§ 2411 — Procedure for traffic violations

New York § 2411

• Jurisdiction: New York
• Law UDC: Uniform District Court Act
• Title 1: Organization
• Art. 24: District Court: Organization

Text

§ 2411. Procedure for traffic violations. 1. The board of judges shall\nhave power to provide, by resolution, a procedure to govern the payment\nof fines by any person accused of violating any provision of any law,\nordinance, 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.\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 the peace officer, acting pursuant to his special\nduties, serving said summons in lieu of inserting in the summons the\nname of the person summoned, may insert therein, in the space provided\nfor the insertion of the name of the person summoned, the words\n"Registered owner of motor vehicle bearing license", said words to be\nfollowed by the license designation or identification as shown by the\nlicense plates on said motor vehicle parked in violation of law,\nordinance, rule or regulation as aforesaid, and said summons may be\nserved upon said registered owner by a member of the police force or by\na peace officer, acting pursuant to his special duties, by affixing the\nsummons to said motor vehicle in some conspicuous place where it is\nlikely to be seen by an operator thereof. An operator of the motor\nvehicle, for the purposes of this section if not the owner thereof,\nshall be deemed to be the agent of such registered owner to receive said\nsummons served in the manner aforesaid, and service made in the manner\nprovided shall be deemed to be lawful service upon the registered owner\nof the motor vehicle to which the summons is affixed. For the purpose of\nthe service of the summons as herein provided, the registration records\nof the motor vehicle department of the state in which the motor vehicle\nis registered shall be conclusive evidence as to the registered owner of\nthe motor vehicle. When a summons is issued and served as authorized in\nthis section, the information sworn to may charge the violation in the\nsame manner and any further proceedings authorized in this section may\nbe had and recorded in the name of the "Registered owner of motor\nvehicle bearing license", said words to be followed by the license\ndesignation or identification as shown by the license plates.\n