How
to Resolve a Traffic Ticket
Review your ticket(s) to determine if you have been issued
a ticket for a "misdemeanor" or "traffic infraction".
You can locate this information by looking approximately 2/3
down on the ticket on the right side of the ticket.
If the "misdemeanor" box is checked, you must appear
in the City Court to be arraigned before a City Court Judge
on the return date written on the ticket. You can not use these
instructions.
If the "traffic infraction" box is checked, please
read on for your options:
Most Motorists charged with Traffic Infractions in City Court
can choose to plead guilty and pay fines, or plead not guilty
and schedule trials, at the City Court Clerk's Office Monday-Friday,
from 8:00 AM to 3:30 PM. Adjournments to contact the police
officer to request charge reductions can also be made by the
Court Clerks.
Each traffic ticket includes a date when the motorist is scheduled
to appear in Court. To resolve the case through the Court Clerk's
Office, you must go there on or before the appearance date
written on the ticket. The back of the ticket also provides
instructions for pleading guilty or not guilty by mail.
If the ticket is for DWAI or for a Misdemeanor instead of
an Infraction, a Court appearance is necessary. The most common
traffic misdemeanors are DWI, AUO 3rd (Aggravated Unlicensed
Operation 3rd Degree) and Suspended Registration. You can tell
whether you are charged with an Infraction or a Misdemeanor
by seeing which box the officer checked on the ticket.
Allowing motorists to resolve their tickets in the Court Clerk's
Office will save people from waiting in Court while that day's
criminal cases are handled. This can take as long as two to
three hours. Of course, anyone who prefers to appear in front
of the Judge may still do so.
If you send your plea by mail, the Court will notify you,
by mail, of the fines and mandatory surcharge, if any, assessed.
If you return your plea of guilty in person to the City Court
Clerk's office, the court will be able to assess your fine
immediately. Effective January 29, 2002, New York State licensed
drivers are no longer required to provide their conviction
stub to the Court. However, you will be asked to affirm, under
written oath and under penalty of perjury, if you have any
traffic ticket infraction convictions in New York State within
the past three (3) years.
If you have any questions regarding this procedure, you may
contact the City Court Clerk's office.
Note:
Within 60 days of the issuance of the ticket, you MUST contact
the Court directly in writing or appear in person and plead
either guilty or not guilty to avoid suspension of your driver's
license.
If you request a trial, you will receive written confirmation
of the trial date from the Court. At the trial, the police
officer must present evidence to the Court. You will have the
right to cross-examine the witness(es) and, if you choose,
to present evidence to the Court, which can include testimony
from yourself or from other individuals. If you require a subpoena
for witnesses, you can ask for a subpoena at the time you are
notified of the trial date. At the conclusion of the trial,
the Judge will either render a verdict (finding you guilty
or not guilty) or reserve decision. If the court reserves decision,
a written decision will be issued by the Judge, a copy of which
will be sent to you at the address on file with the Court.
If the court finds you not guilty on all of the tickets, this
will end the case.
If the court finds you guilty of one or more of the tickets,
a fine and mandatory surcharge, if applicable, will be assessed.
You have the right to appeal a traffic infraction conviction.
Click here for instructions on how to appeal.
If you have any questions regarding this procedure, you may
contact the City Court Clerk's office.
Note:
Within 60 days of the issuance of the ticket, you MUST contact
the Court directly, in writing, or appear in Court and plead
either guilty or not guilty to avoid suspension of your driver's
license.
Note:
Within 60 days of the issuance of the ticket, you MUST contact
the Court directly, in writing, or appear in Court and plead
either guilty or not guilty to avoid suspension of your driver's
license.
If you are assessed a fine and mandatory surcharge:
You must make payment to the court as directed by the Court.
If you submit a written plea of guilty, you will be mailed
a fine letter indicating the amount of the fine and the date
that the fine must be paid. Be sure that your current mailing
address is on file with the Court.
If you appear in Court, the court will verbally advise you
of the amount of the fine and the date that payment is due.
If you forget the date that payment is due, you may contact
the City Court.
The Court does not accept personal or business checks. Payment
MUST be made in cash (do NOT send cash through the mail), money
order or bank certified check made payable to the CITY COURT.
If you are paying in person, you should appear at the Court
Clerk's office. If you are paying by mail, you should include
a self-addressed stamped envelope for the return of your receipt.
Note:
Failure to pay your fines WILL result in suspension of
your driver's license. |