Traffic Violations Bureau
Encyclopedia
Traffic Violations Bureau, often abbreviated as TVB, is an arm of the New York State Department of Motor Vehicles
. The bureau is entrusted with adjudicating non-criminal traffic violations
in New York City
, the cities of Buffalo
, Rochester
, and in a significant portion of Suffolk County
. The rationale behind the establishment of this office was to offload the large volume of such cases from the regular courts.
is carried out by an administrative law judge
, or ALJ. The sole options are to plead guilty or not guilty: plea bargain
s are not conducted, nor can the judge reduce a charge or a penalty, only rule guilty or not guilty on the stated charge. The judge does have the authority to increase a fine, as well as to suspend a license. There is no absolute right to a supporting deposition, and rules on admissibility of hearsay evidence
are far more lax than in regular court. Typically, the hearing consists simply of each side presenting its story, the allowance of hearsay negating the necessity of formalities such as sworn witnesses and the like.
Appeals are made not to a higher court, but to the Appeals Processing Unit of the DMV. The appeals fee of $10 is payable to the Commissioner of Motor Vehicles. If the appeal is against the guilty verdict itself, as opposed to only the penalty, a transcript must be ordered for an additional $50.
, specifically the right of discovery
and the admissibility of hearsay, are more lax than in normal court, the TVB system has often been characterized as a difficult or biased one. The absence of an option to plead to reduced charges, traditionally a staple of traffic court, has been especially criticized.
The threshold of conviction is "Clear and convincing evidence", in contrast to the general definition of proof beyond a reasonable doubt. It has been argued that this is a lower standard, making conviction easier. Conversely, the argument has been made that the more streamlined process, coupled with the judge being an expert on traffic law, makes for a fairer trial.
The New York State Department of Motor Vehicles
has in the past noted that a 65% conviction rate is required to maintain the financial viability of the Traffic Violations Bureau System (Source: New York State Bar Association Committee on Administrative Adjudication).
The concept of administration adjudication was upheld by New York State's highest court, the Court of Appeals
, in 1977 in a 4-3 decision in Rosenthal v. Hartnett.
The National Motorists Association
assists motorists and offers attorney referrals to motorists appearing before the Bureau.
New York State Department of Motor Vehicles
The New York State Department of Motor Vehicles is the governmental agency responsible for registering and inspecting automobiles and other motor vehicles as well as NYS Enhanced Driver License/Driver License and Enhanced Non-Driver Photo ID Card/Non-Driver Photo ID Card in the U.S...
. The bureau is entrusted with adjudicating non-criminal traffic violations
Traffic court
Traffic court is a term that refers to a municipality's specialized judicial process for handling traffic ticket cases. In the United States, a person who is given a citation by a police officer can either plead guilty and pay the indicated fine directly to the court house, by mail, or in some...
in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
, the cities of Buffalo
Buffalo, New York
Buffalo is the second most populous city in the state of New York, after New York City. Located in Western New York on the eastern shores of Lake Erie and at the head of the Niagara River across from Fort Erie, Ontario, Buffalo is the seat of Erie County and the principal city of the...
, Rochester
Rochester, New York
Rochester is a city in Monroe County, New York, south of Lake Ontario in the United States. Known as The World's Image Centre, it was also once known as The Flour City, and more recently as The Flower City...
, and in a significant portion of Suffolk County
Suffolk County, New York
Suffolk County is a county located in the U.S. state of New York on the eastern portion of Long Island. As of the 2010 census, the population was 1,493,350. It was named for the county of Suffolk in England, from which its earliest settlers came...
. The rationale behind the establishment of this office was to offload the large volume of such cases from the regular courts.
Role and authority of court
Unlike a true court, the TVB is an administrative agency, with different procedures regarding elements ranging from rules of evidence to threshold for conviction. The function of the judgeJudge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
is carried out by an administrative law judge
Administrative law judge
An administrative law judge in the United States is an official who presides at an administrative trial-type hearing to resolve a dispute between a government agency and someone affected by a decision of that agency. The ALJ is usually the initial trier of fact and decision maker...
, or ALJ. The sole options are to plead guilty or not guilty: plea bargain
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
s are not conducted, nor can the judge reduce a charge or a penalty, only rule guilty or not guilty on the stated charge. The judge does have the authority to increase a fine, as well as to suspend a license. There is no absolute right to a supporting deposition, and rules on admissibility of hearsay evidence
Hearsay in United States law
Hearsay is the legal term for testimony in a court proceeding where the witness does not have direct knowledge of the fact asserted, but knows it only from being told by someone. In general the witness will make a statement such as, "Sally told me Tom was in town," as opposed to "I saw Tom in...
are far more lax than in regular court. Typically, the hearing consists simply of each side presenting its story, the allowance of hearsay negating the necessity of formalities such as sworn witnesses and the like.
Appeals are made not to a higher court, but to the Appeals Processing Unit of the DMV. The appeals fee of $10 is payable to the Commissioner of Motor Vehicles. If the appeal is against the guilty verdict itself, as opposed to only the penalty, a transcript must be ordered for an additional $50.
Criticisms
Because the rules of evidenceEvidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
, specifically the right of discovery
Discovery (law)
In U.S.law, discovery is the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party by means of discovery devices including requests for answers to interrogatories, requests for production of documents, requests for...
and the admissibility of hearsay, are more lax than in normal court, the TVB system has often been characterized as a difficult or biased one. The absence of an option to plead to reduced charges, traditionally a staple of traffic court, has been especially criticized.
The threshold of conviction is "Clear and convincing evidence", in contrast to the general definition of proof beyond a reasonable doubt. It has been argued that this is a lower standard, making conviction easier. Conversely, the argument has been made that the more streamlined process, coupled with the judge being an expert on traffic law, makes for a fairer trial.
The New York State Department of Motor Vehicles
New York State Department of Motor Vehicles
The New York State Department of Motor Vehicles is the governmental agency responsible for registering and inspecting automobiles and other motor vehicles as well as NYS Enhanced Driver License/Driver License and Enhanced Non-Driver Photo ID Card/Non-Driver Photo ID Card in the U.S...
has in the past noted that a 65% conviction rate is required to maintain the financial viability of the Traffic Violations Bureau System (Source: New York State Bar Association Committee on Administrative Adjudication).
The concept of administration adjudication was upheld by New York State's highest court, the Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
, in 1977 in a 4-3 decision in Rosenthal v. Hartnett.
The National Motorists Association
National Motorists Association
The National Motorists Association is a grassroots organization whose revenue is membership- and donation-driven. It was created in 1982 to "to represent and protect the interests of North American motorists", and advocates a "Motorist Bill of Rights".-History:The NMA, originally called the...
assists motorists and offers attorney referrals to motorists appearing before the Bureau.