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Article 44A - NY Vehicle and Traffic Law

• NY Laws ›
• Vehicle and Traffic Law ›
• Title VIII ›
• Article 44A

  S 1690. Authority  of  the  Nassau county and Suffolk county district
  court judicial hearing officers. 1. Notwithstanding any other  provision
  of law, where the trial of a traffic or parking infraction is authorized
  or  required  to  be  tried  before  the Nassau county district court or
  Suffolk county district court, and such traffic and  parking  infraction
  does  not constitute a misdemeanor, felony, violation of subdivision one
  of section eleven hundred ninety-two, subdivision five of section eleven
  hundred ninety-two, section three hundred ninety-seven-a, or subdivision
  (g) of section eleven hundred eighty of this chapter, or a violation  of
  paragraph (b) of subdivision four of section fourteen-f or clause (b) of
  subparagraph  (iii)  of  paragraph  c  of subdivision two of section one
  hundred forty of the transportation law, or any offense that is part  of
  the  same  criminal  transaction, as that term is defined in subdivision
  two  of  section  40.10  of  the  criminal  procedure  law,  as  such  a
  misdemeanor,  felony,  violation  of  subdivision  one of section eleven
  hundred  ninety-two,  subdivision  two   of   section   eleven   hundred
  ninety-two,  section  three hundred ninety-seven-a or subdivision (g) of
  section eleven hundred  eighty  of  this  chapter,  or  a  violation  of
  paragraph (b) of subdivision four of section fourteen-f or clause (b) of
  subparagraph  (iii)  of  paragraph  d  of subdivision two of section one
  hundred forty of the transportation law, the administrative judge of the
  county in which the trial court is located, may assign judicial  hearing
  officers  to  conduct such a trial. Such judicial hearing officers shall
  be village court justices or retired judges either of which  shall  have
  at  least  two  years  of  experience  conducting  trials of traffic and
  parking violations cases and shall be admitted to practice law  in  this
  state. Where such assignment is made, the judicial hearing officer shall
  entertain the case in the same manner as a court and shall:
    (a) determine all questions of law;
    (b) act as the exclusive trier of all issues of fact;
    (c) render a verdict;
    (d) impose sentence; or
    (e) dispose of the case in any manner provided by law.
    2.  In  the  discharge  of  this  responsibility, the judicial hearing
  officer shall have the same powers as a judge of the court in which  the
  proceeding is pending. The rules of evidence and reasonable doubt burden
  of  proof shall be applicable at a trial conducted by a judicial hearing
  officer.
    3. Any action taken by a judicial hearing officer in the conduct of  a
  trial  or  other  disposition  thereof shall be deemed the action of the
  court in which the proceeding is pending.
    4. Judicial hearing officers are  prohibited  from  appearing  in  any
  capacity  other  than  as  a judicial hearing officer in any part of the
  Nassau county or Suffolk county district court on any matter relating to
  traffic or parking violations and are further prohibited from  appearing
  in  any  capacity  other than as a judicial hearing officer in any other
  court or administrative tribunal on any matter relating  to  traffic  or
  parking violations.

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