It is important that you keep the Court apprised of your actions. Be sure to notify the Court if you decide to apply for a Plea Reduction or the Traffic Diversion Program. Not appearing on a scheduled Court date can result in your license being suspended.
If you are currently charged with a moving violation [see the list below (Violation Point Table)], this option MAY reduce your charge to a two point non-speeding violation called Failure to Obey a Traffic Control Device OR a lesser non-moving violation. This infraction, Failure to Obey a Traffic Control Device, is a moving violation in New York State that is generally more beneficial than a speed or other moving violation, which may otherwise affect your insurance. The fine on a Failure to Obey a Traffic Control Device can range from $0 to $150; the mandatory surcharge is $93. You may receive 2 points on your license. You will receive a fine and surcharge notice from the court after you plead guilty.
If you would like to choose this option to resolve your ticket, please return the application and requested documents as soon as possible. Certain convictions within the previous 18 months may void your eligibility for a reduction. The District Attorney reserves the right to extend a reduction on a case-by-case basis.
TRAFFIC DIVERSION PROGRAM:
This program was established by Franklin County District Attorney Derek Champagne and is designed to assist people seeking a disposition of their first Vehicle and Traffic violations. The goals and terms of this program are to:
- Promote Safe Driving. Participants are required to complete a Defensive Driving Course
- Promote Driver Financial Responsibility. Participants are required to have a valid automobile insurance policy in effect to be eligible for the program. This request will reduce the number of uninsured drivers on Franklin County roads.
- Efficiently Resolve Cases. The Traffic Diversion Program is designed to free up valuable prosecution resources, allowing the District Attorney's Office to focus on more complex criminal cases. Further, the program can be offered at no additional cost to the taxpayers of Franklin County because the applicant pays for the program.
The Franklin County Traffic Diversion Program is a valuable tool designed to protect the public, promote lawful conduct and reduce inefficiency in the criminal justice system without decreasing services to Franklin County residents.
In order to be eligible for the Traffic Diversion Program you must meet the following requirements:
- You have been charged with an eligible offense;
- You have not been convicted of any moving violation of Vehicle and Traffic Law within the last 18 months;
- You have a valid license and insurance at the time of the offense;
- You are able to pay a non-refundable fee of one hundred and fifty dollars ($150.00) effective April 1, 2011.
"Eligible Offense" means any New York State Vehicle and Traffic violation,
- V&T §1192 Driving Under the Influence of Alcohol or Drug Charge
- V&T §1212 Reckless Driving
- V&T §511 Aggravated Unlicensed Operation
- V&T §1174 Passing a Stopped School Bus
- V&T §600-1a Leaving the scene of an Accident or V&T §600-2a Leaving the scene of a personal injury accident
- V&T §1225-c2 Use of Mobile Telephones
- V&T §1225-d Use of Portable Electronic Device
- Any offense committed in a school or construction zone.* Any sections of the Transportation Law
- Motor vehicle collisions that resulted in physical, serious physical injury or death
If approved for the Traffic Diversion Program, the applicant will be required to complete a defensive driving course (the course for "Point and Insurance Reduction Program") given by an agency approved by the New York State Department of Motor Vehicles (or the licensing agency in the state which the operator maintains a valid license). The course must be completed within sixty (60) days of the date of the approval letter. The course may be completed in a classroom setting or online. Once the applicant completes the Defensive Driving Course, the offender is required to submit proof of completion to the District Attorney's Office. Upon completion of the Traffic Diversion Program, the District Attorney's Office will move to dismiss the pending traffic ticket(s).
A sample list of accepted on-line course providers (for New York State) can be located at: https://dmv.ny.gov/pirp/online
Violation Point Table: