N.Y. Vehicle & Traffic Law § 226: Summons; answer

§ 226. Summons; answer. 1. Summons. The commissioner shall be

authorized to prescribe by regulation the form for the summons and

complaint to be used for all traffic violations specified in subdivision

one of section two hundred twenty-five of this chapter, and to establish

procedures for proper administrative controls over the disposition

thereof. Such summons may be the same as the uniform summons provided

for in section two hundred seven of this chapter. The chief executive

officer of each local police force which is required to use the summons

and complaint provided for herein shall prepare or cause to be prepared

such records and reports as may be prescribed by the commissioner.

1-a. Return date notifications. The commissioner shall notify any

person who receives a summons and complaint for any traffic violation

specified in subdivision one of section two hundred twenty-five of this

article of the time and place of the return date for such summons, no

later than one week prior to such return date. The commissioner shall

send such notification by first class mail at the address of such person

on file with the department or at the current address provided by the

United States postal service in accordance with section two hundred

fourteen of this title.

2. Answer. (a) General. Any person who receives a summons for a

violation described in subdivision one of section two hundred

twenty-five of this chapter shall answer such summons by personally

appearing on the return date at the time and place specified therein.

Provided, however, that an answer may be made as provided in paragraphs

(b) and (c) of this subdivision and the regulations of the commissioner.

(b) Answer by mail -- admitting charge. If a person charged with the

violation admits to the violation as charged in the summons, he may

complete an appropriate form prescribed by the commissioner and forward

such form and summons, together with the appropriate part of his

license, if required by the commissioner's regulations, to the office of

the department specified on such summons. If a schedule of penalties for

violations has been established, and such schedule appears on the answer

form, a check or money order in the amount of the penalty for the

violation charged if included in such schedule, must also be submitted

with such answer. Unless permitted by the regulations of the

commissioner, such plea may not be made by mail for any offense for

which suspension or revocation of a driver's license is required by law,

or for any other offense if the conviction thereof would result in a

hearing pursuant to a highway safety program established under the

provisions of subdivision three of section five hundred ten of this

chapter.

(c) Answer by mail - denial of charges. If the person charged with the

violation denies part or all of the violation as charged in the summons,

he may complete an appropriate form prescribed by the commissioner for

that purpose and forward such form and summons to the office of the

department specified on such summons. Upon receipt, such answer shall be

entered and a hearing date established by the department. The department

shall notify such person by return mail of the date of such hearing.

3. Failure to answer or appear; entry of order. (a) If the person

charged with the violation shall fail to answer the summons as provided

herein, the commissioner may suspend such person's license or driving

privilege or, if the charge involves a violation of section three

hundred eighty-five, section four hundred one or section five hundred

eleven-a of this chapter by a registrant who was not the operator of the

vehicle, the registration of such vehicle or the privilege of operation

of any motor vehicle owned by such registrant may be suspended, until

such person shall answer as provided in subdivision two of this section,

or has paid or has entered into an installment payment plan to pay the

fine associated with a conviction entered as a result of the failure to

appear in response to such summons, or the defendant has been acquitted

of the charge that led to the suspension or such charge was otherwise

dismissed. If a person shall fail to appear at a hearing, when such is

provided for pursuant to this section, such person's license, or

registration or privilege of operating or of operation, as appropriate,

may be suspended pending appearance at a subsequent hearing, or the

disposition of the charges involved. Any suspension permitted by this

subdivision, if already in effect, may be terminated or if not yet in

effect, may be withdrawn or withheld, prior to the disposition of the

charges involved if such person shall appear and post security in the

amount of forty dollars to guarantee his or her appearance at any

required hearing. The security posted pursuant to this subdivision shall

be returned upon appearance at the scheduled hearing or an adjourned

hearing which results in a final disposition of the charge, and

otherwise shall be forfeited. If a suspension has been imposed pursuant

to this subdivision and the case is subsequently transferred pursuant to

subdivision two of section two hundred twenty-five of this article, such

suspension shall remain in effect until the person answers the charges

in the court to which the case was transferred. Any suspension issued

pursuant to this paragraph shall be subject to the provisions of

paragraph (j-1) of subdivision two of section five hundred three of this

chapter.

(b) Failure to answer or appear in accordance with the requirements of

this section and any regulations promulgated hereunder shall be deemed

an admission to the violation as charged, and an appropriate order may

be entered in the department's records, and a fine consistent with the

provisions of this chapter and regulations of the commissioner may be

imposed by the commissioner or person designated by the commissioner.

Prior to entry of an order and imposition of a fine, the commissioner

shall notify such person by mail at the address of such person on file

with the department or at the current address provided by the United

States postal service in accordance with section two hundred fourteen of

this title: (i) of the violation charged; (ii) of the impending entry of

such order and fine; (iii) that such order and fine may be filed as a

judgment with the county clerk of the county in which the operator or

registrant is located; and (iv) that entry of such order and imposition

of such fine may be avoided by entering a plea or making an appearance

within thirty days of the sending of such notice. In no case shall such

an order and fine be entered and imposed more than two years after the

date of the alleged violation. Upon application in such manner and form

as the commissioner shall prescribe an order and fine shall be vacated

upon the ground of excusable default.