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Traffic Tickets - Excluding DWI & DWAI

You may be issued a traffic ticket for a Misdemeanor or a Violation. Your failure to appear in Court on the scheduled court date may result in your driver's license being suspended; and the imposition of a $35.00 termination of suspension fee, which must be paid to the suspending Court, before the suspension can be lifted.

Misdemeanor | Guilty | Not Guilty | Supporting Deposition | Non-Jury Trial

Misdemeanor
If the " misdemeanor" box is checked, you must appear in the City Court to be arraigned before a City Court Judge on the return date written on the ticket.

Violation (excluding Rochester City Court)

If the "traffic infraction" box is checked you have the following options:

  • You can plead GUILTY
  • You can plead NOT GUILTY
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Guilty
  • Appear on scheduled court date
    If you appear in person you must be in Court on the scheduled date and time specified on your ticket.
  • Plea by mail
    If you plea by mail you must follow the instructions on the ticket issued to you. Fill out the portion of the ticket which is appropriate for the type of plea that you are entering. Include your current mailing address and sign and date it. You can return your plea by mail or in person. The Court will notify you in writing of the fines and mandatory surcharge assessed.

The current ticket (form UT-3.6) advises you to mail your plea to the Court by registered, certified, or first class mail within 48 hours after the issuance of the ticket. (VTL1806)

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Not Guilty
  • Appear on scheduled court date
    If you appear in person you must be in Court on the scheduled date and time specified on your ticket.
  • Plea by mail
    If you plea by mail you must follow the instructions on the ticket issued to you. Fill out the portion of the ticket which is appropriate for the type of plea that you are entering. Include your current mailing address and sign and date it. You can return your plea by mail or in person.
  • An attorney appears on your behalf
    An attorney files a Notice of Appearance or appears in Court and enters a plea on your behalf.

The current ticket (form UT-3.6) advises you to mail your plea to the Court by registered, certified, or first class mail within 48 hours after the issuance of the ticket. (VTL1806)

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Supporting Deposition
A supporting deposition is not automatically provided to you. If you decide to request a supporting deposition (which is a written statement provided by the law enforcement officer as to the facts involving the issuance of the ticket) you must:

  • You will have the right to cross-examine the prosecutor's/law enforcement officer's witness(es); and if you choose, to present evidence to the Court, which can include testimony from yourself or from others.
  • Request it in writing or during your court appearance.
  • You must request a supporting deposition within 30 days of the arraignment date.

The Court will order the supporting deposition from the law enforcement officer who issued the ticket(s). The law enforcement officer must provide the supporting deposition within 30 days of the date you make the request by mailing it to you directly or filing it with the Court. If filed with the Court, the Court will mail to you.

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Non-Jury Trial
The prosecutor or law enforcement officer must present evidence to the Court.

  • You will have the right to cross-examine the prosecutor's/law enforcement officer's witness(es); and if you choose, to present evidence to the Court, which can include testimony from yourself or from others.
  • If you require a subpoena for witnesses, you can apply for a subpoena at the time you are notified of the trial date.

At the conclusion of the trial, the Judge will render a verdict of guilty, not guilty, or reserve decision.

  • Guilty
    A sentence will be imposed which may include a fine/surcharge or both.
  • Not Guilty
    If the Court finds you not guilty, this will end the case.
  • If the Court reserves decision
    A written decision will be issued by the Judge, a copy of which will be sent to you at the address on file with the Court.
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