Points for Littering in NY

[optician]

I just did a little research and found that many states consider littering a moving violation. If found guilty you are getting 2-3 points on your license.
My question is why in NY its considered a criminal offence and not a moving violation? Was it always this way?

[Citicop]

I've never heard of anywhere it's considered a moving violation.

It's criminal in MO.

Citicop.

[optician]

Point System
DMV’s Point System promotes highway safety and enables the agency to monitor and correct the driving habits of West Virginia motorists.

Points are assessed for traffic violations according to the severity of the offense. Motorists who accumulate 6 to 8 points against their license receive a warning letter urging them to exercise more caution and obey all traffic laws. Continued unlawful driving can lead to license suspension.

Points for a given infraction remain on a driver’s record for two years after the date of the driver’s conviction for that infraction; the infraction itself remains on a driver’s record for five years. License suspensions run consecutively; points accumulated by drivers already under suspension will result in an additional license suspension, to begin after the original suspension period ends. However, suspensions received upon reaching 20+ points shall run concurrently.

Points are assessed for all traffic violations committed anywhere in the US. Drivers convicted of multiple offenses arising out of the same incident will be assessed only the points appropriate to the most serious offense.

Points Accumulated
Suspension Time

12-13
30 Days

14-15
45 Days

16-17
60 Days

18-19
90 Days




20+ points: License is suspended until accumulated points are reduced to 11 or less.

Convictions for driving while your license is suspended/revoked may result in an additional suspension.

Points are assessed according to the severity of the offense.

8 Points:

Fleeing a police officer

6 Points:

Hit and Run/Leaving the Scene

Passing a stopped school bus

Speeding in a school zone

Reckless/Careless driving

5 Points:

Speeding 15 mph or more above posted limit

3 Points:

All Improper Lane violations

Speeding 10 to 14 m.p.h. above posted limit

Driving wrong way on a one-way street

Failure to maintain control of vehicle

Driving too fast for conditions

All varieties of failure to yield

Failure to maintain control/use due care

Failure to obey traffic light

Failure to obey stop sign

Failure to follow instruction of police officer

Failure to observe safety zone

Hazardous driving

Passing violations

Littering

This is just one of the examples.

[optician]

Driving Points against Your Driver's License
Under North Carolina's point system, your driver's license can be suspended for accumulating 8 driving points in a 12 month period or 12 driving points in a 36 month (3 year) period. Driving points are issued for the following traffic offenses:

Driving Points are assessed for the following offenses:

Conviction
Point Value

Passing a stopped school bus loading or unloading children
5

Aggressive driving
5

Reckless driving
4

Hit and run, property damage only
4

Following too closely
4

Driving on wrong side of road
4

Illegal passing
4

Failure to yield right-of-way to pedestrian pursuant to GS 20-158(b)(2)b.
4

Failure to yield right-of-way to bicycle motor scooter, or motorcycle
4

Running through stop sign
3

Speeding more than 55 mph
3

Speeding through a school zone
3

Failure to yield right of way
3

No driver license or license expired more than one year
3

Running through red light
3

Failure to stop for siren
3

Speeding through safety zone
3

Failure to report accident where such report is required
3

No liability insurance
3

All other moving violations
2

Littering involving a motor vehicle
1


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Driving point values for commercial driver's license holders (CDL holders):

Conviction
Point Value

Passing a stopped school bus loading or unloading children
8

Rail-highway crossing violation
6

Careless and Reckless driving in violation of G.S. 20-140(f)
6

Speeding in violation of G. S. 20-141(j3)
6

Aggressive driving
6

Reckless driving
5

Hit and run, property damage only
5

Following too closely
5

Driving on wrong side of road
5

Illegal passing
5

Failure to yield right-of-way to pedestrian pursuant to G. S. 20-158(b)(2)b.
5

Failure to yield right-of-way to bicycle motor scooter, or motorcycle
5

Running through stop sign
4

Speeding more than 55 mph
4

Speeding through a school zone
4

Failure to yield right of way
4

No driver license or license expired more than one year
4

Running through red light
4

Failure to stop for siren
4

Driving through safety zone
4

Failure to report accident where such report is required
4

Possessing alcoholic beverage in the passenger area of a commercial motor vehicle
3

All other moving violations
3

Littering involving a motor vehicle
1

Another state!!

[Citicop]

Easy, there.

I wasn't calling you a liar, just saying I'd not heard of that before because it's different than the state I live/work in.

I believed you (even before the proof) that it was that way other places.

Citicop.

[InTheEnd]

My question is why in NY its considered a criminal offence and not a moving violation? Was it always this way?

Different ways people litter. Walking down the street and throwing your litter on the street. Driving your car and throwing your litter out the window. One is for criminal court and the other for traffic court. A person with a summons with code 16-118 AC doesn't involve car or points.

[Joeyd6]

If you are going to "criminal court" there are no pints. If you summons is to Traffic Violations Burea (TVB- a court at the DMV), you could end up with 2 points.

If your summons told you a date and time to go on the bottom, that is criminal court. Guilty could be a fine, jail (not a chance for littering though), or community service.

If you had to mail in the ticket and check a box on the back and they sent you a court date in the mail, that could mean two points and/or a fine. If you end up with points, you take a defensive driving course which removes the points.

Go plead not guilty without a lawyer. You will save your self $250 and get the same result.

[optician]

Go plead not guilty without a lawyer. You will save your self $250 and get the same result.

Looks more like $500 and up! But again time is money! One of the Attorneys claims that I dont even have to show up!?

[Joeyd6]

Looks more like $500 and up! But again time is money! One of the Attorneys claims that I dont even have to show up!?

Not worth it at all! It will take you at most two hours and cost you a lot less than that. And do you really want some blood sucking scumbag who already has your money in his pocket representing you and your interests when you are not present? Who is to say he does not walk in and plead "guilty" and ask for a "reduced punishment?" Something you can do for free and not pay $500 for?

I don't get how somebody who is innocent, and a hard working citizen is scared to go to court in a system designed to protect you. Give the system a chance. You can always go, and if you feel it is not like Night Court and over your head, say "Your honor, I apologize, but I thought I could handle this matter myself. Now here, I think I need an attorney present. Can we please reschedule this so I can get counsel to represent me?" To which the judge says "Sure."

Trust me though, you won't have to. You will see a few cases disposed of before yours, learn the way it goes, and realize you get up, tell the judge your version, cops says his, you can say something else after the cop talks, and then the judge decides. If you are at a DMV, worst case is fine and two points (which you can get off by taking a online defensive driving course for $35). If you are in criminal court, expect a minor fine and probably a "ACD" or ajudication contemplating dissmisal, or in laymen terms, stay out of trouble for six months and this goes away like it never happened at all. If you have a judge who is on the hard end of the scale, expect a fine and around eight hours of community service (guidelines say they can give from 2 hours to 16 unless there are other factors you are not saying).

[optician]

I agree with you especialy on the DMV type of attorney part!:(