N.Y. Traffic Court: How to Plead Not Guilty to a Traffic Violation

In New York, you can plead not guilty to traffic violations. The following instructions apply only to a non-criminal traffic violation.  A non-criminal traffic violation is not limited to, but can include, a speeding ticket, running a red light, or making an illegal turn with your vehicle. A criminal traffic violation is more severe, for instance, driving under the influence or driving on a suspended license.  By choosing to plead not guilty, you are disputing the charge for which you were cited.    

Act Quickly

Follow the instructions on the ticket, and act promptly.  You must respond and mail the ticket within 15 days of receiving it.  Read the not guilty instructions on the back of your ticket.  Next, check the box labeled not guilty.  Complete the information on the back of the ticket, and sign it before mailing the ticket.  The consequences for not responding in time are severe.  Your driver license will be suspended for not paying the fine if you fail to respond in the time allowed.  In addition, a default judgment against you may be entered if you fail to respond in time. 

DMV will send you a letter telling you when and where to go for your hearing.

At Your Hearing

Your hearing will be in front of an Administrative Law Judge, or an ALJ.  An attorney may represent you at the hearing.  The police officer will testify and explain the reasoning for issuing the ticket.  After, you may question the officer.  Next, it will be your turn to present witnesses to testify for you or written evidence.  The judge may also choose to question a witness. You do not have to testify but you may do so if you wish.

After all the evidence and testimony has been presented, the ALJ will rule on your guilt or innocence.  The ALJ will base the decision solely on the evidence and testimony heard at the hearing and what the law states.  The charge against you must be proven by clear and convincing evidence for you to be found guilty.  If you are found guilty, the judge will most likely set a fine. Additionally, your license or registration may be suspended or revoked

Only an attorney can provide legal advice.  Speak with a licensed New York state attorney if you have any questions about contesting a traffic violation, or New York traffic laws.