Introduction
DMV hearings for traffic infractions can have significant implications on your driving record, insurance rates, and even your ability to maintain your driver’s license. Understanding the legal framework and your rights in these administrative proceedings is crucial to protect your interests. In this blog post, we will discuss important aspects of DMV hearings, including the burden of proof, discovery limitations, the role of witnesses, obtaining information for criminal cases, and the importance of challenging traffic tickets.
Burden of Proof and Discovery Limitations
At a DMV hearing on a traffic infraction, the burden of proof rests on the People, who must establish guilt by clear and convincing evidence, a standard lower than proof beyond a reasonable doubt (Vehicle and Traffic Law § 227[1]). This reduced burden of proof has been found constitutional (Graf v. Foschio, 102 AD2d 891 [2d Dep’t 1984]).
It’s important to note that defendants whose cases are heard in the Traffic Violations Bureau are not entitled to discovery (Miller v. Schwartz, 72 NY2d 869 [1988]). This means that you may not have access to certain evidentiary materials or a supporting deposition (Sulli v. Appeals Bd. of Administrative Adjudication Bureau, 55 AD2d 457, [4th Dep’t 1977]). However, the presence of the police officer is typically required for the administrative law judge to make a finding against the driver (15 NYCRR § 124.9).
Defense Rights and Obtaining Information
During a DMV hearing, the defense is entitled to Rosario-type material from testifying witnesses (Fenimore Circle Corp. v. State Liquor Authority, 27 NY2d 716 [1970]). This material can be crucial in preparing your defense strategy. If other charges are pending in a criminal court, a DMV hearing can be an effective place to obtain information that may be helpful in the criminal case. It is advisable to consider seeking relevant information and obtaining a transcript of the hearing. A subpoena may be issued for an administrative proceeding (CPLR 2302; 15 NYCRR § 127.11[b]).
Preserving the Record and Impeachment at Trial
While DMV hearings are recorded, it may be beneficial for defense counsel to bring a court reporter to transcribe the session. The proceeding is public, and a court reporter or another person is entitled to attend. Although this transcript may not be used on administrative review, it can serve as valuable evidence for impeachment during a criminal trial.
Importance of Challenging Traffic Tickets
Challenging traffic tickets is crucial for several reasons:
- Higher Surcharges: Convictions for traffic infractions can result in increased surcharges on your insurance premiums.
- Point Accumulation: Traffic violations can add points to your driving record, which may lead to increased insurance rates and, if you accumulate enough points, trigger the Driver Responsibility Assessment or “problem driver” regulations, potentially resulting in an extended loss of your license.
- Civil and Criminal Consequences: Certain traffic violations can have civil and criminal consequences beyond fines, including potential license suspension or revocation.
Conclusion
DMV hearings for traffic infractions require a solid understanding of the legal framework and your rights. By being aware of the burden of proof, discovery limitations, defense strategies, and the importance of challenging traffic tickets, we can protect your rights, minimize the consequences, and seek the best possible outcome. Consulting an experienced attorney who specializes in traffic violations can provide you with the guidance and representation needed to navigate these proceedings successfully.
If you require assistance with a DMV hearing or have questions about traffic infractions, contact our knowledgeable attorneys at Arnold A. Arpino & Associates P.C. at 631.724.5251. We are dedicated to safeguarding your rights and helping you navigate the complexities of the legal system.