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This entry was published on 2014-09-22
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Plea of guilty, how put in
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 9, ARTICLE 45
§ 1805. Plea of guilty, how put in. The provisions of section 170.10
of the criminal procedure law and the provisions of section eighteen
hundred seven of this article may be waived, to the extent hereinafter
indicated, by a defendant charged with a violation of any provision of
the tax law or the transportation law regulating traffic, or a traffic
infraction, as defined in this chapter, other than a third or subsequent
speeding violation committed within a period of eighteen months,
provided that he shall submit to the local criminal court having
jurisdiction, in person, by duly authorized agent, by first class mail
or by registered or certified mail, return receipt requested, an
application setting forth (a) the nature of the charge, (b) the
information or instructions required by section eighteen hundred seven
of this article to be given defendant upon arraignment, (c) that
defendant waives arraignment in open court and the aid of counsel, (d)
that he pleads guilty to the offense as charged, (e) that defendant
elects and requests that the charge be disposed of and the fine or
penalty fixed by the court, pursuant to this section, (f) any statement
or explanation that the defendant may desire to make concerning the
offense charged and (g) that defendant makes all statements with respect
to such application under penalty of perjury. This application shall be
in such form as the commissioner shall prescribe and a copy thereof
shall be handed to the defendant by the officer charging him with such
offense. Thereupon the local criminal court may proceed as though the
defendant had been convicted upon a plea of guilty in open court,
provided, however, that any imposition of fine or penalty hereunder
shall be deemed tentative until such fine or penalty shall have been
paid and discharged in full, prior to which time such court, in its
discretion, may annul any proceedings hereunder, including such
tentative imposition of fine or penalty, and deny the application, in
which event the charge shall be disposed of pursuant to the applicable
provisions of law, as though no proceedings had been had under this
section. If upon receipt of the aforesaid application such court shall
deny the same, it shall thereupon inform the defendant of this fact, and
that he is required to appear before the said court at a stated time and
place to answer the charge which shall thereafter be disposed of
pursuant to the applicable provisions of law.