| Justice court is the main place where | | | | good attorney will be able to appear for you |
| speeding tickets are handled in most of New | | | | in most courts so you don't have to go |
| York State. The justice court system includes | | | | yourself.The attorney will negotiate whatever |
| town courts and village courts. City courts | | | | result he can get for you and let you know |
| often serve the same function, but are | | | | how much to pay and the deadline for |
| technically not justice courts. These courts | | | | payment.There is tremendous variety in how |
| handle traffic tickets, a variety of criminal | | | | cases are handled in the various traffic |
| cases (including DWI) and other violations, | | | | courts. In many courts, the police officers |
| and some minor civil matters.In a few places | | | | run the calendar. In some, the judges go by |
| in the state, including New York City, parts | | | | which attorney is ready first. And in a few, |
| of Suffolk County, and the cities of Buffalo | | | | no one seems to have any idea what the |
| and Rochester (but not the surrounding | | | | process is.Some judges will dismiss a ticket |
| towns), tickets are handled by a different | | | | if the officer does not appear for trial. |
| system called the Traffic Violations Bureau | | | | Many judges will simply grant an adjournment |
| (perhaps the subject of a future article). | | | | to give the officer another chance. While |
| Traffic Violations Bureau is a world of its | | | | that might appear unfair, in reality the |
| own, and is considered by attorneys to be | | | | process gives the defendant many |
| much more difficult than the justice court | | | | opportunities to recover if they miss a date. |
| system.Typically a driver will get a speeding | | | | A common mistake many people make is that |
| ticket somewhere in the state, and won't know | | | | they assume the date on the ticket is a trial |
| what to do with it. Traffic tickets in NY are | | | | date. It is not. The officer does not have to |
| not as clear as other states. They usually | | | | appear for that date (and neither do |
| don't say what you owe. They tell you to | | | | you).Some judges will not accept deals if |
| respond within 48 hours, and then in another | | | | they think the reduction is too great. Other |
| spot tell you to appear in court on a certain | | | | judges will approve any deal. In certain |
| date.You can respond by mail, and in most | | | | counties, for example, for a speed of more |
| courts it's okay to be late (though certainly | | | | than 25 mph over the limit, many judges will |
| not recommended). In many counties north and | | | | insist that the deal must still be a speed, |
| west of Albany, an attorney can resolve the | | | | even if a lower one.Of course, you will find |
| ticket by mail or fax with the prosecuting | | | | the same variety among police officers and |
| attorney or directly with the officer, and | | | | prosecutors as well.Court hours vary widely |
| with the Court. In some courts, including | | | | too. Most larger courts have their clerk's |
| most of Albany County and the counties to the | | | | office open for normal business hours (9-5 or |
| south, someone will eventually have to appear | | | | perhaps 8-4). Some smaller courts are rarely |
| in Court.The typical way this is handled is | | | | open. Some courts have their trials at 8 am, |
| the attorney mails in a letter pleading "not | | | | some during the day, and many in the evening. |
| guilty" and asking for a control date or a | | | | Some courts are so busy they have multiple |
| trial date. With a control date, the case | | | | sessions.Some courts will handle criminal |
| goes into limbo while the attorney negotiates | | | | matters on a different schedule than regular |
| with the prosecutor. With a trial date you | | | | traffic tickets. DWI cases are usually |
| usually want to get things resolved before | | | | handled on the criminal calendar. |
| that date, or appear in Court on that date. A | | | | |