NewsJanuary 27, 20240 comments

Failure to Appear In NY Traffic Court – VTL 226(3)

If you’ve ever had to deal with traffic court in New York, you know it’s not exactly a walk in the park. Things can get even more tangled if you miss your court date. That’s where understanding Vehicle and Traffic Law (VTL) 226(3) comes into play. This law kicks in when someone doesn’t show up for their traffic court appointment. So, what does this mean for you if you find yourself in this situation? Let’s look at what you need to know and the steps you can take.

What Does VTL 226(3) Entail?

Under New York’s Vehicle and Traffic Law (VTL) 226, significant details are laid out for those who face traffic violations and for what happens if they fail to appear in court or respond to a summons.

Summons and Complaint Process

VTL 226 authorizes the commissioner to establish the form and procedures for summons and complaints related to traffic violations (VTL 226[1]). This framework is essential as it standardizes how traffic violations are reported and processed.

Responding to a Summons

If you receive a summons for a traffic violation, VTL 226 outlines how you can respond:

Personal Appearance: Generally, you must appear in person on the return date at the specified time and place (VTL 226[2][a]).
Answer by Mail – Admitting the Charge: If you admit the violation, you can respond by mail using a form provided by the commissioner. This submission includes the form, summons, and if required, a part of your license. Additionally, you must include a check or money order for the penalty amount if it’s stated on the form (VTL 226[2][b]).
Answer by Mail – Denial of Charges: You can also respond by mail if you deny the charges. You’ll need to complete a form for this purpose and send it with the summons to the specified department office. The department will then enter your response and set a hearing date, notifying you by mail (VTL 226[2][c]).

Failure to Respond or Appear

The statute gets particularly strict when it comes to failing to respond to a summons or appear in court:

License Suspension: The commissioner may suspend your license or driving privileges if you don’t respond to the summons. In cases involving certain types of violations, the registration of your vehicle can also be suspended (VTL 226[3][a]).
Pending Suspension: If you fail to appear at a hearing, your license or registration may be suspended pending a subsequent hearing or disposition of the charges (VTL 226[3][a]).
Security Post and Suspension Termination: You can terminate an existing suspension or prevent an impending one by appearing and posting a $40 security to guarantee your appearance at any required hearing. This security is refundable upon your appearance at the hearing (VTL 226[3][a]).
Deemed Admission and Fines: Failure to respond or appear as required may be considered an admission to the violation charged. The commissioner can then enter an appropriate order and impose a fine, which may be filed as a judgment. However, you can avoid this by entering a plea or making an appearance within 30 days of receiving notice (VTL 226[3][b]).

Why Does This Matter?

The ability to drive impacts numerous aspects of your everyday routine.

Consider how important driving is to your professional life. For many, commuting to work requires driving. A suspended license can have immediate and severe implications for your income and career.

This situation can escalate into difficulty in meeting financial obligations, such as rent, mortgage, or other essential bills.

Beyond professional life, think about your personal and family responsibilities. Daily tasks, like grocery shopping, attending medical appointments, or ferrying children to school and extracurricular activities, often require a car. A suspension can disrupt these routines, posing significant challenges to managing family responsibilities and maintaining personal relationships.

Also, public transportation may not always be a viable alternative, especially in areas where it’s limited or non-existent. This lack of accessibility can further compound the difficulties in managing both professional and personal commitments.

You should also never underestimate the emotional and psychological impact of losing your driving privileges. The loss of independence and the added stress of figuring out alternative means of transportation can take a toll on your mental well-being.

This is why it’s so important to handle traffic tickets and related court appearances with the utmost responsibility. The consequences of a driving license suspension reach far beyond the inability to operate a vehicle; they ripple out, affecting many facets of your life.

What Should You Do If You Miss Your Court Date?

Act Quickly: Time is of the essence. The sooner you respond to the situation, the better your chances of resolving it favorably.
Check Your Status: Verify if your license has been suspended. You can do this through the New York DMV website or by contacting the court.
Understand Your Options: You may have different options depending on your situation. This can include rescheduling your court appearance or paying a fine.
Seek Legal Advice: This is where the guidance of a knowledgeable professional can be valuable.

How Can a Lawyer Help?

A lawyer experienced in traffic law can deal with traffic court and the nuances of VTL 226(3). They can:

Provide Counsel: They know the law and can explain your rights and options.
Negotiate on Your Behalf: An attorney can negotiate a better outcome with the court.
Handle Paperwork and Deadlines: They can ensure all necessary paperwork is filed correctly and on time.

Take the Next Step

Ronen Cohen, Esq., Attorney for Traffic Ticket in NY — Ronen Cohen, Esq., New York State Traffic Ticket Lawyer

If you’ve missed your traffic court date and are unsure what to do next, seeking legal advice is wise. A lawyer can assess your situation, guide you through your options, and work towards resolving the issue to minimize the impact on your life. Remember, the sooner you address the situation, the better your chances of a favorable outcome.

Don’t let a missed traffic court appearance complicate your life. Contact a New York State traffic ticket lawyer today to discuss your case and find out how they can help you. Your peace of mind and driving privileges are too important to leave to chance.