Traffic Violations Bureau Related Questions
What is the Traffic Violations Bureau?The Traffic Violations Bureau is not like a true court, but it is an administrative agency that has different procedures in place that handle rules of evidence and types of punishments. Where in a regular court there is a judge, in the Traffic Violations Bureau there is an administrative judge. There are no pleas bargains in a Traffic Violations Bureau and the judge cannot lower the charge leaving the only option that the person has is to plead guilty or not guilty. If the person wishes to file an appeal, they would do so through the Appeals Processing Unit of the Department of Motor Vehicles.
If a person receives a summons in New York, VTL 1212, would this be considered a misdemeanor or would it be handled in the Traffic Violations Bureau?According to New York statute: “VTL § 1212. Reckless driving; Reckless driving shall mean driving or using any motor vehicle, motorcycle or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway. Reckless driving is prohibited. Every person violating this provision shall be guilty of a misdemeanor.”
Since this is considered to be a misdemeanor, then the Traffic Violations Bureau would not be able to handle the case and the case would be sent to criminal court.
If a person is found guilty of a traffic ticket in the state of New York, how would they appeal the decision?If the person feels that the judge’s decision was incorrect, then he/she can file an appeal. The person can file an appeal online at http://www.nydmv.state.ny.us/webAppeals/default. The person can also download form AA-33, Traffic Violations Appeal Form, from the Department of Motor Vehicles website or they can go to the Traffic Violations Bureau office and pick up the form. The person would need to read the directions carefully or have his/her attorney help them fill it out. The person has 30 days to file an appeal once the decision is made as to their guilt.
In the state of New York, if a person receives a summons for driving over the speed limit, can this result in a suspended license?In the state of New York, if the summons is the person’s first offense, then the individual in many situations will not get their license suspended. Unless this person is in the city and subject to the Traffic Violations Bureau, then the individual would be able to send the ticket in with a not guilty plea. In most cases, if the person shows to court, they can get the ticket reduced to a parking ticket.
If a person has a warrant and wanted to go to the Bureau of Motor Vehicles to get an identification card, will he/she be arrested?When a person goes to get a state issued identification card, then the Department of Motor Vehicles will look up the person’s information, see the warrant, and more than likely inform the proper authorities of the warrant since they cannot arrest anyone themselves.
When a person receives a traffic ticket, then he/she will have to appear in Traffic Violations Bureau. When a person has to go to the Traffic Violations Bureau, then he/she may have questions regarding the validity of the verdicts, how the Traffic Violations Bureau works, or other questions that may arise. When the person need advice, then he/she would need to seek answers from an Expert.