Have you plead guilty to a traffic ticket (such as reckless driving) only to realize that your license is now being suspended or that you are facing a high number of points on your license? Or have you mailed in a guilty plea figuring you would rather avoid a day in court and didn't know that your insurance rates would increase so much over a single traffic violation.
The above scenarios happen quite often to drivers facing traffic infractions in New York. Although it may seem trivial at first, losing your driving privileges and accumulating a high number of points can be very problematic.
How Do I Appeal My Traffic Violation Matter In New York City?
There are two very different types of courts that handle traffic violations in New York. There is first the Traffic Violations Bureau (TVB) which covers the five boroughs of New York. The second type of court is your town or village municipal court. The main difference between the TVB and the other courts is that the TVB does not allow for plea bargaining.
Plea bargaining is the process of negotiation a reduction on the original charge you are facing. Plea bargaining is a way to effectively and efficiently deal with a traffic matter by both parties agreeing to a lesser sentence. The benefit of plea bargaining is to take away the uncertainty that a trial can result in. Since the TVB does not offer plea deals it is more likely that a person would like to appeal a decision made by the Traffic Violations Bureau.
How Do I Appeal My Ticket In The Traffic Violations Bureau?
First you should check the bottom of your ticket to see if you case was answerable to the Traffic Violations Bureau (If your matter is a non-TVB case click here). If you have been found guilty after a trial at the TVB, the rules allow an appeal only if it is filed within the 30 days of the decision. If 30 days have passed then your appeal will not be timely and will be thrown on. Next for an appeal to be successful you must pay all fines owed to the TVB. Only after you have successfully appealed a decision will all the money be returned to you.
The cost for filing an appeal in the Traffic Violations Bureau is $10 per ticket you wish to appeal. You can file either by filling out the following form and mailing it to the TVB Appeals Board or by completing a form online located here. If your license is going to be suspended or revoked based on the decision that was made by the TVB, you can make a request to stay the suspension. This means that your license and driving privileges will remain valid while appeal is pending.
After the appeal form has been successfully submitted, you should review the transcripts from the original court date, which usually requires $50 fee. The transcripts must be paid for within 30 days and after you receive the transcripts you will have 30 days to review it and submit written arguments to the appeals board about the decision. The judge hearing your matter will only accept legal errors that were made in the original case and not factual ones. Factual determinations are ones that the judge can choose to accept or reject depending on how the case was presented.
The entire appeal process before the hearing does not require a court appearance and can be completed on the internet or by mail. It should be evident that the appeal process can be quite tricky and should be pursued with the assistance of a qualified attorney. An attorney knows the legal errors that can help you win the appeal and will know which facts in evidence should be presented.
If you or a loved one is interested in appealing a decision made by New York’s Traffic Violations Bureau then contact the Rosenblum Law today for assistance. Our attorneys are trained and specialize in handling traffic violation matters.