Traffic Court - Your Rights & Options

City Court Information Sheet for Individuals Charged with Traffic Infractions

This court has received an accusatory instrument (ticket) alleging that you have committed a traffic infraction. You are presumed innocent until proven guilty and you have the right to retain an attorney to represent you now, or at any stage in these proceedings.

You have various procedural options in the course of bringing this matter to a just disposition. You may choose to proceed in any of the following manners, or any other legally authorized manner. You may want to consult an attorney for guidance or representation before determining which course of action you will pursue. The Court may not provide you with a recommendation as to how you should proceed, or as to which of these or any other options you should choose.

YOU MAY:

1. Plead Not Guilty

By pleading “Not Guilty” you exercise your right to a public trial at which the People of the State of New York, represented by the officer who issued the ticket, must prove, beyond a reasonable doubt, that you have committed the offense alleged in the ticket. At the trial you will have the right to hear, see and challenge the evidence submitted to prove your guilt including, confronting, by cross-examination, the Police Officer, or other witnesses who testify against you. You have the right to have witnesses testify on your behalf and you may, but are not required to, testify on your own behalf. After hearing all of the evidence submitted at the trial, the Judge will determine whether or not the People have proven guilt beyond a reasonable doubt, and will render an appropriate verdict. Please promptly notify the Court if you request a trial, so that it can be scheduled for a specific date and time. If you plan to contact the police officer to request a reduction (see #3 below), this must be done before you schedule a trial.

2. Plead Guilty as Charged

By pleading “Guilty” you waive your right to a trial at which the People of the State of New York, represented by the officer who issued the ticket, must prove beyond a reasonable doubt that you committed the offense alleged in the accusatory instrument. A Plea of Guilty will subject you to sentencing by the Judge to any legally authorized sentence. With the Court’s permission, you may withdraw your plea of guilty at any time prior to sentencing and exercise your right to a trial. To plead guilty as charged and pay the fines, you can send mail or appear in person at the Plattsburgh City Court Clerk’s Office at 24 US Oval, Plattsburgh, NY 12903 on or before the court date shown on your ticket. The Court Clerk’s Office is open Monday through Friday 8:00 AM to 4:00 PM.

3. Communicate with the Appropriate Prosecutorial Office (Arresting Officer) Concerning an Alternative Disposition.

You may contact the Officer who is responsible for proving the charge(s) against you to request a reduction of the offense or to negotiate an agreement to resolve the case in some other manner. Any proposed agreement is subject to approval by the Court. If there is a plea of guilty to an agreed-upon offense, you will be subject to sentencing by the Judge to any sentence legally authorized to be imposed for the offense(s) to which you plead guilty.

In the City of Plattsburgh, the prosecutorial office responsible to prove the charge(s) against you alleged in the ticket(s) is the police agency that issued the ticket. This is usually written at the top of the ticket. Tickets written in the City of Plattsburgh are most often issued by either the City of Plattsburgh Police Department or the Plattsburgh State University Police Department. Sometimes a ticket may be issued by a member of the New York State Police, the Clinton County Sheriff’s Department, or the New York State Thousand Island Parks Police. Please contact the police agency directly if you wish to request the arresting officer’s agreement to a reduction in the charge(s) or to an alternative disposition. The City Police and University Police Departments each has a form for this purpose.

If you are requesting a Plea Reduction from the Officer, please do this before you schedule a trial. You have the absolute right to a trial, but you should know that in Plattsburgh City Court, plea reductions are rarely permitted at the time of trial.

City of Plattsburgh Police Department
45 Pine Street
Plattsburgh, NY 12901
518-563-3411

Plattsburgh State University Police
Health Center Building
101 Broad Street
Plattsburgh, NY 12901
518-564-2022