If you receive a ticket for a traffic violation such as speeding, passing a red light, passing a school bus, unsafe lane change, failure to signal or other violation in New York City, which includes Manhattan, Brooklyn, Queens, Staten Island and the Bronx or Rochester, Buffalo and certain parts of Suffolk County, your case will be handled by the Traffic Violations Bureau (TVB) of the New York State Department of Motor Vehicles (DMV).  Outside of these jurisdictions traffic infractions are handled by the local criminal court.  The Traffic Violations Bureau only handles traffic infractions.  It does not handle traffic misdemeanors which include Reckless Driving (VTL 1212), Aggravated Unlicensed Operator (VTL 511), and Driving While Intoxicated (VTL 1192).  Please note, the list of traffic misdemeanors is lengthy; please visit our Traffic Misdemeanors page for more information.   Furthermore, despite the fact that they are traffic infractions, TVB does not handle Driving While Ability Impaired charges nor does it handle traffic tickets charging a refusal to take a preliminary breath screening test (this is not a Breathalyzer refusal but a refusal to take the handheld breath screening test usually requested by the officer on the side of the road).

If you are charged with both a criminal offense and a traffic infraction within New York City, the criminal court may handle both the criminal offense and the traffic infraction.  In fact, in New York City, the only time a criminal court will handle a traffic violation is when it is charged with a criminal offense.  However, while the criminal charge must be made returnable before the criminal court, the issuing officer could make the traffic infraction returnable before the TVB.  You would therefore, have to appear in both the criminal court for the criminal charge and the TVB for the traffic infraction. 

ENTERING YOUR PLEA

On New York City tickets, you can plead guilty, not guilty or guilty with an explanation.  Obviously if you plead guilty, you are admitting that you committed the violation.  If you plead not guilty, a hearing date will be sent to you by first class mail.  If you plead guilty with an explanation, you are admitting that you committed the violation but that there were mitigating circumstances you wish to explain to the judge.  When pleading guilty with an explanation, you may not allege you did not commit the offense.  What most motorists don’t realize is that a guilty with an explanation plea is an admission of guilt that results in conviction and points being assessed.  The only benefit to pleading guilty with an explanation is that the fine schedule does not apply.  In other words, the judge may deviate from the standard fine schedule if he or she accepts your explanation. 

For New York City tickets, you have 15 days from the date of the violation to return your ticket with either a plea of guilty or not guilty to the address shown on the top part of the back of the ticket.  Your plea, whether guilty or not guilty, will be considered timely if it is post-marked on or before the 15^th day after you received the ticket.  You should always plead not guilty.  You can also enter your plea online (http://www.nysdmv.com/PleadandPay/default.html), in person at any TVB or by phone by calling the number on the back of the ticket. 

FAILURE TO ANSWER THE TICKET

If you fail to answer the ticket (whether by mail, internet, in-person or by phone) you may be found guilty by default and your license may suspended until you either vacate the default or pay the fine imposed and any suspension termination fees.  If you wish to enter a late not-guilty plea, you must do so in person at any TVB location.  If your license has already been suspended due to your failure to answer the ticket, the Administrative Law Judge may continue the suspension until your hearing date or require you to pay a $40 bond for each ticket for which you are entering late not-guilty pleas.  The total bonds may not exceed $160.00.  The bond money will be returned to you if you are found not guilty or if the charge is dismissed for any reason.  If you are found guilty, the bond will be returned when your fine is paid. 

If you are going to retain our law firm to represent you, we ask that you send us the ticket and we will enter your not-guilty plea with a formal Notice of Appearance informing DMV that we are representing you.  Call 1-877-DR-SUMMONS (1-877-377-8666) for more information about retaining our law-firm to represent you on your New York City traffic ticket. 

If for some reason you decide you want to plead guilty, you may generally do so by mail, on-line or in person without going before and Administrative Law Judge.  In some instances however, you must appear (or your representative must appear) before an Administrative Law Judge to enter a guilty plea. These are discussed below.    

IN SOME CASES, A PERSONAL APPEARNCE BEFORE AN

ADMINSTRATIVE LAW JUDGE IS REQUIRED TO PLEAD GUILTY

You will be required to appear (or have your attorney appear) in person before an Administrative Law Judge for your current New York City ticket if:  (1) a conviction on the current ticket will result in a finding that you are a persistent violator; (2) the guilty plea will result in a mandatory license or registration suspension or revocation; (3) you are accused of exceeding the speed limit by 30 MPH or more; (4) the current ticket is your second speeding ticket within 6 months regardless of the speed; (5) the current ticket alleges a violation of VTL 509 and you have two prior convictions for violating VTL 509 within the last 10 years; (6) if you have a junior license (including a junior motorcycle license); (7) you have a Restricted License; (8) your license was revoked or suspended at the time you received the current ticket; and/or (9) based upon the facts and circumstances that led to the issuance of your current ticket, the Commissioner of DMV requires your personal appearance before an Administrative Law Judge. 

WHAT IF YOU ARE LATE FOR YOUR HEARING

            If you are more than one hour late for your hearing you will be deemed as having failed to appear.  Your license may be suspended until the next hearing date and/or the judge may require you to post a bond (See above explanation regarding bonds). 

THE HEARING

            At your hearing, you may be represented by an attorney or with the Administrative Law Judge’s approval, any other person you chose.  You may or may not testify.  It will not be held against you if you chose not to testify.  The officer will testify first.  It is the officer’s burden to prove your guilt by clear and convincing evidence.         The “clear and convincing evidence” standard is not as stringent as the “proof beyond a reasonable doubt” standard applicable to traffic infractions handled in criminal courts.  Therefore, those charged with traffic infractions within New York City may be found guilty on a lesser burden of proof at a TVB hearing than those charged with the same exact offense in a criminal court.  This unequal treatment has withstood equal protection challenges. 

The Administrative Law Judge may ask the officer questions however, he or she may not ask the officer leading questions regarding material elements of the charge.  After the officer testifies you may, if you choose, testify on your own behalf and call witnesses.  If you testify, the judge and the officer may ask you questions.  They may also ask your witnesses questions.  Both the officer and you may introduce documentary evidence.  Both you and the officer may make a closing statement.  After the hearing the Administrative Law Judge will render a decision.  The judge need not make any factual determination; he or she may simply find you guilty or not guilty. 

RULES OF EVIDENCE AT THE HEARING

The general rules of evidence that would be applicable in a criminal court do not apply to TVB hearings.  Also, unlike traffic violation hearings handled by local criminal courts, at a TVB hearing, the New York Criminal Procedure Law is not applicable,

There are however, some rules of evidence applicable to TVB hearings.  For example, privileged communications cannot be used at a TVB hearing.  Some of the more common privileged communications that cannot be used against you in a TVB hearing are the (1) “spousal privilege” which provides that one may not be forced to testify against his or her spouse regarding communications made during marriage unless the other spouse consents; (2) “attorney-client privilege” provides that generally, communications between you and your attorney are confidential; (3) “patient-doctor privilege” prohibits your doctor from disclosing any information he or she obtained while treating you provided the information was necessary for your doctor to treat you.  The privilege extends to many other medical professionals; (4) “clergy privilege” which prohibits your clergyman or a minister of any other religion from revealing confessions or confidential communications you make to him or her; and the (5) “psychologist-patient privilege” and “social worker-patient privilege” which are both similar to  the “doctor-patient privilege”.  Although not a privileged communication, it can be argued that any evidence obtained in violation of New York’s Felony Eavesdropping statute (PL 250.05) is not admissible in a TVB hearing (See CPLR 4506).  There are many exceptions to the above privileges.  If you have questions and believe one applies to your case, contact us for a free consultation.    

            Furthermore, evidence which would be inadmissible for constitutional reasons if the case were tried in a court with concurrent jurisdiction over the case is also not admissible in a TVB hearing.  This situation might arise if you are charged with both a traffic violation such as speeding as well as a traffic misdemeanor such as reckless driving.  If the issuing officer makes the speeding ticket returnable to TVB but for some reason decides to make the reckless driving ticket returnable to the criminal court, the criminal court would have concurrent jurisdiction over the speeding ticket.  In such a case, one could argue that evidence excludable in the criminal court handling the reckless driving should also be excluded in the TVB court handling the speeding ticket.  Similarly, evidence of prior misconduct, incompetency or illness is excluded from a TVB hearing unless it would be admissible in a court with concurrent jurisdiction over the case. 

            Finally, irrelevant and immaterial evidence is not admissible at a TVB hearing. 

GUILTY FINDING

            If the Administrative Law judge finds you guilty by clear and convincing evidence, he or she will then examine your driving record.  You may explain any conviction the judge is considering when determining your penalty.  You may also make a statement prior to the imposition of the penalty.  The judge will then announce the penalty – typically a fine and sometimes, depending on your driving record and the current charge, a license sanction (suspension/revocation).  The judge will then inform you of your right to appeal. 

CONCLUSION

            The TVB is a very difficult place for motorists to appear without an attorney.  Should you receive a ticket in NYC, it is best that you have an attorney experienced with NYC tickets and the TVB system represent you.  You should know that even the most experienced attorneys have difficulty winning dismissals in TVB.  There is no plea bargaining and, in reality, the standard of proof is fairly low.  Please contact us to discuss your particular ticket or with any other questions about NYC traffic tickets.