As a New York lawyer for 30 + years, I often encounter clients who are unfamiliar with the options available to them when charged with a moving violation. One such option for upstate New York matters is the District Attorney’s Traffic Diversion program, designed to provide an educational alternative to traditional penalties. This program aims to educate motorists about driver safety and the rules of the road, thereby reducing the likelihood of future infractions. By participating in this program, individuals can potentially have their charges reduced or dismissed, avoiding points on their driver’s licenses.
Eligibility Criteria for the Traffic Diversion Program
To be eligible for the Traffic Diversion Program, applicants must meet several criteria:
- Qualifying Offense: The charge must be eligible under the program, excluding specific offenses listed below.
- Single Moving Violation: The individual must not be charged with multiple moving violations.
- No Recent Convictions: The individual should not have any convictions for moving violations under the Vehicle and Traffic Law within the last 18 months or any DWI or vehicular homicide in the last 10 years.
- No Prior Participation: The individual must not have participated in a Traffic Diversion Program in the previous 24 months.
- No Current Supervision: The individual must not be under probation or parole supervision at the time of the offense.
- Driver’s Education Course: The individual must be able to complete a driver’s education course.
It is crucial to adhere to all application requirements, as incomplete applications will not be considered, and applicants will not receive a response. Applicants must provide all requested information and documents, including a clear copy of the traffic ticket(s) and an official driving record from the DMV.
Ineligible Offenses for the Traffic Diversion Program
Certain traffic offenses are not eligible for the Traffic Diversion Program, including but not limited to:
- VTL § 319 (1) – No Insurance
- VTL § 511 – Aggravated Unlicensed
- VTL § 600 (1) – Leaving The Scene Of An Accident Without Reporting
- VTL § 1144 – Failed to Yield Right of Way to Emergency Vehicle
- VTL § 1174 – Illegally Passing A School Bus
- VTL § 1180a – Speed Not Reasonable & Prudent (Accident)
- VTL §1180b – Speeding (20+ mph)
- VTL §1180c – Speeding (20+ mph)
- VTL §1180d – Speeding (20+ mph)
- VTL §1180f – Speeding
- VTL § 1144(a), 1144(b), 1144-a(a), 1144-a(b) and 1144-a(c) – Failure To Yield
- VTL § 1192 – Driving While Intoxicated
- VTL § 1212 -Reckless Driving
Application Process and Considerations
Applicants must upload all necessary documents as a single file and ensure they meet all program requirements. If an applicant does not qualify for the Traffic Diversion Program, his or her application will considered for the Traffic Reduction Program, provided they meet the necessary qualifications. This alternative program, which also aims to reduce the consequences of traffic violations, involves a $20 fee and offers, among other things, the benefit of point reduction rather than dismissal.
It is important for applicants to contact the court to inform them of their intention to apply for a reduction and request a 30-day adjournment of their court date, as the District Attorney’s Office cannot grant adjournments.
CLEAR COPY OF YOUR TRAFFIC TICKET(S) – If you have already returned your ticket(s) to the Court, you must contact the court to request a copy. Please scan the tickets and upload one (1) file.
File Requirements
State Driving Record/History from DMV – Must be Official DMV Record (4safedriver and other third party site records not accepted)
- New York State Licensed Drivers – www.dmv.ny.gov
- Out of State Licensed Drivers – A copy from your state’s DMV
- Quebec Applicants – a copy of your dossier de Conduite a la Société de l’assurance Automobile du Quebec (SAAQ) – www.saaq.gouv.qc.ca
- Other Canadian Applicants – a copy of your driving record from the Ministry of Transportation
File Requirements
Supporting Documentation
Only submit supporting documentation if relative to your individual ticket that you received.
- If you received a NO Inspection ticket, provide proof of your inspection. (Receipt from Inspection Station).
- If you received a NO Insurance Ticket but had insurance at the time, provide proof of such. (A letter from your Insurance Agent stating you had full coverage on the date of the accident. Insurance cards will not be accepted.)
- If you received a NO Registration ticket, provide proof from the DMV of your registration.
It is your responsibility to contact the court to let them know that you are applying for a reduction and request a 30-day adjournment of your court date this Office cannot grant adjournments.
Conclusion
The Traffic Diversion and Reduction Programs offer a beneficial opportunity for eligible individuals to address their traffic violations through education rather than punitive measures. However, these programs have specific eligibility criteria and requirements that must be carefully followed. For those who qualify, these programs can result in reduced or dismissed charges, avoiding the long-term impact of points on their driving records.
For further assistance or questions about eligibility and the application process, please call us at 212-683-7373 or message us at lawyer@nytrafficticket.com
