The driver responsibility assessment (DRA) fee in New York is a financial penalty imposed by the state for certain traffic violations and the accumulation of points on a driver's license. This fee is assessed when a driver gets six or more points on their record within 18 months or is convicted of specific offenses like driving while intoxicated (DWI). The DRA fee is paid annually over three years, creating a significant financial burden for many drivers.
Understanding the implications and requirements of the DRA is crucial if you’re accused of a traffic violation in New York. Not only does this fee impact you financially, but it also highlights the importance of fighting traffic tickets and working to reduce or avoid accumulating demerit points. Failure to address these issues can lead to long-term consequences, including increased insurance premiums and further legal complications.
In such cases, consulting with a lawyer can be invaluable. An experienced attorney can help challenge a citation, using their knowledge of traffic law and legal processes to work toward a favorable outcome.
If you’ve been cited for a traffic violation, discuss your case with Martin A. Kron & Associates, P.C.. Call (212) 235-1525 or send an online message today.
What Is the Driver Responsibility Assessment?
The driver responsibility assessment (DRA) fee is a mandatory charge imposed by the New York State Department of Motor Vehicles (DMV) on drivers who accumulate certain points on their driving records or commit specific traffic-related offenses. The fee is separate from fines or penalties for the underlying traffic violations.
The primary purposes of the DRA are to enhance road safety and generate state revenue. The fee serves as an economic deterrent, placing an additional burden on drivers who engage in unlawful or dangerous conduct. This approach helps maintain public safety and provides a source of revenue that can be reinvested into state infrastructure and public services.
Who Must Pay the DRA?
The DMV will send you a statement indicating that you owe an annual DRA payment if your situation meets specific conditions.
These conditions include the following:
- You accumulated points on your driving record. You must pay the DRA fee if you accumulate six or more points on your driving record within 18 months. For instance, a conviction for speeding over 40 mph results in an 11-point violation, automatically triggering the DRA fee. Additionally, if you receive a red light violation (three points) and another 3-point infraction, such as failing to yield the right of way, you will also be subject to the DRA fee.
- You were convicted of specific offenses. In addition to point accumulation, the DRA fee applies if you are convicted of certain serious traffic offenses. These include driving while intoxicated (DWI) or refusing to take a chemical test for alcohol or drugs. These convictions trigger the DRA fee irrespective of the points accumulated on the driving record.
It is important to note that these qualifying factors must occur within New York. The fee is specific to New York State laws and is enforced by the New York State Department of Motor Vehicles.
How Is the DRA Calculated?
The Driver Responsibility Assessment (DRA) fee in New York is calculated based on the points accumulated on your driving record and specific traffic violations committed.
The fee structure is as follows:
- Base fee for points. The DRA starts with a base annual charge of $100 for drivers who accumulate six points within 18 months. An extra $25 per point is added annually for each additional point over six. For example, if you accumulate eight points, the annual fee would be $150 ($100 for the first six points, plus $50 for the additional two points).
- Fixed fees for specific violations. Convictions for driving while intoxicated (DWI) or refusing a chemical test result in a $250 annual fee, regardless of the number of points accumulated.
The DRA fee must be paid annually for three years, resulting in a total cost that can be significant. For example, a driver with six points on their record would pay $300 over three years. In cases involving DWI or chemical test refusal, the total payment would be $750 over the same period.
The DRA fee is non-negotiable and cannot be reduced or waived, even if you complete a Point and Insurance Reduction Program (PIRP) course. While such a course may help reduce insurance premiums and prevent future points, it does not affect the calculation of the DRA fee.
Failure to pay the DRA on time has serious consequences. The DMV requires at least the minimum payment each year ($100 or $250, depending on the infraction). Non-payment can lead to the suspension of your driver’s license, which remains in effect until you pay all outstanding DRA fees in full.
What Are Your Legal Options?
When facing the possibility of the DRA, consulting with a traffic ticket attorney is crucial. An experienced lawyer can help you contest the traffic violations that led to the assessment of points on your driving record. By fighting the ticket, you may be able to avoid or reduce the number of points assessed, which in turn can lower or eliminate the DRA fee.
An attorney's insight into traffic law and courtroom procedures can be invaluable in seeking a favorable outcome, whether that involves dismissing the charges or negotiating a lesser penalty.
For those in New York facing traffic-related issues, please schedule a consultation with Martin A. Kron & Associates, P.C.. Call (212) 235-1525 today.