New York Traffic Courts

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