N.Y. Comp. Codes R. & Regs. tit. 15 § 125.5

Current through Register Vol. 46, No. 51, December 18, 2024

Section 125.5 - Dismissal of certain cases

(a) In addition to charges subject to the provisions of section 124.9 of this Title, the following charges shall be subject to dismissal without a hearing:

(1) Unlicensed operator and unregistered vehicle charges. If department records show the motorist to have been licensed or the vehicle to have been registered at the time the summons was issued, the charge will be dismissed, and the motorist will be notified of the dismissal. If a motorist is not advised of a dismissal prior to the appearance date, the motorist must appear and present proof of valid licensing or registration to an administrative law judge, who will dismiss the charge if proof is acceptable.

(2) Equipment defects. If the motorist is charged with any violation in respect to equipment required by law, other than a violation relating to service brakes or where at least one headlamp is not lighted and adjusted as required by law, and the motorist presents documentary proof of repair as required by section 376-a of the Vehicle and Traffic Law, the charge will be dismissed and the motorist will be notified of the dismissal. Section 376-a requires that repairs be completed before one-half hour after sunset on the next business day after the violation is committed and that the proof be presented on or before the date of appearance.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 125.5