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Assembly Bill A6550

2009-2010 Legislative Session

Relates to a plea of not guilty by a defendant charged with a traffic infraction

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Archive: Last Bill Status - In Assembly Committee

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2009-A6550 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1806, V & T L

2009-A6550 (ACTIVE) - Summary

Relates to a plea of not guilty by a defendant charged with a traffic infraction or any violation of the tax law or transportation law regulating traffic; provides that a plea of not guilty to a traffic infraction may be sent by mail by defendant's attorney if postmarked not later than the return date of the ticket.

2009-A6550 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6550

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2009
                               ___________

Introduced  by  M.  of  A.  SCOZZAFAVA  -- read once and referred to the
  Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  a  plea  of
  not guilty by a defendant charged with a traffic infraction

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1806 of the vehicle and traffic law, as amended  by
chapter 173 of the laws of 1990, is amended to read as follows:
  S 1806. Plea  of  not  guilty  by  a  defendant charged with a traffic
infraction. In addition to appearing personally OR BY ATTORNEY to  enter
a  plea  of not guilty to a violation of any provision of the tax law or
the transportation law regulating traffic, or to  a  traffic  infraction
for  the  violation of any of the provisions of [the vehicle and traffic
law] THIS CHAPTER or of any local law, ordinance, order, rule  or  regu-
lation  relating  to  the operation of motor vehicles or motor cycles, a
defendant may enter a plea of not guilty by  mailing  PERSONALLY  OR  BY
ATTORNEY, to the court of appropriate jurisdiction the ticket making the
charge  and  a signed statement indicating such plea OR AN ATTORNEY MAY,
BY LETTER, ENTER A PLEA OF NOT GUILTY ON BEHALF OF HIS  OR  HER  CLIENT.
Such  plea  must be sent[:  (a)] by registered or certified mail, return
receipt requested or by first class mail[;] and [(b) within  forty-eight
hours after receiving such ticket] MUST BE POSTMARKED NOT LATER THAN THE
APPEARANCE DATE SET FORTH ON THE TICKET, OR IF THE DEFENDANT IS REQUIRED
TO  APPEAR IN COURT LESS THAN SEVEN DAYS AFTER THE ISSUANCE OF THE TICK-
ET, POSTMARKED WITHIN SEVEN DAYS OF RECEIPT OF THE TICKET.  Upon receipt
of such ticket and statement, the court shall advise the violator of the
trial date by first class mail but no warrant of arrest for his  failure
to  appear  can  be issued until the violator is notified of a new trial
date by registered or certified mail, return receipt requested,  and  he
fails to appear.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08519-01-9

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