New York Consolidated Laws, Uniform District Court Act - UDC § 2408. Procedure for traffic violations
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1. The board of judges shall have power to provide, by resolution, a procedure to govern the payment of fines by any person accused of violating any provision of any law, ordinance, rule or regulation relating to vehicular or pedestrian traffic, without appearing in person, except in cases of speeding, reckless driving, leaving scene of an accident or any charge of a misdemeanor or felony or any charge which may for reasons of public policy require the personal appearance of the accused, for such period of time as shall be deemed in the public interest; to fix the fine to be paid in each class of case within the minimum and maximum amount set by law, ordinance, rule or regulation; to designate the place or places where such fines may be paid; to prescribe the form of the summonses to be used and the manner in which the plea of guilty shall be made; and the manner in which the money shall be paid.
2. Such procedure may provide that any person pleading “guilty,” or that a person pleading “not guilty” and asking that a day be set for trial, may do so through a representative or by mail and may further provide that the clerk of the court set such day for trial.
3. No resolution providing such procedure shall be effective until a certified copy thereof shall have been filed with the county clerk, whereupon, or upon such subsequent date prescribed in said resolution, any traffic violations bureau heretofore established by the board of judges pursuant to the general municipal law shall be deemed abolished and the powers of such bureau shall devolve upon the board of judges and matters pending in such traffic violations bureau shall be disposed of in accordance with the procedure provided pursuant to this section.
4. Whenever any summons is issued involving any provision of any law, ordinance, rule or regulation relating to motor vehicle parking and the procedure for such violation is provided under this section, the member of the police force or any other peace officer serving said summons in lieu of inserting in the summons the name of the person summoned, may insert therein, in the space provided for the insertion of the name of the person summoned, the words “Registered owner of motor vehicle bearing license,” said words to be followed by the license designation or identification as shown by the license plates on said motor vehicle parked in violation of law, ordinance, rule or regulation as aforesaid, and said summons may be served upon said registered owner by a member of the police force or other peace officer by affixing the summons to said motor vehicle in some conspicuous place where it is likely to be seen by an operator thereof. An operator of the motor vehicle, for the purposes of this section if not the owner thereof, shall be deemed to be the agent of such registered owner to receive said summons served in the manner aforesaid, and service made in the manner provided shall be deemed to be lawful service upon the registered owner of the motor vehicle to which the summons is affixed. For the purpose of the service of the summons as herein provided, the registration records of the motor vehicle department of the state in which the motor vehicle is registered shall be conclusive evidence as to the registered owner of the motor vehicle. When a summons is issued and served as authorized in this section, the information sworn to may charge the violation in the same manner and any further proceedings authorized in this section may be had and recorded in the name of the “Registered owner of motor vehicle bearing license”, said words to be followed by the license designation or identification as shown by the license plates.
Cite this article: FindLaw.com - New York Consolidated Laws, Uniform District Court Act - UDC § 2408. Procedure for traffic violations - last updated January 01, 2021 | https://codes.findlaw.com/ny/uniform-district-court-act/udc-sect-2408.html
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