NY Veh & Traf L § 226 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 2 - Department of Motor Vehicles; Commissioner Article 2-A - Adjudication of Traffic Infractions 226 - Summons; Answer.

§  226.  Summons;  answer.  1.  Summons.  The  commissioner  shall  be authorized to prescribe by regulation  the  form  for  the  summons  and complaint to be used for all traffic violations specified in subdivision one of section two hundred twenty-five of this chapter, and to establish procedures  for  proper  administrative  controls  over  the disposition thereof. Such summons may be the same as the  uniform  summons  provided for  in  section  two hundred seven of this chapter. The chief executive officer of each local police force which is required to use the  summons and  complaint provided for herein shall prepare or cause to be prepared such records and reports as may be prescribed by the commissioner.   1-a. Return date notifications.  The  commissioner  shall  notify  any person  who  receives  a summons and complaint for any traffic violation specified in subdivision one of section two hundred twenty-five of  this article  of  the  time and place of the return date for such summons, no later than one week prior to such return date.  The  commissioner  shall send such notification by first class mail at the address of such person on  file  with  the department or at the current address provided by the United States postal service in  accordance  with  section  two  hundred fourteen of this title.   2.  Answer.  (a)  General.  Any  person  who  receives a summons for a violation  described  in  subdivision  one  of   section   two   hundred twenty-five  of  this  chapter  shall  answer such summons by personally appearing on the return date at the time and  place  specified  therein. Provided,  however, that an answer may be made as provided in paragraphs (b) and (c) of this subdivision and the regulations of the commissioner.  (b) Answer by mail -- admitting charge. If a person charged  with  the violation  admits  to  the  violation  as charged in the summons, he may complete an appropriate form prescribed by the commissioner and  forward such  form  and  summons,  together  with  the  appropriate  part of his license, if required by the commissioner's regulations, to the office of the department specified on such summons. If a schedule of penalties for violations has been established, and such schedule appears on the answer form, a check or money order in  the  amount  of  the  penalty  for  the violation  charged  if included in such schedule, must also be submitted with  such  answer.  Unless  permitted  by  the   regulations   of   the commissioner,  such  plea  may  not  be made by mail for any offense for which suspension or revocation of a driver's license is required by law, or for any other offense if the conviction thereof  would  result  in  a hearing  pursuant  to  a  highway  safety  program established under the provisions of subdivision three of section  five  hundred  ten  of  this chapter.  (c) Answer by mail - denial of charges. If the person charged with the violation denies part or all of the violation as charged in the summons, he  may  complete an appropriate form prescribed by the commissioner for that purpose and forward such form and summons  to  the  office  of  the department specified on such summons. Upon receipt, such answer shall be entered and a hearing date established by the department. The department shall notify such person by return mail of the date of such hearing.   3.  Failure  to  answer  or appear; entry of order.  (a) If the person charged with the violation shall fail to answer the summons as  provided herein,  the  commissioner  may suspend such person's license or driving privilege or, if the  charge  involves  a  violation  of  section  three hundred  eighty-five,  section  four hundred one or section five hundred eleven-a of this chapter by a registrant who was not the operator of the vehicle, the registration of such vehicle or the privilege of  operation of  any  motor  vehicle owned by such registrant may be suspended, until such person shall answer as provided in subdivision two of this section, or has paid the fine associated with a conviction entered as a result of  the failure to appear in response to such summons, or the defendant  has been  acquitted  of the charge that led to the suspension or such charge was otherwise dismissed. If a person shall fail to appear at a  hearing, when  such  is  provided  for  pursuant  to  this section, such person's license, or registration or privilege of operating or of  operation,  as appropriate,  may  be  suspended  pending  appearance  at  a  subsequent hearing, or the disposition of  the  charges  involved.  Any  suspension permitted  by  this subdivision, if already in effect, may be terminated or if not yet in effect, may be withdrawn  or  withheld,  prior  to  the disposition of the charges involved if such person shall appear and post security  in  the  amount  of  forty  dollars  to  guarantee  his or her appearance at any required hearing. The security posted pursuant to this subdivision shall be returned upon appearance at the  scheduled  hearing or  an  adjourned  hearing  which  results in a final disposition of the charge, and otherwise shall be  forfeited.  If  a  suspension  has  been imposed  pursuant  to  this  subdivision  and  the  case is subsequently transferred  pursuant  to  subdivision  two  of  section   two   hundred twenty-five  of  this  article,  such  suspension shall remain in effect until the person answers the charges in the court to which the case  was transferred.  Any  suspension issued pursuant to this paragraph shall be subject to the provisions of  paragraph  (j-1)  of  subdivision  two  of section five hundred three of this chapter.  (b) Failure to answer or appear in accordance with the requirements of this  section  and any regulations promulgated hereunder shall be deemed an admission to the violation as charged, and an appropriate  order  may be  entered  in the department's records, and a fine consistent with the provisions of this chapter and regulations of the  commissioner  may  be imposed  by  the  commissioner or person designated by the commissioner. Prior to entry of an order and imposition of a  fine,  the  commissioner shall  notify  such person by mail at the address of such person on file with the department or at the current address  provided  by  the  United States postal service in accordance with section two hundred fourteen of this title: (i) of the violation charged; (ii) of the impending entry of such  order  and  fine; (iii) that such order and fine may be filed as a judgment with the county clerk of the county in which  the  operator  or registrant  is located; and (iv) that entry of such order and imposition of such fine may be avoided by entering a plea or making  an  appearance within  thirty days of the sending of such notice. In no case shall such an order and fine be entered and imposed more than two years  after  the date  of the alleged violation. Upon application in such manner and form as the commissioner shall prescribe an order and fine shall  be  vacated upon the ground of excusable default.