What's happening
This bill extends the time for mailing a not guilty plea for traffic infractions from forty-eight hours to seven days.
Why it matters
Gives drivers more time to respond. Extending the window from 48 hours to 7 days gives people cited for traffic infractions more time to prepare and mail in a not guilty plea, which can be especially important for those who travel, work irregular hours, or face barriers like mail delays.
Reduces risk of unintentional default convictions. With only 48 hours, drivers might miss the deadline, resulting in an automatic conviction or additional penalties. The longer timeframe reduces the chance of default judgments due to simple oversight or logistical challenges.
Could improve fairness and access to justice. The change helps ensure that people who wish to contest traffic tickets have a realistic opportunity to do so, supporting due process and potentially leading to more equitable outcomes, especially for people with limited resources or mobility.
Potential administrative impacts. Courts and agencies may need to adjust their notification and processing timelines, but could also see reduced administrative burden from fewer complaints and requests for deadline extensions.
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Who cares
Headline styles
Extend Plea Mailing Window
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
4 Multi-sponsors
History
- Referred to transportation
- Held for consideration in transportation
- Referred to transportation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1271
2017-2018 Regular Sessions
IN ASSEMBLY
January 11, 2017
Introduced by M. of A. CROUCH -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to changing the time period for mailing in a not guilty plea to the court
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1806 of the vehicle and traffic law, as amended by section 1 of part C of chapter 55 of the laws of 2012, is amended to read as follows:
§ 1806. Plea of not guilty by a defendant charged with a traffic infraction. In addition to appearing personally 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 or of any local law, ordinance, order, rule or regulation relating to the operation of motor vehicles or motorcycles, a defendant may enter a plea of not guilty by mailing to the court of appropriate jurisdiction the ticket making the charge and a signed statement indicating such plea. 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] seven days after receiving such ticket. Upon receipt of such ticket and statement, the court shall advise the violator, by first class mail, of an appearance at which no testimony shall be taken. If the motorist requests a trial, the court shall set a trial date on a date subsequent to the date of the initial appearance and shall notify the defendant of the date by first class mail but no warrant of arrest for failure to appear can be issued until the violator is notified of a new court appearance date by registered or certified mail, return receipt requested, and fails to appear.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04708-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.