TRAFFIC COURT 101

Background to Justice Courts

For the average citizen, traffic court is the first and last exposure to the legal system. Most people have a general knowledge of the court system, either from school or watching television. Nevertheless, a real-life court appearance is bound to be intimidating. If you’ve received a ticket and have an upcoming court date the below can be a general guide to what you will experience.

There are approximately 1,200 justice courts in the State of New York. A “Justice” court is the local courthouse in your village, town or city. There is a hierarchy of courts in New York State, each level tasked with a different responsibility. The justice courts are usually where you will find yourself - they are tasked with the local matters in that municipality, a large part of which is traffic.

Preparing for Court

Before coming to court, you will (or should) have received a notice from the respective court. This will have the address of the building, contact information and the pertinent details of your ticket. Listed will be the specific charge or charges to be answered. Also listed will be the date and time of your appearance.

It is always a good idea to show up early. First, you probably have other things to do. Showing up early usually results in leaving early. Second, there are usually attorneys already crowding the door. In most courts, attorneys will be called first, due to the understanding that these attorneys are scheduled to be in multiple courts at the same time. The court system is aware of this and will call attorney cases first to prevent overall congestion. The best spot to be if you are choosing to represent yourself is right up front behind a crowd of suits.

Depending on the court, there might be multiple matters being heard in one day. A common occurrence is for a local court to have both criminal and traffic in one day. Some courts also have small claims, landlord-tenant and traffic. With each court having its own schedule, showing up early is always the best option to beat possible long wait times.

As you enter the courthouse doors, please be aware that you will be searched in some form. No matter what level court, in whatever part of New York you may be, there will always be a metal detector and a court officer there. Court officers are not there to hassle you. They usually just want to go home as well. Most courts are strict about phones - if the sign says to leave your phone in the car, do not waste your own time by trying to bring it in. Some courts will let you in with phones as long as they’re on silent. If that’s the case, bring the phone in and keep it muted.

You should also be aware that all courts are strict about weapons. At least once a week our attorneys see someone forget pepper spray or spike keychains in their pocket and set off the detector. Just pat your pockets when leaving your car. If you have a metal hip/ knee or other replacement, don’t worry. This is also common and can be cleared up with a quick explanation to the officer.

After you are cleared to go through the building you will probably have to check in. There will either be a sign in sheet, a court officer with a list or a clerk at a window. Whatever the system is for that particular court, just put your name down and remember your number if given.

Court Session

At this point the process depends on the court location. Usually, the cases are conferenced before the calendar is “called”. This is when the town prosecutor or assistant district attorney will review the case with you. If there is the possibility of a reduction, it will be given here. This is your opportunity to present your arguments and any kind of proof you might have. Some courts do not hold conferences this way. There are a few justice courts where the first time you might hear an offer is actually in front of a judge. At this point, you will have a few nerve-wracking seconds to figure out if the reduction is good for you or if you want to go to trial. You should be prepared for both possibilities.

Depending on the outcome of the conference, you might walk away with a reduction or a trial date. There are many instances where a prosecutor might give an offer only for the judge to reject it. At that point you will either have to renegotiate to a different charge or proceed to trial.

Accepted Plea Agreement

If the plea is acceptable to both you and the Judge, a fine will be set. If the plea carries points, then the Judge may advise you as much. If the fine is set, you will be given the opportunity to explain your circumstances and ask for additional time. You will then receive a notice, either in person or in the mail, stating the amount and time frame. Please be aware that failure to pay a fine will result in two possibilities. (1) You will have an open civil judgment in the county. This will impact your credit ranking and remain open until paid. (2). The court will withdraw the guilty plea and consider the ticket unanswered. You will then be suspended for failing to answer the ticket.

Trial

If the plea is not acceptable to either you or the Judge, or if the prosecutor has not offered you a reduction, the case will proceed to trial. Trial will be set for a later date to give both sides an opportunity to prepare. There are possible discovery rights, but these matters are complex and not for this article. At the trial, the burden of proof is on the prosecutor. They will have to prove every element of the charge. For this reason, they will subpoena the officer or trooper who wrote the ticket to come in. On the date of trial, you will have the chance to ask the officer or trooper questions about the stop, and then give a statement summarizing your position.

Conviction after Trial

If you are found guilty at trial you should not take it personally. Prosecutors and law enforcement officials are professionals who do this day in and day out. Their testimony and questions are usually ironclad. Consequences after trial depend on what was proven during the trial. For example, if the prosecution has successfully proven that you drove 41+ mph over the limit, you will get 11 points. If you were offered an earlier reduction at the pre-trial conference but choose to go to trial instead, you will not be getting sentenced to the previous reduction offer.

Do & Don’t

Overall, court is an important but intimidating experience. Compounded by the fact that it will probably be your first time, it is understandable for you to be nervous. In sum, review the below bullets, dress neatly and be respectful.

DO Bring:

• Copy of the ticket/ tickets
• Identification
• Any information relevant to your case

DO NOT bring:

• Weapons
• Food and/or drink

An Attorney Can go to Court Instead of You.

New York State Law allows attorneys to appear in court in the place of the clients for non-criminal traffic matters. The client would have to sign an authorization allowing their attorney to adjudicate their case. Some judges require that the authorization be an original (not a copy) and some judges require that the authorization be signed before a Notary Public. Most recent court decisions have ruled that it is the defendant’s right to have an attorney go to court in their place. This right cannot be abrogated by a judge or a prosecutor. Having an Attorney go to court in your place allows you to avoid the hassle and burden of a court appearance. Furthermore, for various reasons, an attorney can usually get you a better disposition.

Benjamin Goldman Law Office PC

If you have a court appearance in a New York State justice court, there is a very good chance the Benjamin Goldman Law Office has handled a case in that court. If you would like to review your options, you can get in touch with us. We can discuss your charges, the consequences of a conviction, and how we can help. Consultations are free.