Pretrial Conference for Traffic Ticket

The New York Vehicle and Traffic Law (“VTL”) § 1806 sets forth the procedure for the adjudication of traffic tickets. It requires that a court schedule a pretrial conference upon receipt of a Not Guilty plea. VTL §1806 reads:

“Upon receipt of such ticket and statement, the court shall advise the violator, by first class mail, of an appearance at which no testimony shall be taken. If the motorist requests a trial, the court shall set a trial date on a date subsequent to the date of the initial appearance.”

The personal appearance of the motorist at this conference is not required, and all matters can often be handled by an attorney as long as there is a properly signed waiver. If there is no resolution at the pretrial conference, the case will be scheduled for trial. At trial, the officer must testify to the elements of the traffic violation. The motorist gets the opportunity to cross-examine the officer, and to submit any rebuttal evidence, which includes testimony by the motorists.

More Information: Traffic Court 101