§ 2408 — Procedure for traffic violations

New York § 2408

• Jurisdiction: New York
• Law UDC: Uniform District Court Act
• Art. 23: Application

Text

* § 2408. Procedure for traffic violations. 1. The board of judges\nshall have power to provide, by resolution, a procedure to govern the\npayment of fines by any person accused of violating any provision of any\nlaw, ordinance, rule or regulation relating to vehicular or pedestrian\ntraffic, without appearing in person, except in cases of speeding,\nreckless driving, leaving scene of an accident or any charge of a\nmisdemeanor or felony or any charge which may for reasons of public\npolicy require the personal appearance of the accused, for such period\nof time as shall be deemed in the public interest; to fix the fine to be\npaid in each class of case within the minimum and maximum amount set by\nlaw, ordinance, rule or regulation; to designate the place or places\nwhere such fines may be paid; to prescribe the form of the summonses to\nbe used and the manner in which the plea of guilty shall be made; and\nthe manner in which the money shall be paid.\n 2. Such procedure may provide that any person pleading "guilty", or\nthat a person pleading "not guilty" and asking that a day be set for\ntrial, may do so through a representative or by mail and may further\nprovide that the clerk of the court set such day for trial.\n 3. No resolution providing such procedure shall be effective until a\ncertified copy thereof shall have been filed with the county clerk,\nwhereupon, or upon such subsequent date prescribed in said resolution,\nany traffic violations bureau heretofore established by the board of\njudges pursuant to the general municipal law shall be deemed abolished\nand the powers of such bureau shall devolve upon the board of judges and\nmatters pending in such traffic violations bureau shall be disposed of\nin accordance with the procedure provided pursuant to this section.\n 4. Whenever any summons is issued involving any provision of any law,\nordinance, rule or regulation relating to motor vehicle parking and the\nprocedure for such violation is provided under this section, the member\nof the police force or any other peace officer serving said summons in\nlieu of inserting in the summons the name of the person summoned, may\ninsert therein, in the space provided for the insertion of the name of\nthe person summoned, the words "Registered owner of motor vehicle\nbearing license, " said words to be followed by the license designation\nor identification as shown by the license plates on said motor vehicle\nparked in violation of law, ordinance, rule or regulation as aforesaid,\nand said summons may be served upon said registered owner by a member of\nthe police force or other peace officer by affixing the summons to said\nmotor vehicle in some conspicuous place where it is likely to be seen by\nan operator thereof. An operator of the motor vehicle, for the purposes\nof this section if not the owner thereof, shall be deemed to be the\nagent of such registered owner to receive said summons served in the\nmanner aforesaid, and service made in the manner provided shall be\ndeemed to be lawful service upon the registered owner of the motor\nvehicle to which the summons is affixed. For the purpose of the service\nof the summons as herein provided, the registration records of the motor\nvehicle department of the state in which the motor vehicle is registered\nshall be conclusive evidence as to the registered owner of the motor\nvehicle. When a summons is issued and served as authorized in this\nsection, the information sworn to may charge the violation in the same\nmanner and any further proceedings authorized in this section may be had\nand recorded in the name of the "Registered owner of motor vehicle\nbearing license", said words to be followed by the license designation\nor identification as shown by the license plates.\n * NB There are 2 § 2408's\n