For individuals charged with traffic infraction(s) pending in City/Town/Village Courts in Cayuga County:
A traffic ticket, alleging that you have committed an offense in violation of the New York State Vehicle and Traffic Law(s), has been filed with the court. You are presumed innocent until proven guilty. You have the right to a trial in this matter. You have the right to retain an attorney to represent you now, or at any stage in these proceedings. However, unless charged with a misdemeanor, you are not entitled to an assigned attorney.
You have several options to address your ticket(s). You may choose to proceed in one of the following legally authorized manners. Please be advised that this Office cannot provide legal advice as to how to proceed, or which of these options you should choose. Please review our Traffic Policy prior to contacting our office.
It is your responsibility to contact the court prior to applying for a reduction/dismissal. We recommend that you request a 30-day adjournment of your court date in order to complete either the reduction or diversion traffic safety program. The District Attorney's Office cannot grant adjournments.
OPTIONS:
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Enter a Plea of Not Guilty:
By pleading “Not Guilty” on your ticket, you choose to exercise your right to a trial in court (or negotiate with the District Attorney’s Office [see option #3]). Should you choose to exercise your right to a trial, the People of the State of New York, represented by the Cayuga County District Attorney’s Office, must prove that you have committed the charged traffic offense(s) beyond a reasonable doubt. At trial, you will have the right to hear, see, and challenge any evidence submitted to prove your guilt. This includes confronting and cross-examining witnesses (police or peace officers, or any other witness who may testify against you). You also have the right to call witnesses on your behalf to testify. You may, but are not required to, testify on your own behalf as well. After hearing all the evidence submitted at the trial, the Court determines whether the People have proven your guilt beyond a reasonable doubt and renders a verdict.
You are not entitled to a jury trial; rather the Judge will determine guilt. If convicted, the Court will impose a fine and surcharge. If applicable, points on your license may also be assessed in accordance with the Vehicle and Traffic Law. If found not guilty, the charges will be dismissed.
2.Enter a Plea of Guilty:
By pleading "Guilty," you waive your right to a trial. A plea of “Guilty” will permit the Court to impose any legally authorized fine and surcharge. You may also be assessed points on your license in accordance with the Vehicle and Traffic Law. You may withdraw, with the court’s permission, your plea of guilty at any time prior to sentencing and exercise your right to a trial.
3. Negotiate/Alternative Disposition or Plea Reduction:
To receive a dismissal or reduction of your traffic ticket(s), you have two options. The District Attorney’s Office offer a Traffic Diversion Program and Traffic Reduction Program. You must apply and be approved for the Traffic Diversion Program, which will result in a dismissal of your ticket(s). Anyone, with some exceptions, may apply for the Traffic Reduction Program, which will result in a reduction of your ticket, but will still result in a traffic conviction, a fine and surcharge.
Traffic Diversion Program
All individuals charged with a violation of the Vehicle and Traffic Law seeking a dismissal can resolve their traffic violation by participating in the District Attorney’s Traffic Diversion program, with a few exceptions. Successful completion of the program will result in a recommendation that the charges against you be dismissed resulting in no points on your driver’s license and it will not affect your insurance rates.
The District Attorney’s Office retains the right to reject any applicant who would otherwise be eligible.
In order to be eligible to participate in the Traffic Diversion Program, you must meet the following criteria:
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You have NOT been convicted of any DWI or vehicular homicide in the last 10 years;
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Complete the traffic safety education course
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You MUST provide all requested information
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To be eligible for the Traffic Diversion Program or the Traffic Reduction Program, you must upload a copy of ALL requested documents.
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If you already sent a copy of your ticket to the Court, you must contact the Court to request a copy. Do not send original tickets to this Office as we are not responsible for original(s).
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You have not completed the Traffic Diversion Program within the last 18 months.
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Submit your application once. Duplicate applications will NOT be accepted and will only delay the process.
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If you do not meet the eligibility requirements for the Traffic Diversion Program, your application will be automatically reviewed for the Traffic Reduction Program.
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You cannot apply for the Diversion Program if you were charged with any violation of the transportation law.
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If you have a Commercial Driver’s License you are NOT eligible for Diversion.
Only submit supporting documentation if relative to the ticket[s] that you received. For example:
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If you received a NO Inspection ticket, provide proof of your inspection. (Receipt from Inspection Station).
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If you received a NO Insurance Ticket but had insurance at the time, provide proof of such. (A letter from your Insurance Agent stating you had full coverage on the date of the accident. Insurance cards will not be accepted.)
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If you received a NO Registration ticket, provide proof from the DMV of your registration.
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If your ticket was the result of an accident, provide a copy of the accident report or accident information exchange and provide a signed letter from your Insurance Agent stating that all claims (must include all involved parties) from the accident have been satisfied.
It is your responsibility to contact the court to let them know that you are applying for a reduction and request a 30-day adjournment of your court date. This Office cannot grant adjournments.
TRAFFIC DIVERSION PROGRAM: If approved, the benefit to the defendant would be a dismissal upon program completion. The cost to participate is $295.00.
The following charges are Not Eligible for the diversion program:
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The Any felony or misdemeanor
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DWIs and DWAIs (any charge under VTL 1192)
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Ignition interlock tickets (any charge under VTL 1198)
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Reckless Driving (VTL 1212)
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Leaving the Scene (VTL 600-1a. 600-2a, 601)
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Aggravated Unlicensed Operation (any charge under VTL 511)
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Any transportation law violations
*these charges must be handled in Court
If you qualify for the Traffic Diversion Program, you will be instructed to take the Defensive Driving Course. Once it is completed, a dismissal letter will be sent directly to you and the Court.
If your application is not accepted for the Traffic Diversion Program, it will be reviewed for a Traffic Reduction.
Traffic Reduction Program
All individuals charged with a violation of the Vehicle and Traffic Law seeking a reduction can resolve their traffic violation by participating in the District Attorney’s Traffic Reduction program, with a few exceptions. Successful completion of the program will result in the charges against you being reduced, resulting in less points, or no points on your driver’s license.
To receive a reduction, you must provide all requested information when applying. You must complete the Traffic Safety Course. You will then be sent a proposed reduction disposition. If the plea reduction is acceptable, you must sign the form and return it to the Court, by mail or email. Please do not email anything to the District Attorney’s Office.
The benefit to the defendant would be a reduction upon program completion. The cost to participate is $50.00.
The following charges are Not Eligible for the reduction program:
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The Any felony or misdemeanor
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DWIs and DWAIs (any charge under VTL 1192)
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Ignition interlock tickets (any charge under VTL 1198)
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Reckless Driving (VTL 1212)
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Leaving the Scene (VTL 600-1a. 600-2a, 601)
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Aggravated Unlicensed Operation (any charge under VTL 511)
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Any transportation law violations
*these charges must be handled in Court
If you have a Commercial Driver's License (CDL) and are charged with one of the following:
1. Speed of 15 mph or more over the speed limit ( VTL 1180)
2. Reckless Driving (VTL 1212)
3. Following Too Closely (VTL 1129a)
4. Moved from Lane Unsafely (VTL 1128a)
You are not eligible for the Reduction Program.
The plea reduction will be sent to the email address you entered when taking the course. Please allow at least two weeks for processing of your reduction request. After we have reviewed your request, a copy of the recommendation will also be emailed directly to the court. Any proposed agreement is subject to approval by the Court.
If the plea offer is acceptable, you must sign the back of the plea reduction form, acknowledging that the offer is acceptable, and email or mail it directly to the court. Once received, the Court will impose a legally authorized fine and surcharge. Fines can range from $0-$450. If applicable, you may also be assessed points in accordance with the Vehicle and Traffic Law.