N.Y. Vehicle & Traffic Law § 225: Jurisdiction; transfer of cases; hearing officers; regulations

§ 225. Jurisdiction; transfer of cases; hearing officers; regulations.

1. Notwithstanding any inconsistent provision of law, all violations of

this chapter or of a law, ordinance, order, rule or regulation relating

to traffic, except parking, standing, stopping or pedestrian offenses,

which occur within a city having a population of one million or more in

which administrative tribunals have heretofore, been established, and

which are classified as traffic infractions, may be heard and determined

pursuant to the regulations of the commissioner as provided in this

article. Whenever a crime and a traffic infraction arise out of the same

transaction or occurrence, a charge alleging both offenses may be made

returnable before the court having jurisdiction over the crime. Nothing

herein provided shall be construed to prevent a court, having

jurisdiction over a criminal charge relating to traffic or a traffic

infraction, from lawfully entering a judgment of conviction, whether or

not based on a plea of guilty, for any offense classified as a traffic

infraction.

2. Whenever the commissioner or his deputy determines that a charge

alleges an offense other than a traffic infraction, he shall, and where

a charge cannot be disposed of because of the non-appearance of the

motorist, he may notify the court of appropriate jurisdiction and

request removal of the case to such court. Prior notice of such request

need not be given the motorist involved. Upon receipt of such request,

the court may grant an order transferring such case, provided that the

date on which the charge or charges must be answered before the court

shall not be earlier than the return date which appears on the complaint

alleging the offense. Notice of transfer of cases involving other than

traffic infractions shall be mailed to the motorist at the address

appearing on such complaint not less than ten days before the date of

appearance indicated on his summons and not less than fifteen days

before his scheduled appearance in such court. Notice of transfer of

cases which cannot be disposed of because of the non-appearance of the

motorist shall be mailed to the motorist at the address appearing on

such complaint not less than fifteen days before his scheduled

appearance in such court. Such mailing shall constitute due notice of

such transfer. Thereafter, such case shall be treated in the same manner

as if the complaint had initially been filed with such court.

3. The commissioner shall appoint such hearing officers as shall be

necessary to hear and determine cases as provided by this article and

may promulgate such regulations as shall be necessary or desirable to

effect the purposes of this article. Such regulations may provide for a

schedule of monetary penalties to be used where an answer is made, other

than before a hearing officer, admitting a charge, provided that no such

penalty shall exceed the maximum fine established by law for the traffic

infraction involved.