New York Traffic Courts
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Send to a friend by YMAuthor: Warren Redlich
Explains the traffic court system in New York State, including town courts, village courts, and city courts. Mentions the Traffic Violations Bureau, but only in passing.
Justice court is the main place where speeding tickets are handled in most of New York State. The justice court system includes town courts and village courts. City courts often serve the same function, but are technically not justice courts. These courts handle traffic tickets, a variety of criminal cases (including DWI) and other violations, and some minor civil matters.
In a few places in the state, including New York City, parts of Suffolk County, and the cities of Buffalo and Rochester (but not the surrounding towns), tickets are handled by a different system called the Traffic Violations Bureau (perhaps the subject of a future article). Traffic Violations Bureau is a world of its own, and is considered by attorneys to be much more difficult than the justice court system.
Typically a driver will get a speeding ticket somewhere in the state, and won't know what to do with it. Traffic tickets in NY are not as clear as other states. They usually don't say what you owe. They tell you to respond within 48 hours, and then in another spot tell you to appear in court on a certain date.
You can respond by mail, and in most courts it's okay to be late (though certainly not recommended). In many counties north and west of Albany, an attorney can resolve the ticket by mail or fax with the prosecuting attorney or directly with the officer, and with the Court. In some courts, including most of Albany County and the counties to the south, someone will eventually have to appear in Court.
The typical way this is handled is the attorney mails in a letter pleading "not guilty" and asking for a control date or a trial date. With a control date, the case goes into limbo while the attorney negotiates with the prosecutor. With a trial date you usually want to get things resolved before that date, or appear in Court on that date. A good attorney will be able to appear for you in most courts so you don't have to go yourself.
The attorney will negotiate whatever result he can get for you and let you know how much to pay and the deadline for payment.
There is tremendous variety in how cases are handled in the various traffic courts. In many courts, the police officers run the calendar. In some, the judges go by which attorney is ready first. And in a few, no one seems to have any idea what the process is.
Some judges will dismiss a ticket if the officer does not appear for trial. Many judges will simply grant an adjournment to give the officer another chance. While that might appear unfair, in reality the process gives the defendant many opportunities to recover if they miss a date. A common mistake many people make is that they assume the date on the ticket is a trial date. It is not. The officer does not have to appear for that date (and neither do you).
Some judges will not accept deals if they think the reduction is too great. Other judges will approve any deal. In certain counties, for example, for a speed of more than 25 mph over the limit, many judges will insist that the deal must still be a speed, even if a lower one.
Of course, you will find the same variety among police officers and prosecutors as well.
Court hours vary widely too. Most larger courts have their clerk's office open for normal business hours (9-5 or perhaps 8-4). Some smaller courts are rarely open. Some courts have their trials at 8 am, some during the day, and many in the evening. Some courts are so busy they have multiple sessions.
Some courts will handle criminal matters on a different schedule than regular traffic tickets. DWI cases are usually handled on the criminal calendar.
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