New York Laws
Article 1 - Words and Phrases Defined.
155 - Traffic Infraction.

§ 155. Traffic infraction. The violation of any provision of this
chapter, except articles forty-seven and forty-eight, or of any law,
ordinance, order, rule or regulation regulating traffic which is not
declared by this chapter or other law of this state to be a misdemeanor
or a felony. A traffic infraction is not a crime and the punishment
imposed therefor shall not be deemed for any purpose a penal or criminal
punishment and shall not affect or impair the credibility as a witness
or otherwise of any person convicted thereof. This definition shall be
retroactive and shall apply to all acts and violations heretofore
committed where such acts and violations would, if committed subsequent
to the taking effect of this section, be included within the meaning of
the term "traffic infraction" as herein defined. Except in those
portions of Suffolk county for which a district court has been
established, outside of cities having a population in excess of one
million in which administrative tribunals have heretofore been
established, courts and judicial officers heretofore having jurisdiction
over such violations shall continue to do so and for such purpose such
violations shall be deemed misdemeanors and all provisions of law
relating to misdemeanors except as provided in section eighteen hundred
five of this chapter and except as herein otherwise expressly provided
shall apply except that no jury trial shall be allowed for traffic
infractions. In those portions of Suffolk county for which a district
court has been established and in cities having a population in excess
of one million in which administrative tribunals have heretofore been
established, the criminal courts of such cities or portions of Suffolk
county in which a district court has been established shall have
jurisdiction to hear and determine any complaint alleging a violation
constituting a traffic infraction, except that administrative tribunals
heretofore established in such cities or portions of Suffolk county in
which a district court has been established shall have jurisdiction to
hear and determine any charge of an offense which is a traffic
infraction, except parking, standing or stopping. In cities having a
population in excess of two hundred thousand in which administrative
tribunals have heretofore been established, and any such administrative
tribunal established by the city of Yonkers, the city of Peekskill, or
the city of Syracuse, such tribunals shall have jurisdiction to hear and
determine any charge of an offense which is a parking, standing or
stopping violation. Any fine imposed by an administrative tribunal shall
be a civil penalty. For purposes of arrest without a warrant, pursuant
to article one hundred forty of the criminal procedure law, a traffic
infraction shall be deemed an offense.

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