§ 225 — Jurisdiction; transfer of cases; hearing officers; regulations

New York § 225

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 2: Department of Motor Vehicles; Commissioner
• Art. 2-A: Adjudication of Traffic Infractions

Text

§ 225. Jurisdiction; transfer of cases; hearing officers; regulations.\n1. Notwithstanding any inconsistent provision of law, all violations of\nthis chapter or of a law, ordinance, order, rule or regulation relating\nto traffic, except parking, standing, stopping or pedestrian offenses,\nwhich occur within a city having a population of one million or more in\nwhich administrative tribunals have heretofore, been established, and\nwhich are classified as traffic infractions, may be heard and determined\npursuant to the regulations of the commissioner as provided in this\narticle. Whenever a crime and a traffic infraction arise out of the same\ntransaction or occurrence, a charge alleging both offenses may be made\nreturnable before the court having jurisdiction over the crime. Nothing\nherein provided shall be construed to prevent a court, having\njurisdiction over a criminal charge relating to traffic or a traffic\ninfraction, from lawfully entering a judgment of conviction, whether or\nnot based on a plea of guilty, for any offense classified as a traffic\ninfraction.\n 2. Whenever the commissioner or his deputy determines that a charge\nalleges an offense other than a traffic infraction, he shall, and where\na charge cannot be disposed of because of the non-appearance of the\nmotorist, he may notify the court of appropriate jurisdiction and\nrequest removal of the case to such court. Prior notice of such request\nneed not be given the motorist involved. Upon receipt of such request,\nthe court may grant an order transferring such case, provided that the\ndate on which the charge or charges must be answered before the court\nshall not be earlier than the return date which appears on the complaint\nalleging the offense. Notice of transfer of cases involving other than\ntraffic infractions shall be mailed to the motorist at the address\nappearing on such complaint not less than ten days before the date of\nappearance indicated on his summons and not less than fifteen days\nbefore his scheduled appearance in such court. Notice of transfer of\ncases which cannot be disposed of because of the non-appearance of the\nmotorist shall be mailed to the motorist at the address appearing on\nsuch complaint not less than fifteen days before his scheduled\nappearance in such court. Such mailing shall constitute due notice of\nsuch transfer. Thereafter, such case shall be treated in the same manner\nas if the complaint had initially been filed with such court.\n 3. The commissioner shall appoint such hearing officers as shall be\nnecessary to hear and determine cases as provided by this article and\nmay promulgate such regulations as shall be necessary or desirable to\neffect the purposes of this article. Such regulations may provide for a\nschedule of monetary penalties to be used where an answer is made, other\nthan before a hearing officer, admitting a charge, provided that no such\npenalty shall exceed the maximum fine established by law for the traffic\ninfraction involved.\n