2017 New York Laws
VAT - Vehicle & Traffic
Title 2 - Department of Motor Vehicles; Commissioner
Article 2-A - Adjudication of Traffic Infractions
225 - Jurisdiction; Transfer of Cases; Hearing Officers; Regulations.

 225. Jurisdiction; transfer of cases; hearing officers; regulations.
  * 1.  Notwithstanding  any inconsistent provision of law, all violations
  of this chapter or of  a  law,  ordinance,  order,  rule  or  regulation
  relating  to  traffic,  except parking, standing, stopping or pedestrian
  offenses, which occur within a city having a population of  two  hundred
  thousand  or  more  but  less  than two hundred twenty thousand in which
  administrative tribunals have heretofore been established, or  within  a
  city  having a population of one million or more in which administrative
  tribunals have heretofore, been established, and which are classified as
  traffic infractions,  may  be  heard  and  determined  pursuant  to  the
  regulations  of the commissioner as provided in this article. Whenever a
  crime and a traffic infraction arise out  of  the  same  transaction  or
  occurrence,  a  charge  alleging  both  offenses  may be made returnable
  before the court having jurisdiction  over  the  crime.  Nothing  herein
  provided shall be construed to prevent a court, having jurisdiction over
  a  criminal  charge  relating  to  traffic or a traffic infraction, from
  lawfully entering a judgment of conviction, whether or not  based  on  a
  plea of guilty, for any offense classified as a traffic infraction.
* NB Effective until April 21, 2018
* 1. Notwithstanding any inconsistent provision of law, all violations
  of  this  chapter  or  of  a  law,  ordinance, order, rule or regulation
  relating to traffic, except parking, standing,  stopping  or  pedestrian
  offenses,  which  occur within a city having a population of one million
  or  more  in  which  administrative  tribunals  have  heretofore,   been
  established,  and  which  are  classified as traffic infractions, may be
  heard and determined pursuant to the regulations of the commissioner  as
  provided  in  this  article.  Whenever  a crime and a traffic infraction
  arise out of the same transaction or occurrence, a charge alleging  both
  offenses  may  be  made  returnable before the court having jurisdiction
  over the crime. Nothing herein provided shall be construed to prevent  a
  court, having jurisdiction over a criminal charge relating to traffic or
  a  traffic  infraction, from lawfully entering a judgment of conviction,
  whether or not based on a plea of guilty, for any offense classified  as
  a traffic infraction.
* NB Effective April 21, 2018
2.  Whenever  the  commissioner or his deputy determines that a charge
  alleges an offense other than a traffic infraction, he shall, and  where
  a  charge  cannot  be  disposed  of because of the non-appearance of the
  motorist, he may  notify  the  court  of  appropriate  jurisdiction  and
  request  removal of the case to such court. Prior notice of such request
  need not be given the motorist involved. Upon receipt of  such  request,
  the  court  may grant an order transferring such case, provided that the
  date on which the charge or charges must be answered  before  the  court
  shall not be earlier than the return date which appears on the complaint
  alleging  the  offense. Notice of transfer of cases involving other than
  traffic infractions shall be mailed  to  the  motorist  at  the  address
  appearing  on  such  complaint not less than ten days before the date of
  appearance indicated on his summons  and  not  less  than  fifteen  days
  before  his  scheduled  appearance  in such court. Notice of transfer of
  cases which cannot be disposed of because of the non-appearance  of  the
  motorist  shall  be  mailed  to the motorist at the address appearing on
  such  complaint  not  less  than  fifteen  days  before  his   scheduled
  appearance  in  such  court. Such mailing shall constitute due notice of
  such transfer. Thereafter, such case shall be treated in the same manner
  as if the complaint had initially been filed with such court.
3. The commissioner shall appoint such hearing officers  as  shall  be
  necessary  to  hear  and determine cases as provided by this article and
  may promulgate such regulations as shall be necessary  or  desirable  to

  effect  the purposes of this article. Such regulations may provide for a
  schedule of monetary penalties to be used where an answer is made, other
  than before a hearing officer, admitting a charge, provided that no such
  penalty shall exceed the maximum fine established by law for the traffic
  infraction involved.