Traffic Ticket Pretrial Conference in New York State Justice Court

New York State Vehicle and Traffic Law (“VTL”) § 1806 sets forth the procedure a court must follow when adjudicating traffic tickets. When the court receives a Not Guilty plea to a ticket, the court is required to schedule a pretrial conference. 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.

The Benjamin Goldman Law Office is a New York traffic ticket defense firm. We have handled traffic tickets in the vast majority of justice courts in New York State. Our firm handles cases in North Country, Mohawk Valley, Finger Lakes, Western New York, Southern Tier, Central New York, Catskill Mountains, Hudson Valley, Long Island, and New York City. Contact us at your convenience to utilize your free consultation.