N.Y. Comp. Codes R. & Regs. tit. 15 § 123.7
Current through Register Vol. 46, No. 45, November 2, 2024
Section 123.7 - Not guilty plea(a) By mail. A motorist may plead not guilty by mail, if he or she does so within 15 days after receipt of the summons, by filling in the plea form on the back of the summons, and mailing the summons to: Traffic Violations Bureau
Plea Unit
Department of Motor Vehicles
P. O. Box 2950-ESP
Albany, New York 12220-0950
An acknowledgment of the not guilty plea will be sent by mail to the motorist, who must appear on the date and time and at the hearing office designated in the acknowledgment. The police officer will also be notified to attend and a hearing will be held.
(b) In person. A motorist may plead not guilty in person, within 15 days after receipt of the summons, by appearing personally, or by having someone appear for him or her, at any hearing office and giving the summons, with the plea form on the back completed, to the clerk, who will then schedule the hearing and give the motorist or his or her representative a written acknowledgment of the plea and notice of the date, time and location of the hearing. The motorist must appear at the hearing at such date, time and location. The police officer will be notified to attend and a hearing will be held.(c) By telephone. A motorist may plead not guilty by telephone within 15 days after receipt of the summons, by calling the telephone number listed on the summons during business hours and stating such plea to the representative answering the phone. That representative will then cause the hearing to be scheduled and acknowledgment to be sent by mail to the motorist, who must appear at the date and time and at the hearing office designated in the acknowledgment.(d) A motorist who fails to enter a not guilty plea, as set forth in this section, within 35 days of receipt of the summons shall be subject to a default conviction as provided for in section 227(4) of the Vehicle and Traffic Law.N.Y. Comp. Codes R. & Regs. Tit. 15 § 123.7