§ 1806-a. Default judgment in cases of failure to answer.
1.In the\nevent a person charged with a traffic infraction does not answer within\nthe time specified, the court having jurisdiction, other than a court in\na city over one million population may, in addition to any other action\nauthorized by law, enter a plea of guilty on behalf of the defendant and\nrender a default judgment of a fine determined by the court within the\namount authorized by law. Any judgment entered pursuant to default shall\nbe civil in nature, but shall be treated as a conviction for the\npurposes of this section. However, at least thirty days after the\nexpiration of the original date prescribed for entering a plea and\nbefore a plea of guilty and a default judgment may be rendered, the\ntraffic violation
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§ 1806-a. Default judgment in cases of failure to answer. 1. In the\nevent a person charged with a traffic infraction does not answer within\nthe time specified, the court having jurisdiction, other than a court in\na city over one million population may, in addition to any other action\nauthorized by law, enter a plea of guilty on behalf of the defendant and\nrender a default judgment of a fine determined by the court within the\namount authorized by law. Any judgment entered pursuant to default shall\nbe civil in nature, but shall be treated as a conviction for the\npurposes of this section. However, at least thirty days after the\nexpiration of the original date prescribed for entering a plea and\nbefore a plea of guilty and a default judgment may be rendered, the\ntraffic violations bureau or, if there be none, the clerk of the court,\nshall notify the defendant by certified mail: (a) of the violation\ncharged; (b) of the impending plea of guilty and default judgment; (c)\nthat such judgment will be filed with the county clerk of the county in\nwhich the operator or registrant is located, and (d) that a default or\nplea of guilty may be avoided by entering a plea or making an appearance\nwithin thirty days of the sending of such notice. Pleas entered within\nthat period shall be in a manner prescribed in the notice. In no case\nshall a default judgment and plea of guilty be rendered more than two\nyears after the expiration of the time prescribed for originally\nentering a plea. When a person has entered a plea of not guilty and has\ndemanded a hearing, no fine or penalty shall be imposed for any reason,\nprior to the holding of the hearing which shall be scheduled by the\ncourt of such city, village or town within thirty days of such demand.\n 2. The filing of the default judgment with the county clerk shall have\nthe full force and effect of a judgment duly docketed in the office of\nsuch clerk and may be enforced in the same manner and with the same\neffect as that provided by law in respect to executions issued against\nproperty upon judgments of a court of record and such judgment shall\nremain in full force and effect for eight years notwithstanding any\nother provision of law.\n 3. Notwithstanding the provisions of subdivision one of this section,\na traffic violations bureau or, if there be none, the clerk of the\ncourt, shall have two years from the effective date of this act to serve\nnotice upon an operator or owner of a motor vehicle charged with a\ntraffic violation who has not answered within the time specified and\nprior to the effective date of this act.\n 4. In the event a person charged with a parking violation does not\nanswer within the time specified, a traffic and parking violations\nagency may, in addition to any other action authorized by law, enter a\nplea of guilty on behalf of the defendant and render a default judgment\nof a fine determined by the judicial hearing officer within the amount\nauthorized by law. Any judgment entered pursuant to default shall be\ncivil in nature, but shall be treated as a conviction for the purposes\nof this section. However, at least thirty days after the expiration of\nthe original date prescribed for entering a plea and before a plea of\nguilty and a default judgment may be rendered, the traffic and parking\nviolations agency shall notify the defendant by certified mail: (a) of\nthe violation charged; (b) of the impending plea of guilty and default\njudgment; (c) that such judgment will be filed with the county clerk of\nthe county in which the operator or registrant is located, and (d) that\na default or plea of guilty may be avoided by entering a plea or making\nan appearance within thirty days of the sending of such notice. Pleas\nentered within that period shall be in a manner prescribed in the\nnotice. In no case shall a default judgment and plea of guilty be\nrendered more than two years after the expiration of the time prescribed\nfor originally entering a plea. When a person has entered a plea of not\nguilty and has demanded a hearing, no fine or penalty shall be imposed\nfor any reason, prior to the holding of the hearing which shall be\nscheduled by the traffic and parking violations agency within thirty\ndays of such demand.\n 5. If a motor vehicle which is owned by a rental or leasing company is\nticketed for a traffic infraction, the municipality shall not enter a\ndefault judgement under this section against the rental or leasing\ncompany if, when the municipality sends the notice to the company, the\ncompany sends to the municipality within fifteen days a copy of the\nrental or leasing agreement covering that vehicle on that date with the\nname and address of the lessee clearly legible. If this information is\nnot sent to the municipality within such fifteen day time period, the\nmunicipality shall proceed under this section to enter a default\njudgement and the rental or leasing company shall be liable for the\ntraffic infraction.\n