N.Y. Comp. Codes R. & Regs. tit. 15 § 123.6

Current through Register Vol. 46, No. 51, December 18, 2024
Section 123.6 - Guilty with an explanation plea

A guilty with an explanation plea may be made by appearing in person, on or before the date of appearance, at any hearing office and giving to the clerk the summons, with the plea form on the back completed, the driver's license and the conviction stub to the clerk, and then appearing before an administrative law judge. The motorist will then be called by the administrative law judge and he may explain why a fine should be waived or reduced in amount. The explanation may not be that he did not commit the violation. After receiving the explanation and accepting the plea, the administrative law judge will review the motorist's record and determine the appropriate penalty. The fine schedule on the summons is not applicable. The administrative law judge may impose a fine and/or suspend or revoke the driver's license or registration or both as permitted by law. The disposition of the case will then be recorded as in the case of the guilty plea. Once the administrative law judge announces the penalty, the plea may not be withdrawn. A motorist may be represented by an attorney or, in the administrative law judge's discretion, any other person designated as the motorist representative.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 123.6