Don’t get labeled a “problem driver”

There is a legal definition of "problem driver" in New York, one that is usually only applied when there have been alcohol and other drug offenses, but could be used more broadly as a way to deny someone the right to drive a car, based on the particular driving history. This shadow system to evaluate driver safety is overseen by the motor vehicles commissioner, rather than a judge. It’s another one of the longer-term consequences that can result from pleading guilty to traffic tickets regularly, a list that also includes the “driver responsibility assessment.”

Under this scheme, a driver’s “negative units” of “safety factors” are tracked. This is not the same as the point system that many people are familiar with, and these safety factor negative units don’t show up on the driving abstract, either. For the most part, the only time this will affect someone is while applying for a new license after the last one was revoked.

What happens when someone is moved into the “problem driver” category is that driving privileges are going to be decided in an adminstrative office, instead of open court. An attorney isn’t going to be arguing on your behalf before the motor vehicles commissioner, although one could sue the commissioner after the fact if the decision isn’t a good one.

A much better alternative than a complicated and expensive lawsuit to fight to get a new license issued would be to avoid becoming a problem driver in the first place. Enroll in a driver safety course, and take it seriously. The right to drive a vehicle can be lost, and along with it you may lose some of your rights to be represented. Taking steps to become a safer driver could save a lot of headaches and legal fees down the road.