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Article 2A - NY Vehicle and Traffic Law

ADJUDICATION OF TRAFFIC INFRACTIONS

Section Description
225 Jurisdiction; transfer of cases; hearing officers; regulations.
S 225. Jurisdiction; transfer of cases; hearing officers; regulations.
  1.  Notwithstanding any inconsistent provision of law, all violations of
  this chapter or of a law, ordinance, order, rule or regulation  relating
  to  traffic,  except parking, standing, stopping or pedestrian offenses,
  which occur within a city having a population of two hundred thousand or
  more in which administrative tribunals have heretofore been established,
  and which are classified  as  traffic  infractions,  may  be  heard  and
  determined  pursuant  to the regulations of the commissioner as provided
  in this article. Whenever a crime and a traffic infraction arise out  of
  the  same transaction or occurrence, a charge alleging both offenses may
  be made returnable before the court having jurisdiction over the  crime.
  Nothing  herein  provided  shall be construed to prevent a court, having
  jurisdiction over a criminal charge relating to  traffic  or  a  traffic
  infraction,  from lawfully entering a judgment of conviction, whether or
  not based on a plea of guilty, for any offense classified as  a  traffic
  infraction.
    2.  Whenever  the  commissioner or his deputy determines that a charge
  alleges an offense other than a traffic infraction, he shall, and  where
  a  charge  cannot  be  disposed  of because of the non-appearance of the
  motorist, he may  notify  the  court  of  appropriate  jurisdiction  and
  request  removal of the case to such court. Prior notice of such request
  need not be given the motorist involved. Upon receipt of  such  request,
  the  court  may grant an order transferring such case, provided that the
  date on which the charge or charges must be answered  before  the  court
  shall not be earlier than the return date which appears on the complaint
  alleging  the  offense. Notice of transfer of cases involving other than
  traffic infractions shall be mailed  to  the  motorist  at  the  address
  appearing  on  such  complaint not less than ten days before the date of
  appearance indicated on his summons  and  not  less  than  fifteen  days
  before  his  scheduled  appearance  in such court. Notice of transfer of
  cases which cannot be disposed of because of the non-appearance  of  the
  motorist  shall  be  mailed  to the motorist at the address appearing on
  such  complaint  not  less  than  fifteen  days  before  his   scheduled
  appearance  in  such  court. Such mailing shall constitute due notice of
  such transfer. Thereafter, such case shall be treated in the same manner
  as if the complaint had initially been filed with such court.
    3. The commissioner shall appoint such hearing officers  as  shall  be
  necessary  to  hear  and determine cases as provided by this article and
  may promulgate such regulations as shall be necessary  or  desirable  to
  effect  the purposes of this article. Such regulations may provide for a
  schedule of monetary penalties to be used where an answer is made, other
  than before a hearing officer, admitting a charge, provided that no such
  penalty shall exceed the maximum fine established by law for the traffic
  infraction involved.

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Vehicle and Traffic Law - Table of Contents

VTL Index | Article Index | Violation Guide | License Guide | Popular Articles | Search Phrases
Title 1 | Title 2 | Title 3 | Title 4 |Title 5 | Title 6 |Title 7 | Title 8 | Title 9 | Title 10 | Title 11 | Title 12 | 01 | 02 | 2A | 2B | 03 | 3A | 04 | 05 | 5A | 06 | 07 | 08 | 09 | 10 |11 | 12 | 12a | 12b | 12c | 13 | 14 | 14A | 14B | 15 | 15A | 16 | 17 | 17A | 17A* | 17B | 17C | 18 | 19 | 19A | 19B | 20 | 21 | 21A | 21B | 21C | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 | 31 | 32 | 33 | 34 | 34A | 34B | 34C | 35 | 36 | 37 | 38 | 38 | 39 | 40 | 41 | 42 | 43 | 44 | 44A | 45 | 46 | 47 | 48 | 48A | 48B | 48C | 49 | 50

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