If you are issued a ticket for a non-criminal moving traffic violation in the five boroughs of New York City, Buffalo, Rochester, or the Towns of Babylon, Brookhaven, Huntington, Islip, or Smithtown in Suffolk County, it will be handled by a New York State Department of Motor Vehicles (DMV) Traffic Violations Bureau (TVB). This allows courts in these areas to concentrate on criminal cases, including driving offenses, such as driving while intoxicated and driving while suspended or revoked (Aggravated Unlicensed Operation). However, TVBs do not handle parking violations.
If you plead not guilty to a traffic ticket in one of these TVB areas, your case will be heard by a DMV Administrative Law Judge (ALJ), an experienced attorney with special training in vehicle and traffic law. An ALJ has the authority to decide whether or not you are guilty and to set a fine if you are found guilty. An ALJ also has the authority to revoke or suspend your driver license and or/auto registration when required by law or when the ALJ believes it is in the interest of traffic safety.
Just as in traffic courts in other area of the state, you may present witnesses and evidence at a hearing before an ALJ and be represented by an attorney.
DMV Safety Hearings
These hearings may involve issues dealing with persistent violations, chemical test refusals, fatal accidents, making a false statement on a license application as well as repair shop complaints.
Here we handle matters such as driving while intoxicated, driving while impaired, reckless driving, leaving the scene of an accident, driving while suspended (Aggravated Unlicensed Operation).
Traffic Penalty Definitions
Suspension- your license is taken away for a period of time before it is returned to you.
Revocation- your license or privilege to drive is cancelled. To get a new license, you must re-apply to the Department of Motor Vehicles (DMV) once the revocation period is over. A bad driving record or refusing to meet DMV requirements may cause your application to be denied.
Compliance- means turning in your driver license to a court or DMV. While you may not drive once a suspension or revocation is ordered, credit for the suspension or revocation period does not actually begin until you turn in your license. Delay only results in a longer suspension or revocation period.