[Added 12-18-2012 by L.L. No. 9-2013[1]]
A.Â
A person charged with an infraction that shall be disposed of by
the Agency may be permitted to answer, within a time specified by
the Agency, either in person at the Agency or by written power of
attorney in such form as prescribed herein, by paying the applicable
fine and, in writing, waiving a hearing in court, pleading guilty
to the charge or admitting liability as an owner for the violation
of § 1111(d) of the Vehicle and Traffic Law, and authorizing
the Executive Director or his or her designee to enter such a plea
or admission and accept payment of said fine. Acceptance of the applicable
fine and power of attorney by the Agency shall be deemed complete
satisfaction for the violation or the liability.
B.Â
If a person charged with a traffic violation does not answer within the time specified by the Agency as set forth in Subsection A of this section, the Agency may cause a complaint to be entered against him and warrant to be issued for his arrest and appearance before the District Court, such summons to be predicated upon the personal service of said summons upon the person charged with the infraction.
C.Â
Any person who shall have been, within the preceding 12 months, guilty
of a number of parking violations in excess of such minimum number
as may be designated by the District Court, or of three or more violations
other than parking violations, shall not be permitted to appear and
answer to a subsequent violation at the Agency, but must appear in
District Court of Suffolk County at a time specified by the Agency.
D.Â
The Agency shall not be authorized to deprive a person of his right
to counsel or to prevent a person from exercising his or her right
to appear in District Court of Suffolk County to answer, explain or
defend any charge of a traffic or parking infraction.
E.Â
The power of attorney referred to in Subsection A of this section shall be in the following form:
"POWER OF ATTORNEY: The undersigned pleads guilty to the charge
noted herein and encloses herewith the sum of $_____ cash, check or
money order to pay the necessary fine (circle the one used).
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I hereby appoint the Clerk of the Suffolk County Traffic and
Parking Violations Agency as my attorney-in-fact to appear for me
in said Agency, to waive a hearing on such violation(s), to enter
a plea of guilty on my behalf and to pay the fine.
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_________________________
PRINT NAME
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_________________________
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SIGNATURE
_________________________
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NOTARY
_________________________
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