When you have been issued a traffic ticket, you have the option of pleading guilty and paying a fine, or pleading not guilty and appearing at a hearing. At the hearing in the Traffic Violations Bureau (TVB), the Administrative Law Judge (ALJ) decides whether or not you have, in fact, violated New York’s traffic laws. This begs the question of what happens if you lose at the hearing?
Filing an Appeal
If you still believe that the ALJ issued the wrong decision, your only option is to file an appeal. Appeals must be filed within 30 days of your conviction. When you appeal the decision, you may not introduce any new information. Rather, you can only argue what was already argued during the initial hearing except for any constitutional arguments or arguments pertaining to the completeness of the transcript from the last hearing.
Traffic court is unlike criminal court, in that if you appeal a traffic conviction it is not done in the presence of a judge. It is the Appeals Board that decides whether the Department of Motor Vehicles (DMV) can keep your fine money or whether the ALJ’s conviction is to be overturned. The latter is very rare. In very rare cases an error on the transcript could warrant a decision being overturned.
The Appeals Process
Should you choose to appeal the initial decision, you will file an appeal online and must pay an appeal fee as well as a fee for the transcript. After the transcript arrives, you can issue a written argument in support of your appeal.
The Appeals Board, located in Albany, will review this written argument as well as the evidence that was already presented to the judge. Should the Appeals Board rule in favor of the appellant, the charge is dismissed or modified. Much less often, the case will go back to trial once more.
If you have received a traffic ticket and been found guilty in traffic court, one of the most important things that you can do prior to appealing the decision is to find the right attorney. Appeals are notoriously difficult to win and are more likely to be successful when you have a lawyer from the beginning of your initial trial through your appeal. This allows the attorney the opportunity to understand more details and provide them with a better understanding of what has transpired so that they can have the best chance of determining whether an appeal could be won, and if so, what grounds upon which it can be won.
AutoTrafficTickets.com Helps Those in New York Who Have Been Issued a Traffic Ticket
If you have received a traffic ticket in New York, it can have very serious consequences on your life and your livelihood. That’s why it’s in your best interest to consult with a knowledgeable and experienced New York traffic ticket attorney. A knowledgeable and experienced traffic ticket attorney understands the pertinent laws and can help you to establish the best argument. AutoTrafficTickets.com can help. To learn more or to schedule a consultation, contact us today!
Posted in: Traffic Tickets