WHAT IS TRAFFIC DIVERSION?

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1 Kirk O. Martin District Attorney Cheryl A. Mancini First Assistant District Attorney OFFICE OF THE DISTRICT ATTORNEY COUNTY OF TIOGA 20 Court Street P.O. Box 300 Owego, NY WHAT IS TRAFFIC DIVERSION? Any motorist who has up to four traffic tickets from a single incident may apply to the Tioga County District Attorney s Traffic Diversion Program. If you successfully complete the program your ticket(s) will be dismissed. There will be no fine or surcharge, and there will be no record of conviction added to your driving record. Not every traffic ticket is eligible for the program. WHAT TICKET(S) ARE ELIGIBLE? Only ticket(s) meeting the below qualifications are eligible and will be accepted into the program. Please note that eligible ticket(s) are either Standard or Elevated. Tickets eligible as Standard: - Speeding ticket(s) charging 1-20 miles per hour over the posted speed limit, unless the ticket was for speeding in a construction zone (VTL 1180f) or speeding in a school zone (VTL 1180c). - All equipment violations. - All other moving violations, except failure to stop for a stopped school bus (VTL 1174) or offenses written as a result of a property damage accident. - All seat belt violations otherwise eligible ticket(s).

2 Tickets eligible as Elevated: - Speeding ticket(s) charging miles per hour over the posted speed limit. - Speeding ticket(s) for speeding in a construction zone (VTL 1180f) or speeding in a school zone (VTL 1180c). In these cases the ticket must be for driving no more than 1-20 miles per hour over the posted speed limit, as long as it is the motorist s first offense ticketed for this section, and there were no other tickets issued. If the motorist has previously been ticketed for this offense or there were other tickets they are not eligible. - Failure to stop for a school bus VTL 1174-a, as long as it is the motorist s first offense ticketed for this section, and there were no other tickets issued. If the motorist has previously been ticketed for this offense or there were other tickets they are not eligible. - Ticket(s) written as a result of a property damage accident, as long as the motorist s insurance carrier has accepted responsibility and the motorist is able to provide proof of this. - Using a cell phone or portable electronic device without a hands-free device (VTL c2 or 1225-d). - 4 otherwise eligible tickets. - Any misdemeanor offense. WHAT TICKET(S) ARE INELIGIBLE? - Any offense written as a result of an accident involving personal injury or death. - Any offense written to a motorist holding a commercial learner s permit/license (CLP/CDL) or who at the time was operating a commercial motor vehicle (CMV). - VTL sections 600(1)(a) and 600(2)(a) Leaving the scene of a property damage accident or leaving the scene of a personal injury accident. - VTL section 1212 Reckless driving. - VTL section 1192 Driving under the influence of alcohol or drugs. - Any motorist must not have previously completed a Traffic Diversion Program within the State of New York in the preceding 18 months. - Any motorist with more than 4 tickets. - Any motorist who was disrespectful to the officer during the traffic stop.

3 WHAT ARE THE REQUIREMENTS FOR THE PROGRAM? Motorists who wish to participate in the program and have ticket(s) eligible as Standard must: 1. Fill out an Application. 2. Pay a fee. 3. Be accepted into the program. 4. Complete a 6 hour traffic safety course approved by the New York State Department of Motor Vehicles. 5. Provide a Certificate of Completion of the traffic safety course to the District Attorney s Office. 6. Provide these to us within 30 days of the date of your acceptance into the program. Motorists who wish to participate in the program and have ticket(s) eligible as Elevated must: 1. Fill out an Application. 2. Pay a fee. 3. Be accepted into the program. 4. Complete a 6 hour traffic safety course approved by the New York State Department of Motor Vehicles. 5. Complete 30 minutes of community service. 6. Provide: a. Certificate of Completion of the traffic safety course, and a b. Written statement signed by you confirming you have completed the community service to the District Attorney s Office. 7. Provide these to us within 30 days of the date of your acceptance into the program. *** PLEASE NOTE: if you have more than one ticket you are seeking to have dismissed and at least one of those tickets is an Elevated ticket, you must complete the Elevated requirements and pay the Elevated fee. ***

4 The 6 hour traffic safety course can be completed in a traditional classroom setting or online. Approved online classes may be found at Once completed the motorist is awarded a Certificate of Completion. For motorists with Elevated ticket(s), the community service can be completed at any not-forprofit or charity of the motorist s choosing. After completing the community service the motorist simply signs a written statement confirming they have completed it. That statement is attached to these instructions. WHAT ARE THE FEES? Tickets eligible as Standard $240 Tickets eligible as Elevated $340 If you have more than 1 ticket there is an additional fee of $70 for each additional ticket PLEASE NOTE: if you have more than one ticket you are seeking to have dismissed and at least one of those tickets is an Elevated ticket, the Elevated application fee applies. Examples of how this works: One Ticket Speeding 19mp over the zone $240 Explanation: This is a Standard Ticket. One Ticket Speeding 24mph over the zone $340 Explanation: This is an Elevated ticket and you must pay the Elevated fee and completed the Elevated requirements. Two tickets Speeding 15mph over zone and a cell phone ticket $410 Explanation: The cell phone ticket is an Elevated ticket and so you must pay the Elevated fee and complete the Elevated requirements. The one speeding ticket is one additional fee for $340 + $70 = $410.

5 HOW DO I APPLY? Before applying to the Tioga County Traffic Safety Diversion Program, make sure you mail in a plea of not guilty to the court in which your charges are pending. Failure to do so may result in the suspension of your license by the court. 1. Make a copy of your tickets. If you have already mailed them in pleading not guilty, make a copy of court notice. If you have neither, get copies from the Court. 2. Fill out the Application legibly, and in its entirety. 3. Mail the following: The Application. A copy of your traffic ticket(s), or your court notice. Two self-addressed, stamped, #10 business size envelopes. A non-refundable certified check or money order in the amount required by the application fee schedule, made payable to Tioga County Treasurer and reference Traffic Safety Diversion Program in the memo. Please check the instructions to determine your application fee. to Tioga County District Attorney s Office ATTN: Traffic Safety Diversion Program 20 Court Street, PO Box 300 Owego, New York WHAT HAPPENS AFTER I APPLY? - We send you an acceptance letter if you have been admitted into the program. - You then have 30 days from the date of our acceptance letter to complete the traffic safety course and mail the Certificate of Completion back to us. If you have any Elevated ticket(s) you must also complete 30 minutes of community service within that same 30 day period and mail the statement confirming your completion of the community service back to us. - Once we receive these things and if all your paperwork is in order, we will notify both you and the Court that your ticket(s) are to be dismissed. You should contact the Court to confirm they have been dismissed.

6 PLEASE NOTE Application to the program is voluntary. Motorists who do not wish to apply to the program can negotiate for a reduction by going in person to their court date and asking for a conference with the prosecutor, or they may request a trial. Acceptance is determined by the motorist eligibility as outlined below, and the District Attorney s Office. The Tioga County District Attorney has complete discretion to approve or deny any application. Any fee for a traffic safety course is not included in the application fee. You must pay the course provider separately. The application fees offset the administration and monitoring of the program. If you are terminated from the program your application fee will not be refunded. Any motorist who submits false information with their application will be denied or terminated from the Traffic Diversion Program and will not have their application fee refunded. Failure to stay in contact with the Court and make your court appearances could result in your driving privileges being suspended. Failure to completely fill out the application or omit any of the required documents may be grounds for the denial of your application.

7 APPLICATION FOR TIOGA COUNTY S TRAFFIC SAFETY DIVERSION PROGRAM Last Name First Name Middle Initial DOB Current Mailing Address City State Zip Code Home or Cell Phone Number (Please include area code) Date Ticket(s) issued Court Returnable To 1 st Ticket Number Charge 2 nd Ticket Number Charge 3 rd Ticket Number Charge 4 th Ticket Number Charge By signing this application, I affirm that I meet all requirements for program eligibility as outlined in the Traffic Safety Diversion Program, including: 1. I have answered and plead not guilty to the ticket(s). 2. I have not completed a Traffic Diversion Program within the State of New York within 18 months. 3. I have not been convicted of a 3 point or higher moving violation within 12 months. 4. I was not involved in a motor vehicle accident which resulted in physical injury or death. 5. I have never been involved in a motor vehicle accident which resulted in the death of another person. 6. I do not possess a commercial learner s permit/license (CLP/CDL). 7. I was not operating a commercial motor vehicle (CMV). 8. I understand that in making this application for a reduction, I waive all rights to a speedy trial. 9. If I am accepted into the program I am requesting the District Attorney make an application to the Court for an adjournment of my case so that I can complete the program requirements within 30 days. Please send the following to the District Attorney s Office: This application, legible and completed. A copy of your traffic ticket(s), or court notice. Two self-addressed, stamped, #10 business size envelopes. A non-refundable certified check or money order in the amount required by the application fee schedule, made payable to Tioga County Treasurer and reference Traffic Safety Diversion Program in the memo. Please check the instructions to determine your application fee. Submit your application packet to: Tioga County District Attorney s Office It is a crime, punishable as a class A misdemeanor ATTN: Traffic Safety Diversion Program under the Penal Law of the State of New York, for a 20 Court Street, Box 300 person in and by a written instrument to knowingly Owego, New York make a false statement, or to make a statement, which such person does not believe to be true. Date: Signature of Applicant

8 STATEMENT CONFIRMING I HAVE COMPLETED COMMUNITY SERVICE (Elevated ticket(s) only) I, hereby confirm that: 1. I completed 30 minutes of community service. 2. This community service was completed on (date). 3. That this community service was completed at a Charity or Not-For-Profit. (Signature of Motorist) (Printed Name) (Today s Date)

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