ยง 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 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.
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.
Structure New York Laws