2023 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 or has entered into an installment payment plan to  pay  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.