New York Codes, Rules and Regulations
Title 15 - Department of Motor Vehicles
Chapter I - REGULATIONS OF THE COMMISSIONER
Subchapter I - Administrative Adjudication Of Traffic Violations
Part 123 - Pleas And Appearances
Section 123.5 - Personal appearance required
Universal Citation: 15 NY Comp Codes Rules and Regs ยง 123.5
Current through Register Vol. 46, No. 12, March 20, 2024
(a) A motorist may not plead guilty by mail, and must appear before an administrative law judge on or before the date of appearance, if:
(1) considering the
motorist's prior driving record, a conviction on this charge would result in
the motorist being considered a persistent violator in accordance with Part 131
of this Title; or
(2) a conviction
on this charge would result in a mandatory suspension or revocation of his or
her license or driving privileges;
(3) the charge alleges that the motorist was
driving 30 miles per hour or more above the speed limit, or any speeding
offense where the motorist has been previously convicted of a speeding offense
committed within the last six months;
(4) [Reserved]
(5) the charge alleges a violation of section
509 of the Vehicle and Traffic Law, and the
motorist has two prior convictions of such section within the preceding 10
years;
(6) the motorist is the
holder of a class DJ or MJ driver's license;
(7) the motorist is the holder of a license
issued pursuant to section
530 or
1196 of the Vehicle and Traffic
Law;
(8) the motorist's license or
driving privileges were under suspension or revocation at the time the summons
was issued; or
(9) the commissioner
so requires, considering the facts and circumstances surrounding the alleged
violation.
(b) If a motorist pleads guilty in a case in which a personal appearance is required, the procedure to be followed when he or she appears at a hearing office is the same as for a guilty with an explanation plea.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
