- There is no plea bargaining; every ticket goes to trial.
- All traffic tickets in NYC are handled by DMV employees (ALJs) appointed in Albany, not real, elected judges.
- The burden of proof is “clear and convincing evidence” not “beyond a reasonable doubt.”
- Cases are exempt from the Criminal Procedure Law, applicable to all other traffic courts in New York State.
- Defendants can not ask the police officer what conduct they are accused of. Defendants are not entitled notice which is a right in every other Traffic Court in the State. NY CPL 100.25.(2). This means no opportunity to prepare for trial.
- Cases often take several years to proceed to trial.
“Suffolk, Rochester and Buffalo all got rid of their Traffic Violations Bureau. New York City shouldn’t be left behind. We want real justice, in front of real Judges, in a real courtroom,” Goldstein told Matzav.com. “NYC can make more money by reducing some traffic tickets to parking tickets and by completing cases faster. Plea bargaining by a prosecutor saves police officers trips to court, allowing them to do their job on the street. This is a win win for everyone (except the DMV employees who are union members.) There is no good reason why New Yorkers can’t get their day in traffic court.”
See the petition here.