increase the
cost associated with even minor viola-
tions. Everyone understands the idea of
paying a fine for speeding, and everyone
understands that points can be imposed,
but the point system is confusing and
poorly understood.
First, there are the familiar,
―motor vehicle points,‖ that the State im-
poses upon conviction. The way points
are imposed is sometimes easy to under-
stand. Most of us are personally familiar
with the classic, two-point speeding ticket.
It is generally understood that, the higher
the speed, the more points. At 15 to 29
m.p.h. over the limit, four points are im-
posed. Anything more than 30 m.p.h.
over will get you five points. This seems
to comport with common sense. In a simi-
lar vein, ―reckless‖ driving is a five-point
offense, while ―careless‖ driving only gets
two.
However, common sense will
not always be your best guide. For exam-
ple, ―Failure to pass to right of vehicle
proceeding in opposite direction‖ is a five-
point ticket. Tailgating will also get you
five, but ―slow speed blocking traffic‖
only gets two. Improperly passing a
school bus is worth five points, but the
same maneuver past an ice cream truck
gets only four. A DWI charge has huge
penalties -- but no Motor Vehicle Points.
The State uses Motor Vehicle
Points to clamp down on drivers who
commit an unusual number of traffic of-
fenses. More than six points in any two-
year period gets you a 30-day license sus-
pension, plus surcharges starting at
$100.00. The higher the point total, the
longer the suspension, and the higher the
surcharges. Naturally, there is always a
fee to get your license reinstated