N.Y. Uniform District Court Act § 2411: Procedure for traffic violations

§ 2411. Procedure for traffic violations. 1. The board of judges shall

have power to provide, by resolution, a procedure to govern the payment

of fines by any person accused of violating any provision of any law,

ordinance, rule or regulation relating to vehicular or pedestrian

traffic, without appearing in person, except in cases of speeding,

reckless driving, leaving scene of an accident or any charge of a

misdemeanor or felony or any charge which may for reasons of public

policy require the personal appearance of the accused, for such period

of time as shall be deemed in the public interest; to fix the fine to be

paid in each class of case within the minimum and maximum amount set by

law, ordinance, rule or regulation; to designate the place or places

where such fines may be paid; to prescribe the form of the summonses to

be used and the manner in which the plea of guilty shall be made; and

the manner in which the money shall be paid.

2. Such procedure may provide that any person pleading "guilty", or

that a person pleading "not guilty" and asking that a day be set for

trial, may do so through a representative or by mail and may further

provide that the clerk of the court set such day for trial.

3. No resolution providing such procedure shall be effective until a

certified copy thereof shall have been filed with the county clerk.

4. Whenever any summons is issued involving any provision of any law,

ordinance, rule or regulation relating to motor vehicle parking and the

procedure for such violation is provided under this section, the member

of the police force or the peace officer, acting pursuant to his special

duties, serving said summons in lieu of inserting in the summons the

name of the person summoned, may insert therein, in the space provided

for the insertion of the name of the person summoned, the words

"Registered owner of motor vehicle bearing license", said words to be

followed by the license designation or identification as shown by the

license plates on said motor vehicle parked in violation of law,

ordinance, rule or regulation as aforesaid, and said summons may be

served upon said registered owner by a member of the police force or by

a peace officer, acting pursuant to his special duties, by affixing the

summons to said motor vehicle in some conspicuous place where it is

likely to be seen by an operator thereof. An operator of the motor

vehicle, for the purposes of this section if not the owner thereof,

shall be deemed to be the agent of such registered owner to receive said

summons served in the manner aforesaid, and service made in the manner

provided shall be deemed to be lawful service upon the registered owner

of the motor vehicle to which the summons is affixed. For the purpose of

the service of the summons as herein provided, the registration records

of the motor vehicle department of the state in which the motor vehicle

is registered shall be conclusive evidence as to the registered owner of

the motor vehicle. When a summons is issued and served as authorized in

this section, the information sworn to may charge the violation in the

same manner and any further proceedings authorized in this section may

be had and recorded in the name of the "Registered owner of motor

vehicle bearing license", said words to be followed by the license

designation or identification as shown by the license plates.