(Res. of 12-6-2010)
(a)
Time of entry.
(1)
A plea shall be entered within 15 days after service of the summons, or at the first business day thereafter, or such other time as is defined by § 63-2 of the Code of the Village of Freeport.
(2)
A plea may be entered in person or by representative at the
Freeport Traffic Violations Bureau, 40 North Ocean Avenue, Freeport,
New York 11520, or by mail to the aforementioned address or such other
address as is stated on the summons.
(3)
A properly offered plea submitted by mail may not be rejected
if received within 20 days after service of the summons. A plea is
properly offered if it conforms to the form of plea requirements of
Sec. 100(b). A rejected plea is treated as an unanswered summons for
the purposes of the penalty provisions of the VTR.[1]
[1]
Editor's Note: The Vehicle and Traffic Regulations.
(b)
Form of plea. The respondent shall enter the desired plea on the
back of the summons by:
(c)
Guilty plea; payment.
(1)
Pleas of guilty shall be accompanied by a check or money order
for the payment in full of the scheduled fines as listed in Sec. 6
and the penalties as listed in Sec. 110. The Bureau may reject a guilty
plea that is not accompanied by full payment or that results in a
dishonored check. A rejected guilty plea is treated as an unanswered
summons and may incur penalties in accordance with Sec. 110. The Bureau
is authorized to toll the penalty statute to allow the respondent
time to submit a proper plea and payment.
(2)
A guilty plea once accepted by the Bureau is a final disposition
of the charge, enforceable by judgment against the registered owner
or representative.
(d)
Not-guilty plea.
(1)
The respondent may submit proof of registration, insurance,
repair, handicap permit or other documentation as a defense to the
alleged violation where said proof is relevant to the charge. Handicap
permits must be accompanied by a copy of a valid registration and
other proof as required by the Bureau.
(2)
The Bureau shall advise the respondent of the sufficiency of
the proof tendered, of the additional documentation necessary or that
the issue cannot be resolved with documentary proof and instead requires
a hearing.
(a)
Upon receipt of a plea of not guilty, the Bureau shall advise the
respondent in person or by such form of first-class mail as the Village
Justice shall prescribe of the date, time, and place on which the
respondent must appear for a conference before the court.
(b)
The respondent may provide at such conference such evidence or explanation
either in defense of the violation charged or in mitigation of the
fine and/or penalty.
(c)
The Court may determine the disposition of the case at the conference
as either a final disposition or mark the case for a hearing and subpoena
the charging officer.
(a)
Any person who shall violate or fail to comply with any of the provisions
of the VTR or who shall counsel, aid, or abet any such violation or
failure to comply shall be deemed guilty of a traffic infraction.
(b)
Upon the failure of a person or owner of a vehicle to appear or answer, on or before the return date or any subsequent adjourned date, a summons or summonses charging that said person or owner permitted a vehicle to be parked, stopped or standing in violation of provisions enumerated in Sec. 6 of this VTR and Chapter 63 of the Code of the Village of Freeport, late penalties shall be imposed as follows:
(1)
If the aforementioned fine shall not be paid within 15 days
from the date summons is returnable or adjourned, a late penalty equal
to the original fine shall be added to the fine;
(2)
If the fine is still not paid within 45 days from the return
date or adjourned date, a second late penalty equal to the original
fine shall be added to the fine;
(3)
If the fine is still not paid within 75 days from the return
date or adjourned date, a third late penalty equal to the original
fine shall be added to the fine.
Upon failure to answer and/or default, the court may add an
administration fee up to 30% of the outstanding balance.
