Many drivers who receive a traffic ticket in New York City (Brooklyn, Queens, Manhattan, Bronx and Staten Island) are surprised to learn that they cannot negotiate or plea bargain the ticket, even with the help of an attorney. This is very different from how traffic tickets are handled in most other parts of New York State.
The reason for this difference is that traffic violations issued within New York City are handled by a special administrative tribunal known as the Traffic Violations Bureau (TVB).
Understanding how the TVB system works can help drivers decide how to approach their case.
What Is the Traffic Violations Bureau (TVB)?
Traffic tickets issued within New York City (Manhattan, Brooklyn, Queens, the Bronx, and Staten Island) are handled by the New York State Department of Motor Vehicles Traffic Violations Bureau rather than traditional criminal courts.
The TVB system is an administrative court, not a criminal court.
Instead of judges and prosecutors, cases are heard by Administrative Law Judges employed by the DMV.
This structure creates several important differences compared to traffic courts elsewhere in New York.
No Plea Bargaining Allowed
One of the most important differences in the TVB system is that plea bargaining is not permitted.
In other parts of New York State, specifically outside of the five boroughs of NYC, traffic tickets are typically prosecuted by local prosecutors who may agree to reduce a charge through negotiation. For example, a speeding ticket might be reduced to a lower speed or a non-moving violation in a court outside of New York City.
However, in the TVB system:
- There is no prosecutor
- The charge cannot be negotiated or reduced
- The administrative judge must determine whether the violation was proven by the testifying officer
Because of this, drivers generally have only two options:
- Plead guilty and accept the penalties, or
- Contest the ticket at a hearing/trial
What Happens at a TVB Hearing?
If a motorist chooses to contest a traffic ticket in New York City, the case proceeds to a hearing before an administrative law judge.
During the hearing:
- The police officer testifies about the alleged violation
- The motorist (or their attorney) may question the officer
- The driver may present evidence or testimony
The judge then decides whether the violation has been proven. If the judge finds the driver guilty, the full penalties associated with the violation are imposed, including fines and points on the driver’s license.
Why Legal Representation Still Matters
Even though plea bargaining is not allowed in the TVB system, experienced legal representation can still be important.
An attorney can:
- Cross-examine the officer at the hearing
- Identify weaknesses in the evidence
- Raise procedural or evidentiary issues
- Present defenses on behalf of the motorist
Because the outcome often depends on the testimony and evidence presented at the hearing, preparation can make a significant difference.
Contact a New York Traffic Defense Attorney
If you have received a traffic ticket anywhere in New York, including New York City (Brooklyn, Queens, Manhattan, Bronx or Staten Island) the strategy for handling your case may depend heavily on where the ticket was issued.
At The Law Office of Siara Ossa, PLLC, we represent motorists throughout New York State and help drivers understand their options when facing traffic violations.
Contact our office today to discuss your case by calling or texting us at 347-733-5612.
www.ossalawny.com
siara@ossalawny.com
Prior results do not guarantee a similar outcome. Each case is unique and depends on the specific facts and legal circumstances involved.