The Traffic Diversion Program (“TDP”) allows motorists to take driving classes and, in exchange, receive favorable plea bargains or even dismissals. Many upstate New York counties participate in this program.
An application fee must be paid to participate in the TDP. It recently was increased from $150 to $200 with one exception discussed below. In addition, motorists who are charged with more than one offense at the same time may enter the program, but will have to pay a $200 application fee per ticket.
The cutoff limit for speed for acceptance to the program is 30 mph (previously it was the cutoff was 25 mph. Speeding in a School Zone and Speeding in a Construction Zone are eligible, however, upon completion of the program these tickets will not be dismissed, instead motorists will reduced to Vehicle and Traffic Law Section 1110a, 2 points.
Cell phone and electronic device tickets are now eligible but will have a $400 application fee. Upon completion of the program, a cell phone ticket will not be dismissed, instead the motorist will be allowed to plead guilty to failure to obey a traffic control device ticket, instead of the 5 points that a cell phone or electronic device ticket would carry.
By way of example, if a motorist is charged with a speeding ticket, less than 30, and an equipment violation, their application fee would be $400 ($200 per ticket). If a motorist is charged with a speeding ticket, less than 30, and a cell phone ticket, their application fee would be $600 ($200 for the speed and $400 for the cell phone)
Each year, our law firm defends 100s of clients with upstate New York tickets and we often help them take advantage of this TDP in order to obtain the best results for them under the circumstances. If you have an upstate traffic ticket, feel free to email it to us a [email protected] for a free consultation.