Fight a New York Speeding Ticket at the Traffic Violations Bureau

The Traffic Violations Bureau (TVB) handles traffic ticket violations for New York City and Rochester only. The TVB was created to allow the criminal courts to only handle criminal cases, such as driving while intoxicated. You can defend yourself by entering a not guilty plea and then building your case. If you want, you can have witnesses testify on your behalf and you can be represented by an attorney. You should prepare for your TVB hearing by sitting in on a hearing and observing the proceedings.

Steps

Entering Your Not Guilty Plea

1. Plead not guilty online. Gather your TVB ticket and your DMV ID card. If you intend to fight your traffic ticket, then you need to plead not guilty. You can do this online.
   • Don’t delay. You have 15 days to answer the ticket. If you fail to answer in time, then your license will be suspended. Driving with a suspended license is itself a crime, and definitely worse than getting a speeding ticket.
2. Schedule a TVB hearing. Once online, you will have the option to select a hearing date. Appropriate dates will be presented. Make sure that you pick a date that you know you can attend.
   • You will receive a notice of hearing in the mail. Make sure that your address is updated so that you receive the notice.
3. Enter a not guilty plea by mail. You can enter a not guilty plea on the ticket and then send the ticket to Traffic Violations Plea Unit, PO Box 2950—ESP, Albany, NY 12220-0950. Keep a copy of the ticket for your records.
   • Make sure to mail the ticket within 15 days of the violation date. To be safe, you should send it right away.
4. Plead not guilty in person. You also have the option of pleading not guilty in person at any TVB location. You can find the TVB nearest you by visiting https://dmv.ny.gov/tickets/find-tvb-office-locations. Hours of operation are listed.
   • Remember that you can’t plead at a DMV Issuing office, which doesn’t handle this sort of thing.
5. Reschedule your hearing date if necessary. You must meet certain deadlines to reschedule. Generally, you can reschedule once. If you need to reschedule a second time, then you need to show “good cause,” such as an extenuating circumstance beyond your control.
   • You can reschedule in person at a TVB office or by phone at least 24 hours before your hearing date.
   • To reschedule by mail, the appropriate TVB office must receive your letter at least 10 days before the hearing. If you received a ticket in NYC, then send your request to the Albany office.
   • However, if you received your ticket outside New York, then send your postponement request to the office listed on the ticket.

Building Your Defense

1. Meet with an attorney. You can have an attorney represent you at your TVB hearing. In fact, you might benefit from hiring an attorney, especially if you have a lot of points or are worried about your license being suspended.
   • You can obtain a referral to an attorney by contacting your appropriate county bar association. A listing is available here: http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=NY.
   • Hiring a lawyer to handle a speeding ticket can be expensive. Nevertheless, you can still meet with a lawyer for a consultation where you can discuss what will happen if you are convicted and what evidence you should get.
2. Analyze your driving history. You and the lawyer should look at your driving history and analyze how a conviction will impact you. You will accrue points depending on how fast you were going. The following rules apply:
   • {{safesubst:#invoke:convert|convert}} over speed limit - 3 points
   • {{safesubst:#invoke:convert|convert}} over speed limit - 4 points
   • {{safesubst:#invoke:convert|convert}} over speed limit - 6 points
   • if over {{safesubst:#invoke:convert|convert}}, must appear in person - 8 points
   • More than {{safesubst:#invoke:convert|convert}} over speed limit (possible suspension) - 11 points
3. Find helpful evidence. You can present evidence at your hearing to show that you weren’t speeding. Try to find anything that is helpful, which will depend on the circumstances of the stop. Consider the following:
   • If you had someone riding in the car with you, then this person could act as a witness. They could testify that you weren’t speeding or that another car was speeding and the cop stopped the wrong car.
   • You might claim that you couldn’t see the speed limit sign. In that situation, you want to return to the scene and take photographs from a variety of angles. Try to recreate the exact conditions by taking the photographs at the same time of day as when you were stopped.
   • You might also want to challenge the accuracy of the radar used to measure your speed. Unfortunately, in TVB court, you don't have a right to request written information from the police. Nevertheless, you should try to find out how the officer measured your speed (radar or laser).
4. Watch a hearing. TVB hearings are open to the public, so anyone can attend. If you are nervous about representing yourself, then you should go and observe a couple hearings. Sit in the back and take notes.
   • An administrative law judge (ALJ) will act as the judge at the hearing. He or she is usually an experienced attorney who has been trained in traffic law.
   • Listen to how attorneys ask witnesses questions and how they make arguments to the judge.
   • Also pay attention to where people sit and how they speak to each other and to the court personnel.

Attending Your Hearing

1. Dress appropriately. You want to make a good first impression on the judge. Accordingly, you should dress conservatively and neatly. You don’t have to wear a suit. However, your clothes should be washed and pressed. Don’t wear anything too tight.
   • See Dress for a Court Hearing for more information.
2. Make an opening statement. There is no prosecutor in TVB--only you, the cop, the ALJ, and maybe your witnesses. If you want to make an opening statement, then ask the judge. Keep your opening statement brief. Simply hit the high points of what your witnesses will testify to.
3. Question Witnesses when Representing Yourself. The police officer should testify about why you were given the ticket. You or your lawyer can then ask questions to cross-examine the officer. If the judge has questions, then he or she will ask questions as well.
   • The purpose of cross-examination is to undermine the officer’s testimony, which you can do in several ways. For example, you could get the officer to admit that they didn’t have cause for pulling you over. Try to catch the officer in a lie. If they say they stopped you because your taillight was out, then ask why the ticket didn’t mention that fact.
   • You can also challenge the accuracy of the radar used to measure your speed. For example, the radar might not have been tuned properly before use. Or the officer might have actually clocked another car on the road that was passing you.
4. Testify, if you want. You are not required to testify, and the judge will not find you guilty because you refuse. However, you can testify if you think it will help your case. You might want to testify if you don’t have a witness who was riding with you when you were pulled over. In that situation, only you can present your side of the story. Remember the following tips when testifying:
   • Speak loud enough so that everyone can hear you. Also speak slowly. When people get nervous, they sometimes talk quickly.
   • If you don’t understand a question, ask for clarification. Also think before answering any question.
   • Direct your answer to the judge, who will decide the case, and not the lawyer asking you a question.
   • Never guess. Instead, say “I don’t know” or “I can’t remember.”
5. Ask your witnesses questions. If you have witnesses, then you can ask them questions at your hearing. You must remember the following tips so that you can effectively present their testimony:
   • Only have someone testify if they have relevant, first-hand knowledge. Don’t have someone testify if you spoke to them after you got pulled over. They didn’t observe anything that will help the judge reach a decision.
   • Write out a list of questions beforehand, and go over your questions with the witnesses. Don’t tell them what to say. Instead, you want to understand how they will answer on the stand.
   • Don’t ask leading questions. A leading question suggests its own answer. “I wasn’t speeding, right?” is a leading question. Instead, you can ask, “How fast was I driving?” and “How do you know that?”
   • Make sure your witnesses don’t wander. Get the relevant answer from them and move onto your next question.
6. Receive the ALJ’s decision. After the ALJ hears all of the evidence, they will deliver a verdict. You will be found not guilty if the evidence doesn’t show your guilt by clear and convincing evidence. However, if you are found guilty, then the ALJ will deliver a sentence.
   • For example, the ALJ could set a fine.
   • Your license or registration may also be suspended or revoked entirely. This will depend on your overall driving history.
   • If you are found guilty, the ALJ will probably hold the point hearing immediately after your trial if the points in any 18-month period total 11 or more. Points will be added based on the date of the violation, not the date of your guilty verdict.
7. Appeal the decision. You have the option of appealing a guilty verdict. Only appeal if you think the judge made an error about the facts or the law. You must file your appeal within 30 days of your conviction. It costs $10 per conviction to file.
   • You can appeal in person or by mail by completing a Traffic Violations Bureau Appeal form (AA-33). It is available for download here: https://dmv.ny.gov/forms/aa33.pdf. You can also pick it up at your local TVB office. Mail the completed form to DMV Appeals Board, PO Box 2935, Albany, NY 12220-0935.
   • You can also appeal online. Once you file, you will receive a three-digit Appeal Access number. You can use this number to check on the status of the appeal.

Tips

• If you are hearing impaired, then you can request an interpreter when you enter your not guilty plea. If you don’t understand English very well, then you can have someone attend with you.
• Your hearing might have to be rescheduled if the ticketing officer does not show up. An officer can fail to appear up to three times before the case will be dismissed.

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Sources and Citations

See also

• Fight a Red Light Camera Ticket
• Cross a Toll Bridge Without Money
• Avoid a Traffic Ticket
• Fight a Speeding Ticket
• Avoid a Speeding Ticket
• Fight a Parking Ticket
• Get a Warning Instead of a Ticket
• Stop Speeding
• Tell if You're Being Pulled Over by a Legit Police Officer
• Respond to a Pennsylvania Traffic Citation

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• Tell if You're Being Pulled Over by a Legit Police Officer
• Deal With Traffic in New York City
• Beat a DUI Charge in Illinois