In New York, a person charged with a traffic infraction can enter a plea of not guilty either in person or by mailing the ticket and a signed statement to the court. After a not guilty plea, the court will notify the defendant of an initial appearance and, if a trial is requested, will set a later trial date. For certain parking and photo-based violations there is a separate hearing process before an examiner who will sustain or dismiss the charges.
Current New York law
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The deadline that matters
A mailed plea of not guilty must be sent within forty-eight hours after receiving the ticket under N.Y. Veh. & Traf. Law § 1806.
What New York law says
A defendant may enter a plea of not guilty by mailing the ticket and a signed statement to the appropriate court within the time required under N.Y. Veh. & Traf. Law § 1806. Procedures for notice, hearing, and the examiner's final determination for parking and some photo-monitoring violations are addressed under N.Y. Veh. & Traf. Law § 240 and N.Y. Veh. & Traf. Law § 241. If a defendant fails to answer within the specified time, a court (with some exceptions) may enter a default judgment after required notice periods per N.Y. Veh. & Traf. Law § 1806-A.
What to do
A common first step is to decide whether to appear in person or mail a signed plea of not guilty as allowed under N.Y. Veh. & Traf. Law § 1806.
A common next step is to request a hearing or trial date; the court will notify the defendant of the initial appearance and any trial date as described in § 1806.
A common step is to follow the local hearing procedures for parking or photo-based violations under N.Y. Veh. & Traf. Law § 240 and § 241.
A common precaution is to respond before any notice that could lead to a default judgment, noting the notice procedures and timelines in N.Y. Veh. & Traf. Law § 1806-A.
A common administrative step is to keep copies of mailed pleas and any return receipts or court notices for the record.
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Common questions
Can a not guilty plea be mailed instead of appearing?
Yes, a not guilty plea may be mailed to the appropriate court along with the ticket and a signed statement, subject to the timing rules in N.Y. Veh. & Traf. Law § 1806.
What happens after a not guilty plea is filed?
The court will advise the defendant by first class mail of an initial appearance at which no testimony is taken, and if a trial is requested the court will set a later trial date per N.Y. Veh. & Traf. Law § 1806.
Are there special rules for parking or photo violations?
Yes, notice, hearing procedures, and the hearing examiner’s power to sustain or dismiss charges for many parking and photo-monitoring violations are set out in N.Y. Veh. & Traf. Law § 240 and § 241.
What if a defendant does not answer the ticket?
If a defendant does not answer within the time specified, a court (except some courts in very large cities) may enter a plea of guilty and a default judgment after providing required notice as described in N.Y. Veh. & Traf. Law § 1806-A.
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This content provides legal information about New York law, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
