New York State Driver Responsibility Assessment Fee

The New York State Department of Motor Vehicles (DMV) imposes several types of Driver Responsibility Assessment Fees (DRAF). The most common DRAF is the one imposed on a motorist that amasses six points or more in the span of eighteen months. This fee is separate and on top of the fine that has to be paid to the court if you plead guilty or are found guilty of a traffic violation. The fine for the violation goes to the court. The DRAF goes to the DMV.

The DRAF is calculated by a software program within the New York State DMV. There is no live person that generates or reviews the DRAF. A bill is sent out automatically when the DMV system recognizes there are six points in eighteen months. No judge has the discretion or even the ability to waive or modify the fee.

For each additional point beyond 6 points, another $75 is due. Below is a breakdown:

• 6 points = $300
• 7 points = $375
• 8 points = $450
• 9 points = $525
• 10 points = $600
• 11 points = $675
• 12 points = $750

The fee continuously increases by $75 increments for each point added. The calculation of points for a DRAF is simple. Subsequent to a conviction of a traffic violation, a DMV software program checks for any other convictions of violations that occurred eighteen months before or eighteen months after the traffic violation. The violations are combined and if the total points are six or more, a DRAF will be imposed. The fee calculation is entirely determined by the date of violation, not date of conviction. It makes no difference if multiple years have passed between the date of the violation and the date of conviction.

You have to pay the DRAF whether you are a New York driver or an out of state driver. If you do not pay the DRAF, your license will be suspended.

While the 2020 Bail Reform Law prohibited suspension for failure to pay a fine, this applies only to court fines. The failure to pay a DRAF will result in suspension. If you are an out-of-state driver, your privileges to drive in New York will be suspended. This means although New York cannot suspend your out-of-state license, they can suspend your privileges of driving in New York State. The charges for driving with a suspended license and suspended privileges are the same. They are both misdemeanors, subject to jail time, and subject to a lifetime criminal record. There was an issue for several years where the DMV sent DRAF notices to out-of-date addresses. This caused motorists to go into suspension unknowingly. There is a class action against the DMV that remains pending as of May of 2024.

For any questions about the DRAF, you can contact the team at the Benjamin Goldman Law Office. We are a New York State traffic ticket defense firm. Our firm helps motorists in all parts of the state, from Staten Island to Plattsburgh. We can consult with you on any traffic-related charges. Contact us at your convenience.