§ 226 — Summons; answer

New York § 226

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

Text

§ 226. Summons; answer. 1. Summons. The commissioner shall be\nauthorized to prescribe by regulation the form for the summons and\ncomplaint to be used for all traffic violations specified in subdivision\none of section two hundred twenty-five of this chapter, and to establish\nprocedures for proper administrative controls over the disposition\nthereof. Such summons may be the same as the uniform summons provided\nfor in section two hundred seven of this chapter. The chief executive\nofficer of each local police force which is required to use the summons\nand complaint provided for herein shall prepare or cause to be prepared\nsuch records and reports as may be prescribed by the commissioner.\n 1-a. Return date notifications. The commissioner shall notify any\nperson who receives a summons and complaint for any traffic violation\nspecified in subdivision one of section two hundred twenty-five of this\narticle of the time and place of the return date for such summons, no\nlater than one week prior to such return date. The commissioner shall\nsend such notification by first class mail at the address of such person\non file with the department or at the current address provided by the\nUnited States postal service in accordance with section two hundred\nfourteen of this title.\n 2. Answer. (a) General. Any person who receives a summons for a\nviolation described in subdivision one of section two hundred\ntwenty-five of this chapter shall answer such summons by personally\nappearing on the return date at the time and place specified therein.\nProvided, however, that an answer may be made as provided in paragraphs\n(b) and (c) of this subdivision and the regulations of the commissioner.\n (b) Answer by mail -- admitting charge. If a person charged with the\nviolation admits to the violation as charged in the summons, he may\ncomplete an appropriate form prescribed by the commissioner and forward\nsuch form and summons, together with the appropriate part of his\nlicense, if required by the commissioner's regulations, to the office of\nthe department specified on such summons. If a schedule of penalties for\nviolations has been established, and such schedule appears on the answer\nform, a check or money order in the amount of the penalty for the\nviolation charged if included in such schedule, must also be submitted\nwith such answer. Unless permitted by the regulations of the\ncommissioner, such plea may not be made by mail for any offense for\nwhich suspension or revocation of a driver's license is required by law,\nor for any other offense if the conviction thereof would result in a\nhearing pursuant to a highway safety program established under the\nprovisions of subdivision three of section five hundred ten of this\nchapter.\n (c) Answer by mail - denial of charges. If the person charged with the\nviolation denies part or all of the violation as charged in the summons,\nhe may complete an appropriate form prescribed by the commissioner for\nthat purpose and forward such form and summons to the office of the\ndepartment specified on such summons. Upon receipt, such answer shall be\nentered and a hearing date established by the department. The department\nshall notify such person by return mail of the date of such hearing.\n 3. Failure to answer or appear; entry of order. (a) If the person\ncharged with the violation shall fail to answer the summons as provided\nherein, the commissioner may suspend such person's license or driving\nprivilege or, if the charge involves a violation of section three\nhundred eighty-five, section four hundred one or section five hundred\neleven-a of this chapter by a registrant who was not the operator of the\nvehicle, the registration of such vehicle or the privilege of operation\nof any motor vehicle owned by such registrant may be suspended, until\nsuch person shall answer as provided in subdivision two of this section,\nor has paid or has entered into an installment payment plan to pay the\nfine associated with a conviction entered as a result of the failure to\nappear in response to such summons, or the defendant has been acquitted\nof the charge that led to the suspension or such charge was otherwise\ndismissed. If a person shall fail to appear at a hearing, when such is\nprovided for pursuant to this section, such person's license, or\nregistration or privilege of operating or of operation, as appropriate,\nmay be suspended pending appearance at a subsequent hearing, or the\ndisposition of the charges involved. Any suspension permitted by this\nsubdivision, if already in effect, may be terminated or if not yet in\neffect, may be withdrawn or withheld, prior to the disposition of the\ncharges involved if such person shall appear and post security in the\namount of forty dollars to guarantee his or her appearance at any\nrequired hearing. The security posted pursuant to this subdivision shall\nbe returned upon appearance at the scheduled hearing or an adjourned\nhearing which results in a final disposition of the charge, and\notherwise shall be forfeited. If a suspension has been imposed pursuant\nto this subdivision and the case is subsequently transferred pursuant to\nsubdivision two of section two hundred twenty-five of this article, such\nsuspension shall remain in effect until the person answers the charges\nin the court to which the case was transferred. Any suspension issued\npursuant to this paragraph shall be subject to the provisions of\nparagraph (j-1) of subdivision two of section five hundred three of this\nchapter.\n (b) Failure to answer or appear in accordance with the requirements of\nthis section and any regulations promulgated hereunder shall be deemed\nan admission to the violation as charged, and an appropriate order may\nbe entered in the department's records, and a fine consistent with the\nprovisions of this chapter and regulations of the commissioner may be\nimposed by the commissioner or person designated by the commissioner.\nPrior to entry of an order and imposition of a fine, the commissioner\nshall notify such person by mail at the address of such person on file\nwith the department or at the current address provided by the United\nStates postal service in accordance with section two hundred fourteen of\nthis title: (i) of the violation charged; (ii) of the impending entry of\nsuch order and fine; (iii) that such order and fine may be filed as a\njudgment with the county clerk of the county in which the operator or\nregistrant is located; and (iv) that entry of such order and imposition\nof such fine may be avoided by entering a plea or making an appearance\nwithin thirty days of the sending of such notice. In no case shall such\nan order and fine be entered and imposed more than two years after the\ndate of the alleged violation. Upon application in such manner and form\nas the commissioner shall prescribe an order and fine shall be vacated\nupon the ground of excusable default.\n