What's happening
This bill requires holders of class DJ or MJ learner's permits or licenses to personally appear in court for certain traffic violations and limits their plea bargaining options.
Why it matters
Requires young drivers (holders of DJ or MJ permits/licenses) to appear in person in court for traffic violations. , removing the option to plead guilty by mail or have an attorney appear in their place—this means direct accountability and personal involvement in the legal process for new drivers.
Restricts plea bargaining options for serious traffic offenses committed by these young drivers. , ensuring that they cannot simply plead down to lesser charges unless the district attorney finds the original charge unwarranted and the court documents the reasons. This is intended to deter risky driving by making it harder to avoid the consequences of serious violations.
Defines “serious traffic violations” specifically—covering speeding (10+ mph over limit), reckless driving, failure to stop for school buses, and certain child safety seat and seatbelt violations—so the law precisely targets the types of behavior most likely to endanger young drivers and others on the road.
May impact insurance rates, future license status, and legal records for young drivers, since personal court appearances and limited plea options could lead to more convictions for serious offenses, potentially increasing penalties and consequences.
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Who cares
Class DJ and MJ permit and license holders
The bill would require personal court appearances for covered traffic cases and restrict plea bargains for specified serious traffic violations.
Local criminal courts
Courts would have to require covered drivers to enter pleas personally and put their reasons on the record when allowing an alternative plea under the bill’s exception.
District attorneys
Prosecutors could consent to a plea to another charge in a covered serious traffic case if their review of the available evidence shows the original charge is not warranted.
Traffic defense attorneys
Lawyers could no longer appear instead of covered DJ and MJ drivers in specified motor vehicle cases, and plea deals for serious traffic violations would generally have to retain at least one original charge.
Headline styles
No Mail Pleas for Teen Drivers
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to transportation
- Referred to transportation
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4039
2017-2018 Regular Sessions
IN SENATE
February 2, 2017
Introduced by Sen. TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law and the criminal procedure law, in relation to plea bargaining options and personal court appearances for certain driver's license holders
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1805 of the vehicle and traffic law, as amended by chapter 182 of the laws of 2004, is amended to read as follows:
§ 1805. Plea of guilty, how put in. [The] Except in any case in which the defendant is a holder of a class DJ or class MJ learner's permit or class DJ or class MJ driver's license pursuant to section five hundred two of this chapter, 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 or she 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 or she 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06417-01-7
S. 4039 2
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 or her 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 or she 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. The holder of a class DJ or class MJ learner's permit, a class DJ or class MJ driver's license or a limited class DJ or class MJ license may not waive the provisions of section 170.10 of the criminal procedure law or section eighteen hundred seven of this article and such defendant shall be required to personally enter a plea in court.
§ 2. Paragraph (b) of subdivision 1 of section 170.10 of the criminal procedure law, as amended by chapter 661 of the laws of 1972, is amended to read as follows:
(b) In any case in which the defendant's appearance is required by a summons or an appearance ticket, the court in its discretion may, for good cause shown, permit the defendant to appear by counsel instead of in person, except in any case in which the defendant is a holder of a class DJ or class MJ learner's permit, a class DJ or class MJ driver's license issued pursuant to section five hundred two of the vehicle and traffic law, where such defendant has been charged with a violation of the vehicle and traffic law, or other law or ordinance relating to the operation of motor vehicles or motorcycles.
§ 3. Section 170.10 of the criminal procedure law is amended by adding a new subdivision 11 to read as follows:
11. (a) Notwithstanding any other provision of law to the contrary, in any case wherein a charge laid before a court on a simplified traffic information charges any holder of a class DJ or class MJ learner's permit, a class DJ or class MJ driver's license issued pursuant to section five hundred two of the vehicle and traffic law with a serious traffic violation as defined in paragraph (b) of this subdivision, any plea of guilty thereafter entered in satisfaction of such charge must include at least a plea of guilty to one of the charges that such holder was originally charged with and no other disposition by plea of guilty to any other charge in satisfaction of such charge shall be authorized, provided, however, if the district attorney upon reviewing the available evidence determines that the charge of such violation is not warranted, such district attorney may consent, and the court may allow a disposition by plea of guilty to another charge in satisfaction of such charge; provided, however, in all such cases, the court shall set forth upon the record the basis for such disposition.
(b) For purposes of this subdivision, the term "serious traffic violation" shall mean operating a motor vehicle in violation of any of the following provisions of the vehicle and traffic law: articles twenty-five and twenty-six; subdivision one of section six hundred; section six hundred one; sections eleven hundred eleven, eleven hundred seventy,
S. 4039 3
eleven hundred seventy-two and eleven hundred seventy-four; subdivisions (a), (b), (c), (d) and (f) of section eleven hundred eighty, provided that the violation involved ten or more miles per hour over the established limit; section eleven hundred eighty-two; subdivision three of section twelve hundred twenty-nine-c for violations involving use of safety belts or seats by a child under the age of sixteen; and section twelve hundred twelve.
§ 4. This act shall take effect on the ninetieth day after it shall have become a law and shall apply to violations occurring on and after such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law and the criminal procedure law, in relation to plea bargaining options and personal court appearances for certain driver's license holders
Purpose
The purpose of this bill is to reduce automobile crashes and fatalities involving inexperienced drivers by requiring these drivers to more personally confront the consequences of their actions involving traffic violations. It does so by 1) restricting plea-bargaining by inexperienced drivers charged with traffic violations and 2) requiring inexperienced drivers so charged to personally appear in court.
Summary of provisions
Bill sections one and two amend sec. 1805 of the Vehicle and Traffic Law and sec. 170.10 of the Criminal Procedure Law to exclude inexperienced drivers (those with class DJ and MJ permits and licenses)from current provisions of law which permit persons charged with traffic violations to plead guilty by mail, or to appear solely by counsel. The new provisions effectively require such drivers so charged to personally appear in court. Bill section three amends sec. 170.10 of the Criminal Procedure Law to restrict plea bargaining when an inexperienced driver is charged with any, of enumerated "serious traffic violations. "The charge may be reduced only upon consent of the District Attorney and with the court setting forth on the record the basis for such a disposition. Bill section four sets the effective date.
Read the full memo (615 words)
Existing law
Current law (sec. 1805, Vehicle and Traffic Law) permits motorists charged with traffic infractions to waive personal appearance in court, and to enter a guilty plea by mail. Current law generally places no limitations on plea bargaining for traffic infractions. Effective September 1, 2003, a class DJ or MJ license or permit holder convicted of a "serious traffic violation" will receive an automatic 60-day suspension (sec. 510-c, Vehicle & Traffic Law as added by 0.644, L.2002), but there are no limitations on plea bargaining below the "serious traffic violation" threshold.
Justification
This proposal was prompted by a tragedy which took place in Schenectady County in the spring of 2002. An inexperienced 17-year-old driver was arrested for speeding 83 mph in a 40 mph zone. Under the law at that time, a conviction (for speeding more than 40 mph over the limit) would have resulted in 11 points and license suspension. The charge, however, was plea-bargained down to speeding 53 mph, resulting in only four points and a fine. A few weeks later, the same driver was speeding an estimated 60-80 mph on a similar country road, lost control of his car, and he and a 16-year-old friend were killed.
Recognizing he over-representation of inexperienced drivers in accident and fatality statistics, the Legislature has acted to emphasize vehicle safety among these drivers. The Graduated Drivers License Law(C.644,L.2002), for example, will provide for a 60-day license suspension for inexperienced drivers convicted of defined "serious traffic violations." There is nothing in that law, however, to prevent plea bargaining below that threshold, effectively negating the impact of the potential suspension. In addition to increased penalties for violations, the Legislature has sought to improve the education of inexperienced drivers by requiring additional supervised time behind the wheel and promoting best practices, such as safety belt usage. This proposal would require inexperienced drivers charged with traffic violations to personally appear in court, enhancing their understanding of the legal system as it applies to traffic matters and reinforcing their sense that their actions with driving may have specific consequences.
Legislative history
New Bill
Fiscal implications
None
Local fiscal implications
None
Effective date
Ninetieth day after it shall have become a law, and applicable to violations occurring on or after such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.