FAQ
Why isn't the fine listed on my ticket?
Because the judge will assess the penalty. Once a plea of guilty has been entered, the judge determines the sentence, and in most cases, assesses the fine on each ticket filed in The Court. Once assessed, a Notice of Fine will be mailed to you with the amount due and the instruction for payment.
Bench Trial on a Traffic Ticket
On the date of the Bench Trial (Non-Jury), you must be prepared to proceed and present any and all evidence and/or witnesses on your behalf.
If you are found Not Guilty by the Court, an acquittal will be entered on the record. At that time, bail posted, if any, will be returned to the posting individual.
If you are found to be Convicted by the Court, a Fine and Mandatory Surcharge will be assessed.
NOTE: You Have the Right to Appeal a Traffic Infraction Conviction (30 day limit)
I missed my court appearance what do I do?
You should contact The Court immediately. Depending on the matter at hand, non-appearances could normally result in one or more of the following: Arrest Warrant, Bench Warrant, bail forfeiture and/or the suspension of your driver's license/privileges.
What is a supporting deposition?
A supporting deposition is a detailed account from the officer regarding the issued ticket. If you were handed an electronically issued ticket, the officer may have handed you the supporting deposition along with the ticket. Some officers hand the ticket and supporting deposition to the driver as one long piece of paper, some separate them.
I'd like to speak with someone regarding a reduction or plea bargain.
If you are charged with a traffic violation and before any plea bargains are accepted, you must first enter a plea of not guilty by appearing for arraignment before the judge or by completing Part B on the traffic ticket(s) you were issued. You may mail or drop the signed ticket(s) to The Court office. Once a plea of not guilty has been entered with The Court, you would receive further information with regard to plea bargaining.
Plea Reduction from the Otsego County District Attorney’s Office
PLEASE NOTE: If you do not meet the eligibility requirements to enter the Traffic Diversion Program, you may still seek a plea bargain by filling out an Application for Reduction of Charges, a copy of which may be obtained by contacting this office at 607-547-4268 or by logging onto
www.otsegocounty.com/depts/da
and visiting the District Attorney’s Office web page.
Do I need an attorney?
Although you are not required to have an attorney you have a right to have representation at every step of the proceedings. It is not recommended that you proceed to trial without the aid of counsel but you certainly have the right to do so.
Can I get a Public Defender?
You will have to financially qualify for representation. The Oneonta Town Court has a Financial Affidavit form you can fill out to see if you qualify for an Otsego County Public Defender.
Otsego County Traffic Diversion Program
If eligible, and you successfully participate in this program, your Vehicle and Traffic ticket will be dismissed, up to four (4) points will be removed from your driving record, you may receive a reduction in your insurance premiums, and you will derive educational benefits from the defense driving program. Please click on their website below to get additional information;
http://www.otsegocounty.com/depts/da/documents/TrafficDiversionProgram.pdf
How do I contact the District Attorney's Office?
The only way you can talk to an Assistant District Attorney (ADA) from the DA's Office is to qualify for a Public Defender, or hire an attorney on your own. They will represent you, and they will talk to the ADA./District Attorney's Office.
Who do I contact about points on my license?
Contact NYS DMV at your local office or go to http://www.dmv.ny.gov
If you are an out of state driver, contact your home licensing state.
Point Assessment Charge as Established by the New York State Dept. of Motor Vehicles......Speeding over the posted limit
1 – 10 mph = 3 points
11 – 20 mph = 4 points
21 – 30 mph = 6 points
31 – 40 mph = 8 points
Greater than 40 = 11 points
Speed not reasonable/too fast for conditions = 3 points
Cellphone = 5 points
Portable Electronic Device = 5 points
Following too Close = 4 points
Pass Red Light/Stop Sign = 3 points
Unsafe Lane Change = 3 points
Failure to Yield = 3 points
Improper Passing = 3 points
Failure to Obey Traffic Control Device = 2 points
NOTE: For clarity, go to NYS Driver Violation Point System at;
https://dmv.ny.gov/driver-license/driver-licenses#points
What is the Driver Responsibility Assessment fee?
That notice came from NYS Department of Motor Vehicles and is separate from any fines or surcharges paid to The Court. The fee is called Driver's Responsibility Act (DRA).
https://dmv.ny.gov/tickets/pay-driver-responsibility-assessment
Who do I talk to about the status of my license?
To find out any information regarding your license status or the effect of a conviction, contact or visit your local licensing state Department of Motor Vehicles office.
I was the victim of a crime. Who can I talk to?
Opportunities for Otsego has a website;
http://www.ofoinc.org/find-program/violence-intervention-program/
Dept. of Environmental Conservation Issues
dec.ny.gov....has a 24 hour dispatch.....1.877.457.5680.......
and 1.800. TIPP.DEC to report a crime
https://www.dec.ny.gov/regulations/regulations.html
Dangerous Dog Issues
https://www.animallaw.info/statute/ny-dangerous-dog-chapter-69-consolidated-laws
http://www.zifflaw.com/NYInjuryLawBlog/dangerous-dog-law-basics-in-new-york-state
https://www.agriculture.ny.gov/AI/AILaws/article7.pdf
Other Links: