NY Traffic Courts and Criminal Procedure Law
- Author John Lindsey
- Published February 1, 2010
- Word count 516
The NY traffic courts are the administrative tribunals of the state of New York that are administrated by the New York State Department of Motor Vehicles. The procedure law here is to a large extent less comprehensive and defensive of motorist rights. One will get swift administrative hearings with much abridged rules of evidence. In these courts the administrative law judge must follow a body of law created by the NY traffic courts. Such traffic courts do not support any plea for bargain. Neither will they support deposition.
The steps taken in traffic violations are different in New York City in comparison to other places in the State of New York. The New York State motorists must be well-informed about such differences in the time of receiving a traffic violation. Such violations acknowledged in places remote to NY City are mainly supervised in local criminal court. The set of laws that determines the NY traffic courts procedure is known as New York Criminal Procedure Law. The motorist enjoys many rights from New York Criminal Procedure Law who are seeking to challenge any summons related to traffic. Lawyers are familiar with the Criminal Procedure Law of New York State Traffic Courts should be hired by the motorist to get full benefit of such law.
The NY traffic courts charges the motorist under the Vehicle and Traffic Law (VTL). A number of provisions are there under this law and the motorist is supposed to know all the rules of the road. The right to a supporting deposition as well as the right to plea bargain with court prosecutor is the true highlights of a NY traffic court. The motorist will notice a large no of lawyers are available to help him in defending himself against any charge. But he should hire a very efficient lawyer in the NY traffic courts because the procedures are quite abridged. Park rules and TBTA rules are some of the rules against which one can put charges. As the traffic lawyers are very familiar with such rules, he can easily help you overcome yet the toughest administrative courts in NY.
When a police officer gives a citation to a person, the first thing he should do is plead guilty or pay the specific fine as implied to the court house. In any case if the motorist wants to contest the charges applied on him, he has to appear before the court on the preordained date on the citation. It is on this date their case will be put before the judge. Or they can consult and negotiate with the prosecutor before appearing before the judge in any NY traffic court.
The accused can appear before the court with a written declaration. In such trial cases, he is not required to attend the court room. Only explanations of the reason which will help him to defend him or her in the case are needed. It is the duty of the concerned officer to turn in his declaration. The Judge gives his decision on the basis of the declarations and evidences collected from both sides.
John J Lindsey is author of this article on Upstate New York Traffic Courts.
Find more information about Traffic Court Information here.
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