Requires the commissioner of motor vehicles to establish rules and regulations providing for the postponement of motor vehicle hearings after a plea of not guilty.
STATE OF NEW YORK
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1333
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
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Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to postpone-
ments of hearings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 225 of the vehicle and traffic law is amended by
2 adding a new subdivision 4 to read as follows:
3 4. The commissioner shall promulgate rules and regulations providing
4 for the postponement of hearings. Such rules and regulations shall
5 provide that subsequent to the entry of a plea of not guilty a motorist
6 may request one postponement of a hearing by telephone or by mailing his
7 or her request at least four days before the hearing date, to the hear-
8 ing office where the hearing will be held. Such motorist shall be noti-
9 fied by mail of the rescheduled date of the hearing. A motorist may also
10 request a postponement by appearing in person or through a represen-
11 tative appearing in person (a) at any hearing office, at least one day
12 before the hearing will be held or (b) at the hearing office where the
13 hearing will be held, for good cause shown, on the day of the hearing.
14 For a second or subsequent postponement the motorist or his or her
15 representative shall show good cause. For the purposes of this subdivi-
16 sion, "good cause" shall include, but not be limited to, any of the
17 following: death, serious bodily injury or illness of a member of the
18 motorist's immediate family; illness or serious bodily injury of the
19 motorist; a conflicting court appearance of the motorist's attorney; the
20 motorist's religious observance; or academic examination. Postponements
21 of hearings shall be granted if an attorney conflict is created by an
22 administrative adjournment or police officer unavailability. For a third
23 or subsequent postponement of a hearing by a motorist, the hearing offi-
24 cer may order the posting of security.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00202-01-9
A. 1333 2
1 § 2. This act shall take effect on the one hundred eightieth day after
2 it shall have become a law; provided that any rules and regulations
3 necessary to implement the provisions of this act on its effective date
4 are authorized and directed to be completed on or before such effective
5 date.
