2006 New York Code - Procedure For Traffic Violations.



 
    § 2408. Procedure for traffic violations. 1. The board of judges shall
  have  power to provide, by resolution, a procedure to govern the payment
  of fines by any person accused of violating any provision  of  any  law,
  ordinance,  rule  or  regulation  relating  to  vehicular  or pedestrian
  traffic, without appearing in  person,  except  in  cases  of  speeding,
  reckless  driving,  leaving  scene  of  an  accident  or any charge of a
  misdemeanor or felony or any charge which  may  for  reasons  of  public
  policy  require  the personal appearance of the accused, for such period
  of time as shall be deemed in the public interest; to fix the fine to be
  paid in each class of case within the minimum and maximum amount set  by
  law,  ordinance,  rule  or  regulation; to designate the place or places
  where such fines may be paid; to prescribe the form of the summonses  to
  be  used  and  the manner in which the plea of guilty shall be made; and
  the manner in which the money shall be paid.
    2. Such procedure may provide that any person  pleading  "guilty",  or
  that  a  person  pleading  "not guilty" and asking that a day be set for
  trial, may do so through a representative or by  mail  and  may  further
  provide that the clerk of the court set such day for trial.
    3.  No  resolution providing such procedure shall be effective until a
  certified copy thereof shall have been  filed  with  the  county  clerk,
  whereupon,  or  upon such subsequent date prescribed in said resolution,
  any traffic violations bureau heretofore established  by  the  board  of
  judges  pursuant  to the general municipal law shall be deemed abolished
  and the powers of such bureau shall devolve upon the board of judges and
  matters pending in such traffic violations bureau shall be  disposed  of
  in accordance with the procedure provided pursuant to this section.
    4.  Whenever any summons is issued involving any provision of any law,
  ordinance, rule or regulation relating to motor vehicle parking and  the
  procedure  for such violation is provided under this section, the member
  of the police force or any other peace officer serving said  summons  in
  lieu  of  inserting  in the summons the name of the person summoned, may
  insert therein, in the space provided for the insertion of the  name  of
  the  person  summoned,  the  words  "Registered  owner  of motor vehicle
  bearing license, " said words to be followed by the license  designation
  or  identification  as shown by the license plates on said motor vehicle
  parked in violation of law, ordinance, rule or regulation as  aforesaid,
  and said summons may be served upon said registered owner by a member of
  the  police force or other peace officer by affixing the summons to said
  motor vehicle in some conspicuous place where it is likely to be seen by
  an operator thereof. An operator of the motor vehicle, for the  purposes
  of  this  section  if  not  the owner thereof, shall be deemed to be the
  agent of such registered owner to receive said  summons  served  in  the
  manner  aforesaid,  and  service  made  in  the manner provided shall be
  deemed to be lawful service upon  the  registered  owner  of  the  motor
  vehicle  to which the summons is affixed. For the purpose of the service
  of the summons as herein provided, the registration records of the motor
  vehicle department of the state in which the motor vehicle is registered
  shall be conclusive evidence as to the registered  owner  of  the  motor
  vehicle.    When  a  summons  is issued and served as authorized in this
  section, the information sworn to may charge the violation in  the  same
  manner and any further proceedings authorized in this section may be had
  and  recorded  in  the  name  of  the "Registered owner of motor vehicle
  bearing license", said words to be followed by the  license  designation
  or identification as shown by the license plates.

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