N.Y. Vehicle and Traffic Law 1807 – Provisions applicable to arraignments for traffic violations
§ 1807. Provisions applicable to arraignments for traffic violations. 1. The local criminal court, upon the arraignment in this state of a resident of this state charged with a violation of the vehicle and traffic law, or other law or ordinance relating to the operation of motor vehicles or motor cycles, and before accepting a plea, or in the case of such a defendant who has previously pleaded not guilty, as provided in section eighteen hundred six of this chapter, and who wishes to change or withdraw such plea, must inform the defendant at the time of his arraignment or appearance for trial in substance as follows:
Terms Used In N.Y. Vehicle and Traffic Law 1807
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Summons: Another word for subpoena used by the criminal justice system.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A plea of guilty to this charge is equivalent to a conviction after trial. If you are convicted, not only will you be liable to a penalty, but in addition your license to drive a motor vehicle or motor cycle, and your certificate of registration, if any, are subject to suspension and revocation as prescribed by law.
The giving of the foregoing instructions by means of a statement printed in a noticeably distinct manner and in bold type in a size equal to at least twelve point type, upon a summons or ticket issued to a person charged with any such offense shall constitute compliance with the requirements of this section.
The foregoing provisions of this section may be waived as provided in section eighteen hundred five of this chapter.
2. Upon the arraignment of any person under eighteen years of age who resides within the household of his parent or guardian upon a charge of a violation of the vehicle and traffic law or other law or ordinance relating to the operation of motor vehicles or motor cycles, except a violation relating to parking, stopping or standing, the local criminal court which arraigns him shall forthwith transmit written notice of such arraignment to the parent or guardian of such minor person; provided, however, that if a conviction of such person follows such arraignment upon the same day, or in case such person waives arraignment and enters a plea of guilty to the offense as charged in accordance with the provisions of section eighteen hundred five of this chapter, transmittal of notice of his conviction as provided in section five hundred fourteen of this chapter shall be sufficient and the notice of arraignment hereunder need not be given; provided further that the failure of a local criminal court to transmit such notice of arraignment shall in no manner affect the validity of a conviction subsequently obtained.