Getting any type of traffic ticket in New York is burdensome — especially if you were pulled over in New York City, where points and fees are tacked on and and you have fewer protections at the Traffic Violations Bureau (TVB) than at a regular traffic court. While the TVB handles most of the traffic tickets issued in New York City, a fair amount are returnable at the New York’s Office of Administrative Trials and Hearings (“OATH”).
The OATH agency is part of NYC’s largest administrative court that conducts hearings on violations and summonses issued by City agencies for “quality of life” infractions (those infractions involving the failure to protect health, safety, and the environment).
Below is an overview of what happens if you get a failure to yield ticket and are summoned to attend an OATH hearing.
Did you receive a Failure to Yield OATH ticket in New York City? We have extensive experience fighting thousands of traffic tickets in New York City and throughout New York state; and we have a skilled team of lawyers who are ready to give you free advice on your available options. Call us at 212-683-7373, or fill out our online form today!
What is Failure to Yield?
In New York City, failure to yield laws apply when, among other things, a motorist does not come to a full stop when a pedestrian or cyclist has the right of way. This is established in New York’s Vehicle and Traffic Laws (VTL), New York City Traffic Rules & Regulations, and New York City Administrative Code. The only exception to this responsibility is when you are otherwise directed by a police officer to continue driving.
This law applies in any of the following scenarios:
- When there is a stop sign
- When there is a crosswalk
- When there is a clearly marked stop line
- When there is a yield sign
By the same token, if there is already another vehicle stopped in front of you by the time you arrive at an intersection, you are not permitted to pass the stopped car.
Consequences for Failing to Yield
Section 19-190 of New York City’s Administrative Code makes it an administrative code violation for a driver to fail to yield the right of way to a pedestrian or cyclist. However, if the failure to yield results in injury or death, then it becomes a misdemeanor — which is a crime. This type of infraction is one of the most enforced ones in all five boroughs. There are no points for NYC Administrative Code violations, only for NYS and NYC traffic violations.
The fine for failing to yield when there is no injury or death is up to $50 and/or 15 days of jail time. In addition to the fine, you can also face an additional civil penalty of up to $100.
In the event of injury, there is an initial fine of up to $250 and/or 30 days in jail. In addition to the fine, you could face a civil penalty of up to an extra $250.
It is also important to note that pedestrians also have a responsibility to exercise due care, such as using any available overpasses or pedestrian tunnels. They are also not allowed to suddenly dart from the curb onto the roadways, not giving drivers enough time to stop.
If there is a lawsuit, a conviction to this charge to an OATH violation can be used against you in a related civil lawsuit. If the pedestrian or cyclist is hurt or injured, then the charge is elevated to a misdemeanor which, if convicted, would give the accused a criminal record.
What is an OATH Ticket?
OATH s is an independent court that hears cases regarding tickets issued by the following NYC enforcement agencies:
- New York Police Department
- Department of Transportation
- Department of Parks and Recreation
- Port Authority
- Mayor’s Office of Special Enforcement
And several non-traffic related city government agencies. This is not to be confused with NYC’s TVB, where you go to fight traffic and parking tickets.
Consequences of an OATH Ticket
On your summons, you will find a date and time for a hearing date. You are required to answer the summons by the hearing date. If you fail to respond to an OATH summons, a default judgment will be entered against you — and you may face even higher penalties.
In some instances, the enforcement agency that issued your ticket may send you a settlement offer. If you accept it and send payment by the deadline, you will be deemed as admitting to the charges, and you will not have to show up to the scheduled hearing.
Getting Ready for an OATH Hearing
If you do not accept the offer, you will have to attend the hearing. You can do so in person, virtually, or attend the hearing over the phone. However, due to the COVID-19 pandemic, OATH is strongly encouraging remote hearings.
If you choose to move forward with a hearing, you will have to submit your defense on or before your hearing date. Examples of anything that may help your defense include:
- Photographs
- Surveillance video footage
- Dashcam footage
- Witness testimony
Requesting an In-Person Hearing
Each borough has an OATH office. See below. If you want to attend a hearing in person, you will have to request it in advance — no later than three business days before the hearing date.
To request an in-person hearing, you will have to email livehearings@oath.nyc.gov. If OATH determines that the hearing can be held in-person without an undue burden to the people involved and everyone can ensure public health protections, they will approve the request.
Requesting a Phone Hearing
You are also required to contact OATH to set up your phone hearing. You can do so by filling out an online form, and you can opt in to receive text message reminders regarding your case by texting OATHReminder to 917-451-8829.
Even if you are appearing by phone, all parties are expected to conduct themselves the same way they would be at a courtroom, so make sure you can set aside plenty of time to focus on the hearing; as well as to find a quiet location to participate in the call.
Requesting an Online Hearing
If you request a virtual hearing, it will be held telephonically. You will have to submit your evidence in advance and secure a reliable phone connection, and avoid distractions. An OATH employee will be available to provide assistance with the platform.
How a New York Traffic Attorney Can Help
Since 1991, Weiss & Associates, PC have made fighting your traffic ticket as easy as possible. You do not have to appear in court, for instance We offer an initial free consultation, flat fees, and experienced traffic lawyers who will vigorously defend you.
We have extensive experience fighting thousands of traffic tickets in New York City and throughout New York state; and we have a skilled team of lawyers who are ready to give you free advice on your available options. Call us at 212-683-7373, or fill out our online form today!
OATH Hearing Locations
OATH has Hearing Division locations in all boroughs.
Manhattan
66 John Street
10th and 11th Floors
New York, NY 10038
Phone: 844-OATH-NYC (844-628-4692)
Fax: 212-361-1900
Hours: Monday to Friday from 8:00 am until 5:00 pm
Brooklyn
9 Bond Street
6th and 7th Floors
Brooklyn, NY 11201
Phone: 844-OATH-NYC (844-628-4692)
Fax: 718-875-5561
Hours: Monday to Friday from 8:00 am until 5:00 pm
Bronx
260 E. 161 Street, 6th Floor
Bronx, NY 10451
Phone: 844-OATH-NYC (844-628-4692)
Fax: 718-993-3077
Hours: Monday to Friday from 8:00 am until 5:00 pm
Queens
31-00 47 Avenue
3rd and 4th Floor
Long Island City, NY 11101
Phone: 844-OATH-NYC (844-628-4692) on hearing days
Hours: Monday to Friday from 8:00 am until 5:00 pm
Staten Island
350 St. Marks Place
Main Floor
Staten Island, NY 10301
Phone: 844-OATH-NYC (844-628-4692) on hearing days
Fax: 718-815-8391
Hours: Monday to Friday from 8:00 am until 5:00 pm