§ 155 — Traffic infraction

New York § 155

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 1: Words and Phrases Defined

Text

§ 155. Traffic infraction. The violation of any provision of this\nchapter, except articles forty-seven and forty-eight, or of any law,\nordinance, order, rule or regulation regulating traffic which is not\ndeclared by this chapter or other law of this state to be a misdemeanor\nor a felony. A traffic infraction is not a crime and the punishment\nimposed therefor shall not be deemed for any purpose a penal or criminal\npunishment and shall not affect or impair the credibility as a witness\nor otherwise of any person convicted thereof. This definition shall be\nretroactive and shall apply to all acts and violations heretofore\ncommitted where such acts and violations would, if committed subsequent\nto the taking effect of this section, be included within the meaning of\nthe term "traffic infraction" as herein defined. Except in those\nportions of Suffolk county for which a district court has been\nestablished, outside of cities having a population in excess of one\nmillion in which administrative tribunals have heretofore been\nestablished, courts and judicial officers heretofore having jurisdiction\nover such violations shall continue to do so and for such purpose such\nviolations shall be deemed misdemeanors and all provisions of law\nrelating to misdemeanors except as provided in section eighteen hundred\nfive of this chapter and except as herein otherwise expressly provided\nshall apply except that no jury trial shall be allowed for traffic\ninfractions. In those portions of Suffolk county for which a district\ncourt has been established and in cities having a population in excess\nof one million in which administrative tribunals have heretofore been\nestablished, the criminal courts of such cities or portions of Suffolk\ncounty in which a district court has been established shall have\njurisdiction to hear and determine any complaint alleging a violation\nconstituting a traffic infraction, except that administrative tribunals\nheretofore established in such cities or portions of Suffolk county in\nwhich a district court has been established shall have jurisdiction to\nhear and determine any charge of an offense which is a traffic\ninfraction, except parking, standing or stopping. In cities having a\npopulation in excess of two hundred thousand in which administrative\ntribunals have heretofore been established, and any such administrative\ntribunal established by the city of Yonkers, the city of Peekskill, or\nthe city of Syracuse, such tribunals shall have jurisdiction to hear and\ndetermine any charge of an offense which is a parking, standing or\nstopping violation. Any fine imposed by an administrative tribunal shall\nbe a civil penalty. For purposes of arrest without a warrant, pursuant\nto article one hundred forty of the criminal procedure law, a traffic\ninfraction shall be deemed an offense.\n