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NCJ Number: 30389 Add to Shopping cart Find in a Library
Title: ADMINISTRATIVE ADJUDICATION BUREAU OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES - AN EXEMPLARY PROJECT
Author(s): A HALPER; J MCDONNELL
Corporate Author: Abt Associates, Inc
United States of America
Date Published: 1975
Page Count: 202
Sponsoring Agency: Abt Associates, Inc
Cambridge, MA 02138
National Institute of Justice/
Rockville, MD 20849
Superintendent of Documents, GPO
Washington, DC 20402
US Dept of Justice

US Dept of Justice NIJ Pub
Washington, DC 20531
Contract Number: J-LEAA-014-74
Sale Source: Superintendent of Documents, GPO
Washington, DC 20402
United States of America

National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Type: Program Description (Model)
Language: English
Country: United States of America
Annotation: DISCUSSION OF THE ADJUDICATION PROCESS, ORGANIZATION, OPERATIONS, ACHIEVEMENTS, AND REPLICABILITY OF THIS PROGRAM WHICH TRANSFERS JURISDICTION FOR AND HANDLES ALL NON-CRIMINAL TRAFFIC VIOLATIONS FOR NEW YORK CITY.
Abstract: IN 1969, THE CRIMINAL COURTS OF THE CITY OF NEW YORK WERE HANDLING OVER 800,000 CASES INVOLVING MOVING TRAFFIC INFRACTIONS AND OVER 3,200,000 CASES INVOLVING NON-MOVING INFRACTIONS. AS A RESPONSE TO A RAPIDLY GROWING BACKLOG OF CASES AWAITING ACTION BY THE CRIMINAL COURTS, THE STATE LEGISLATURE PASSED LEGISLATION, EFFECTIVE JULY 1, 1970, TO PERMIT THE TRANSFER OF JURISDICTION FOR NEW YORK CITY'S MOVING TRAFFIC INFRACTIONS FROM THE CRIMINAL COURTS TO THE STATE DEPARTMENT OF MOTOR VEHICLES. COMPANION LEGISLATION INTRODUCED AT THE REQUEST OF THE CITY OF NEW YORK PROVIDED FOR A SIMILAR TRANSFER OF CASES INVOLVING NON-MOVING INFRACTIONS TO A SEPARATE AGENCY, THE PARKING VIOLATIONS BUREAU OF THE CITY'S TRANSPORTATION ADMINISTRATION. THIS MANUAL PROVIDES A DETAILED DESCRIPTION OF THE ADMINISTRATIVE ADJUDICATION BUREAU (AAB) OF NEW YORK STATE'S DEPARTMENT OF MOTOR VEHICLES, AN LEAA EXEMPLARY PROJECT. FOR ALL NON-CRIMINAL TRAFFIC OFFENSES, AN AAB SUMMONS IS PROVIDED WHICH EXPLAINS THE THREE PLEADING OPTIONS OPEN TO THE MOTORIST. IF THE PLEA IS 'GUILTY' OR 'NOT GUILTY,' IT MAY BE MAILED TO THE CENTRAL OFFICE OR MADE IN PERSON AT A LOCAL FIELD OFFICE. IF THE PLEA IS A 'GUILTY WITH AN EXPLANATION' IT MUST BE MADE IN PERSON AT THE FIELD OFFICE. THE PLEAS ARE PROCESSED IN SUCH A WAY THAT ALL PERSISTENT OR DANGEROUS VIOLATORS ARE REQUIRED TO APPEAR IN PERSON. HEARING OFFICERS ARE EXPERIENCED LAWYERS WITH SPECIAL TRAINING IN THE NEW YORK STATE VEHICLE AND TRAFFIC LAW AND DRIVER SAFETY PRINCIPLES. HEARINGS ARE LESS RIGIDLY STRUCTURED THAN COURTROOM TRIALS AND DECISIONS ON THE MERITS OF THE CASE ARE MADE ON THE BASIS OF THE EVIDENCE PRESENTED. SANCTIONS IMPOSED RANGE FROM MONETARY FINES THROUGH ASSIGNMENT TO DRIVER TRAINING SESSIONS TO LICENSE SUSPENSION AND REVOCATION. AAB PROCEEDINGS ARE CIVIL IN NATURE WITH JAIL SENTENCES EXCLUDED AS A SANCTIONING ALTERNATIVE. ALTHOUGH THE CRIMINAL COURT OF NEW YORK CITY RETAINS CONCURRENT JURISDICTION WITH THE AAB, ALMOST ALL CASES ARE ADJUDICATED BY THE LATTER. THIS NEW YORK STATE ADMINISTRATIVE ADJUDICATION PROGRAM HAS ALSO BEEN PUT INTO OPERATION IN BUFFALO AND ROCHESTER, THE SECOND AND THIRD LARGEST COMMUNITIES IN THE STATE. SUPPORTING INFORMATION, SUCH AS THE ENABLING LEGISLATION, AAB REGULATIONS AND FORMS, AND NATIONAL STANDARDS AND GOALS IS PROVIDED IN THE APPENDIX. (AUTHOR ABSTRACT MODIFIED)
Index Term(s): Caseload management; Computer aided operations; Court case flow management; Evaluation; LEAA exemplary programs; New York; Procedure manuals; State laws; Traffic codes; Traffic courts; Traffic law enforcement
Note: EXEMPLARY PROJECT
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=30389

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