What a DMV Derby Suspension Means in New York

A DMV Derby suspension in New York is a license suspension that results from accumulating too many points on your driving record within a set time period. The New York Department of Motor Vehicles uses a point system to track traffic violations, and when your points reach a threshold, your license is suspended automatically. This is different from a suspension for a specific offense like a DWI — it is purely a math-based consequence of repeated violations.

New York suspends your license when you accumulate 11 or more points within 18 months. The suspension lasts at least 30 days for a first offense, but can extend longer depending on how many points you have and whether you have prior suspensions. During the suspension period, you cannot legally drive. Driving with a suspended license is a separate criminal offense that carries fines, jail time, and a longer suspension.

The name "Derby" comes from the informal term used in the industry, though the official DMV document is called a "Notice of Suspension." You will receive this notice by mail at the address on file with your license.

Key Takeaways

  • New York suspends your license automatically when you reach 11 points within 18 months, and the suspension lasts at least 30 days for a first offense.
  • You will receive a Notice of Suspension by mail, which includes the suspension start date, length, and instructions for requesting a hearing.
  • You can request a hearing before the suspension takes effect if you act within 10 days of receiving the notice.
  • After the suspension ends, you must pay a $100 reinstatement fee and may need to pass a written test or vision test to get your license back.
  • Defensive driving courses do not remove points already on your record, but completing one before a suspension can reduce the suspension length by up to 30 days.

How Points Accumulate on Your New York Driving Record

Every traffic violation in New York carries a point value. A speeding ticket 1 to 10 miles over the limit is 3 points; 11 to 20 miles over is 4 points; 21 to 30 miles over is 6 points; and 31 miles or more over is 8 points. Reckless driving is 5 points. Failure to yield is 3 points. Running a red light is 3 points. Improper passing is 3 points. These points stay on your record for 18 months from the date of the violation.

The 18-month window is rolling, not calendar-based. If you received a ticket on January 15, 2024, that violation and its points drop off your record on January 15, 2025 — regardless of when you paid the fine or went to court. Points from violations older than 18 months do not count toward the 11-point threshold.

You can see your current point total by logging into your DMV account at dmv.ny.gov or by calling the DMV at 518-402-7100. The DMV website shows each violation, the date, the points assigned, and when each violation will drop off your record.

What Happens When You Receive a Suspension Notice

The DMV mails you a Notice of Suspension at least 10 days before your license is suspended. The notice includes your suspension start date, the length of the suspension, the reason (accumulation of points), and a section titled "Right to a Hearing." You have exactly 10 days from the date you receive the notice to request a hearing before the suspension takes effect.

If you do not request a hearing within 10 days, the suspension becomes effective on the date listed in the notice. Once it is in effect, you can still request a hearing, but the suspension will remain in place while your case is reviewed. Requesting a hearing does not automatically stop the suspension — it only gives you a chance to argue your case before a DMV hearing officer.

To request a hearing, you must respond in writing to the address on the notice. Include your name, license number, the date of the notice, and a brief statement of why you believe the suspension should not happen. Mail it to the address listed on the notice or submit it online through your DMV account if that option is available in your region.

Requesting a Hearing and What to Expect

A DMV hearing for a point-based suspension is not a trial. The hearing officer will review your driving record, confirm that the points were correctly assigned, and check that the suspension was calculated correctly. You can attend in person or by phone, depending on your region. You can bring documents, such as proof that a ticket was dismissed or evidence that a violation was incorrectly recorded on your record.

The hearing officer can only overturn the suspension if there is an error in the point calculation or if a violation on your record should not have been recorded. The officer cannot reduce the suspension length or waive it based on hardship, job loss, or medical reasons. If you believe a specific ticket was issued in error or was dismissed in court, bring documentation of that dismissal — that is your strongest argument.

After the hearing, the DMV will mail you a decision. If the suspension is upheld, the letter will confirm the suspension start date and length. If the suspension is overturned, your license remains valid and you will receive a new license card in the mail within two weeks.

Reducing Your Suspension Length with a Defensive Driving Course

If you complete an approved defensive driving course before your suspension takes effect, the DMV will reduce your suspension length by up to 30 days. This is one of the few ways to shorten a suspension. The course must be approved by the New York DMV and must be completed before the suspension start date — taking it after the suspension begins does not count.

Approved courses are offered online and in person throughout New York. They typically take 6 to 8 hours to complete and cost between $20 and $50. When you finish, you will receive a certificate of completion. Send this certificate to the DMV address on your suspension notice, or upload it through your DMV account if that option is available.

Important: a defensive driving course does not remove points from your record or prevent the suspension. It only shortens the suspension length. If you are suspended for 30 days, the course can reduce it to as little as zero days — meaning you would not be suspended at all. If you are suspended for 60 days, the course can reduce it to 30 days.

Reinstating Your License After Suspension Ends

When your suspension period ends, your license is not automatically restored. You must take action to reinstate it. First, you must pay a $100 reinstatement fee to the DMV. You can pay this fee online through your DMV account, by mail, or in person at a DMV office. Include your license number and the suspension notice number with your payment.

After you pay the fee, the DMV will mail you a new license card within two weeks. In some cases, the DMV may require you to pass a written test or vision test before reinstatement. The notice you receive when your suspension ends will tell you whether a test is required. If a test is required, you must schedule it at a DMV office and pass it before your license is restored.

If you do not pay the reinstatement fee within a certain time frame, your suspension may be extended or your license may be revoked entirely. Check your suspension notice for the important date to pay the fee — it is usually 30 days after the suspension ends, but can vary.

Avoiding Another Suspension After Reinstatement

Once your license is reinstated, your point total resets to zero — but only for the purpose of calculating future suspensions. The violations that caused your suspension remain on your record for 18 months from their original date. This means if you receive new violations, they will add to your point total starting from zero again.

To avoid another suspension, keep your point total below 11 within any 18-month period. This means you can receive one or two minor violations without triggering another suspension, but a pattern of violations will quickly add up. A single speeding ticket of 21 to 30 miles over the limit is 6 points — more than halfway to suspension. Two such tickets within 18 months will suspend your license again.

If you receive a ticket after reinstatement, you have the option to contest it in traffic court. If you win, the violation is dismissed and no points are added to your record. If you lose or plead guilty, the points are added when ready — not after you pay the fine. Contesting a ticket does not delay the point accumulation; it only prevents points if you win.

Frequently Asked Questions

Can I drive during my suspension if I have a hardship license?

New York does not issue hardship licenses for point-based suspensions. You cannot drive during the suspension period for any reason, including work or medical appointments. Driving with a suspended license is a criminal offense. If you need to drive, you must wait until the suspension ends and you have paid the reinstatement fee.

What if I received a ticket but it was dismissed in court?

A dismissed ticket should not appear on your DMV record and should not count toward your point total. However, errors happen. Check your record online or by phone to confirm the dismissal was recorded. If the dismissed ticket still shows points on your record, contact the court that dismissed it and ask them to send a certified copy of the dismissal to the DMV. Include this with a written request to remove the points from your record.

Do points from out-of-state tickets count toward a New York suspension?

Yes. New York participates in the Driver License Compact, which means violations you receive in other states are reported to New York and added to your New York driving record. These points count toward the 11-point threshold for suspension. The point value assigned may differ from what the other state assigns, but New York will record the violation.

How long does a point stay on my record?

Points stay on your New York driving record for 18 months from the date of the violation, not from the date you paid the fine or went to court. After 18 months, the violation and its points drop off automatically. You do not need to request removal — it happens on its own.

Can I get my license back early if I complete a driving course?

A defensive driving course can only reduce your suspension length by up to 30 days — it cannot end the suspension early beyond that reduction. If your suspension is 30 days and you complete a course, you may not be suspended at all. If your suspension is longer, the course shortens it but does not eliminate it entirely.