The below are the rules for appealing a guilty conviction at the Nassau County Traffic & Parking Violations Agency (TPVA), located at 16 Cooper Street, Hempstead.
- You must file a Notice of Appeal at the TPVA with 30 days of receipt of the final disposition
- The TPVA will mail the Notice of Appeal to the Appellate Term, 141 Livingston Street, 15th Floor, Brooklyn, NY 11201
- You must order the transcript of the trial (aka “minutes”) of the proceeding from the court reporter who appeared at your trial
- When you receive the transcript (minutes), he or she must present to the TPVA Judicial Hearing Officer to “settle the minutes”.
- When the minutes are settled, the TPVA will send the entire file to the Appellate Term
- The Appellate Term will then notify both parties of the next steps.
The instructions I received from the Nassau County TPVA stated I needed to have an Affidavit of Service completed by the server and sworn before a Notary Public. This has been done, but there are no instructions as to what should be done with the Affidavit afterwards. Is this mailed back to the TPVA? Do I just hold onto it for my own records?
You should file the Affidavit of Service with the court (but keep a copy for your records).
“You must file a Notice of Appeal at the TPVA with 30 days of receipt of the final disposition”
Do I just write up my appeal as I would a motion and send it to the court, as I would a motion to dismiss or is there a specific address or unit at the TVB that I have to send it too? Are there any specific forms or fee’s I have to send at that time??
You complete the Appeals Form and write your grounds for reversal.
The Appeals Form lists the fees and proper mailing address.
Right, but where is the appeals form that I need to send to the TPVA in Hempstead. I THOUGHT I had the correct one that I sent to Albany but I got the letter back yesterday saying they don’t handle hempstead, so I’m guessing it has to go to Brooklyn, but I don’t have the form for that one.. or should I just perhaps use the same form as found on the DMV site and send it to Cooper Street??
I have a form that says that you mail the appeal form to DMV in Albany. Why does it go to Brooklyn and not Albany, and why the HELL is it soo much money?? That’s absolutely ridiculous! The form says it’s $10 per ticket to appeal and then $50 for the transcript!
Police state BS, especially when I originally told the cop I was not driving and my car is not a vehicle but consumer goods, which HAS gotten me three tickets dismissed in the past.
In my opinion, $10 for an appeal is not an excessive amount.
No, the $10 is just fine, but the problem is that the DMV in Albany does NOT hear cases from Nassau as I’m sure you know. I was referring to the $250.
you can actually do an appeal from the tpva for $250
That is correct. You can appeal a conviction and other rulings issued by the TPVA.
I was found guilty of no insurance but I had proof showing I did what do I do
Because you were found guilty, you’re only recourse is to move to reargue or appeal. Hopefully, your time in which to do so has not yet expired.
Hi mathew do you do case appealing??
We can handle a traffic appeal but rarely do (especially when we did not handle the underlying matter). The odds of winning are too low to regularly take on such matters.
My son just lost his case for a 21+ speeding ticket in Brooklyn. He was fined $210 and was assessed 6 points and the $300 for an assessment class. He was not represented by a lawyer. What are your thoughts on an appeal? And what would it cost?
Dave Van Vorst,
It is very difficult to win an appeal (especially when you did not have a traffic lawyer appear at the hearing).
An appeal will cost roughly $250.
Does this procedure include Village Court guilty verdicts for moving violations, specifically Village of Great Neck? The Village of Great Neck clerk office was not informative about the procedure. They only stated that i have the right to appeal the verdict within 30 days when I inquired the following week after the guilty determination.
I recommend that you contact the Appellate Term, 141 Livingston St. 15th Floor, Brooklyn, NY 11201 (347) 401-9580, for the appellate procedures.