ADMINISTRATIVE ADJUDICATION BUREAU OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES - AN EXEMPLARY PROJECT

• NCJ Number: 30389
• Author(s): A HALPER; J MCDONNELL
• Date Published: 1975
• Length: 202 pages
• Contract Number(s): J-LEAA-014-74
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Corporate Author: Abt Associates, Inc
• Sale Source: Superintendent of Documents, GPO; National Institute of Justice/
• Publication Type: Program Description (Model)
• Language: English
• Country: United States of America
• Note: EXEMPLARY PROJECT

Annotation

DISCUSSION OF THE ADJUDICATION PROCESS, ORGANIZATION, OPERATIONS, ACHIEVEMENTS, AND REPLICABILITY OF THIS PROGRAM WHICH TRANSFERS JURISDICTION FOR AND HANDLES ALL NON-CRIMINAL TRAFFIC VIOLATIONS FOR NEW YORK CITY.

Abstract

IN 1969, THE CRIMINAL COURTS OF THE CITY OF NEW YORK WERE HANDLING OVER 800,000 CASES INVOLVING MOVING TRAFFIC INFRACTIONS AND OVER 3,200,000 CASES INVOLVING NON-MOVING INFRACTIONS. AS A RESPONSE TO A RAPIDLY GROWING BACKLOG OF CASES AWAITING ACTION BY THE CRIMINAL COURTS, THE STATE LEGISLATURE PASSED LEGISLATION, EFFECTIVE JULY 1, 1970, TO PERMIT THE TRANSFER OF JURISDICTION FOR NEW YORK CITY'S MOVING TRAFFIC INFRACTIONS FROM THE CRIMINAL COURTS TO THE STATE DEPARTMENT OF MOTOR VEHICLES. COMPANION LEGISLATION INTRODUCED AT THE REQUEST OF THE CITY OF NEW YORK PROVIDED FOR A SIMILAR TRANSFER OF CASES INVOLVING NON-MOVING INFRACTIONS TO A SEPARATE AGENCY, THE PARKING VIOLATIONS BUREAU OF THE CITY'S TRANSPORTATION ADMINISTRATION. THIS MANUAL PROVIDES A DETAILED DESCRIPTION OF THE ADMINISTRATIVE ADJUDICATION BUREAU (AAB) OF NEW YORK STATE'S DEPARTMENT OF MOTOR VEHICLES, AN LEAA EXEMPLARY PROJECT. FOR ALL NON-CRIMINAL TRAFFIC OFFENSES, AN AAB SUMMONS IS PROVIDED WHICH EXPLAINS THE THREE PLEADING OPTIONS OPEN TO THE MOTORIST. IF THE PLEA IS 'GUILTY' OR 'NOT GUILTY,' IT MAY BE MAILED TO THE CENTRAL OFFICE OR MADE IN PERSON AT A LOCAL FIELD OFFICE. IF THE PLEA IS A 'GUILTY WITH AN EXPLANATION' IT MUST BE MADE IN PERSON AT THE FIELD OFFICE. THE PLEAS ARE PROCESSED IN SUCH A WAY THAT ALL PERSISTENT OR DANGEROUS VIOLATORS ARE REQUIRED TO APPEAR IN PERSON. HEARING OFFICERS ARE EXPERIENCED LAWYERS WITH SPECIAL TRAINING IN THE NEW YORK STATE VEHICLE AND TRAFFIC LAW AND DRIVER SAFETY PRINCIPLES. HEARINGS ARE LESS RIGIDLY STRUCTURED THAN COURTROOM TRIALS AND DECISIONS ON THE MERITS OF THE CASE ARE MADE ON THE BASIS OF THE EVIDENCE PRESENTED. SANCTIONS IMPOSED RANGE FROM MONETARY FINES THROUGH ASSIGNMENT TO DRIVER TRAINING SESSIONS TO LICENSE SUSPENSION AND REVOCATION. AAB PROCEEDINGS ARE CIVIL IN NATURE WITH JAIL SENTENCES EXCLUDED AS A SANCTIONING ALTERNATIVE. ALTHOUGH THE CRIMINAL COURT OF NEW YORK CITY RETAINS CONCURRENT JURISDICTION WITH THE AAB, ALMOST ALL CASES ARE ADJUDICATED BY THE LATTER. THIS NEW YORK STATE ADMINISTRATIVE ADJUDICATION PROGRAM HAS ALSO BEEN PUT INTO OPERATION IN BUFFALO AND ROCHESTER, THE SECOND AND THIRD LARGEST COMMUNITIES IN THE STATE. SUPPORTING INFORMATION, SUCH AS THE ENABLING LEGISLATION, AAB REGULATIONS AND FORMS, AND NATIONAL STANDARDS AND GOALS IS PROVIDED IN THE APPENDIX. (AUTHOR ABSTRACT MODIFIED)