New York Criminal Attorney Blog
Beginning in February 2026, New York drivers are facing one of the most consequential changes to traffic enforcement in decades. While headlines have focused on the alarming claim that driving just 1 mile per hour over the speed limit could put you on the brink of losing your license, the real story is more nuanced — and far more serious for everyday motorists.
The change is not about creating a brand-new speeding law. Rather, it’s about a sweeping overhaul of the New York DMV driver point system, one that makes it significantly easier to reach a suspension threshold — even with so-called “minor” violations.
What Actually Changed in February 2026?
New York has always treated any speed over the posted limit as speeding. There has never been a legal “grace zone.” What changed in 2026 is how aggressively the DMV now assigns and aggregates points.
Under the revised system:
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The license suspension threshold is now 10 points within 24 months
(Previously: 11 points within 18 months) -
Points stay on your record longer, increasing the likelihood that older tickets combine with newer ones
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Several common traffic violations now carry higher point values
If you’re unfamiliar with how the point system works, see our prior discussion on
👉 How New York DMV Points Can Lead to License Suspension
Increased Point Values for Common Violations
Here’s where many drivers get caught off guard. Under the new system:
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Speeding 1–10 mph over the limit → 4 points (up from 3)
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Cell phone use while driving → 6 points
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Failure to yield to a pedestrian → 5 points
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Reckless driving → 8 points
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Passing a stopped school bus → 8 points
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Failure to move over for emergency vehicles → 3 points
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Illegal U-turns / obstructing traffic → 2 points
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Equipment violations → 1 point
For a deeper look at reckless driving and why it is treated as a criminal offense in New York, read:
👉 Reckless Driving in New York: A Criminal Charge, Not Just a Ticket
The “1 MPH Over the Limit” Headline — Explained
So why the dramatic headlines?
Because under the new system, a single low-level speeding ticket now brings drivers closer to suspension than before. Add a cell-phone ticket or a failure-to-yield charge within the same 24-month window, and a driver can suddenly find themselves at or near 10 points — and facing DMV action.
This is particularly dangerous for:
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Drivers with prior violations
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Commercial and professional drivers
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Ride-share drivers
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Anyone who relies on a clean license for work or family obligations
If you’ve already received a ticket, you should also read:
👉 Should You Plead Guilty to a Traffic Ticket in New York?
Why These Changes Matter More Than Ever
Traffic tickets are often treated casually — something to “just pay and move on.” Under the 2026 system, that approach can be a costly mistake.
A guilty plea can lead to:
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License suspension or revocation
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Significant insurance increases
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Driver Responsibility Assessment fees
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Long-term damage to your driving record
And once your license is suspended, driving becomes a criminal offense, not just a traffic matter.
See:
👉 Aggravated Unlicensed Operation in New York: What You Need to Know
A Lawyer’s Perspective: Why You Should Fight Traffic Tickets in 2026
From a defense attorney’s standpoint, the February 2026 changes fundamentally alter the risk analysis of traffic cases in New York.
What once might have been a “minor” speeding ticket can now:
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Push a driver into suspension territory
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Trigger cascading DMV and insurance consequences
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Create criminal exposure if the driver later operates a vehicle while suspended
That is why traffic tickets should be treated as legal matters, not administrative inconveniences.
An experienced traffic and criminal defense attorney can often:
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Negotiate reductions to non-point violations
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Preserve your driving record
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Prevent license suspension before it happens
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Protect you from future criminal exposure
If you or a loved one has received a traffic ticket — especially for speeding, reckless driving, or repeat offenses — early legal intervention matters.
📞 Speak with an experienced New York traffic and criminal defense attorney before pleading guilty or paying a ticket.
What you do now can determine whether you’re still legally driving months from now.