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New NYS DMV Regulations

On February 16, 2026, new DMV regulations became effective. These new regulations are quite strict. One change in particular is noteworthy. Many people are charged with violating  Aggravated Unlicensed Operation (AUO) of a motor vehicle. This charge, which is a misdemeanor, is often pled down to the lesser charge of Unlicensed Operation of a Motor Vehicle once the driver clears his/her suspension(s). This has always been a good deal since it resulted in a fairly small fine, no criminal conviction, and no points. The new regulation drastically changes this. Now, if a defendant pleads guilty to any driving offense, including Unlicensed Operation of a Motor Vehicle, and his/her license was suspended at the time he/she was driving, DMV will assess eleven points to the motorist's driving record. 

A plea to Unlicensed Driving, while still resulting in a small fine and no criminal conviction, can now have an enormous effect on a driver's record. Since the changes to the regulations are new, it remains to be seen how these cases are going to be resolved. It is still possible to resolve an AUO charge without points if a plea is permitted to a non-driving offense. The change to the regulations has added a layer of complexity to resolving charges of driving with a suspended license.

There are some other important changes to the DMV's point system. A summons for passing a stopped school bus, which used to carry five points, now carries eight. A charge of driving a vehicle which exceeds the height limits, or for striking an overpass, now carries eight points as well. In addition, Disobey a Traffic Device, which was a two point summons, now carries three points. Finally, it is also important to note that the DMV is now totaling points over a twenty-four month period instead of eighteen months. It is now more important than ever to be cautious before choosing to plead guilty to a traffic summons to "get it over with."

The new regulations have also added alcohol or drug related offenses, such as DWI, DWAI, or DWAI Drugs, to the list of offenses which carry points. An individual who pleads guilty or is found guilty of an alcohol or drug related driving offense will now be assessed 11 points. It is important to note, that since a DWI or DWAI conviction results in a license revocation or suspension, the DMV will not suspend a driver's license again for reaching 11 points in 24 months if the 11 points from the alcohol or drug related conviction are the only points on the driver's record in that 18 month period. 

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