Does the Court need an Original Waiver Form to Allow my Attorney to Appear in Court on my Behalf?

New York State Law allows motorists to waive their personal appearance in court for a traffic ticket. The law allows an attorney to adjudicate and resolve the case while you stay home. In order to avoid appearing in court, a defendant must sign an “Authorization” or “Waiver” in which they acknowledge that they are waiving certain rights by not appearing in court and authorizing their attorney to handle the entire case.

There is no uniform Authorization form, and the document utilized varies from attorney to attorney. Some judges required that the form be signed before a Notary Public. This policy is not required by law, but it is merely within the discretion of the judge. Some judges require that the authorization have an original signature and will not accept a copy. The vast majority of courts do not have this policy. As far as we are aware, the only courts that still require an original signature is the Beacon City Court, Monroe Village Court, and Fallsburg Town Court.

There does not appear to be a basis in law requiring an original signature. CPL § 380.40 makes no mention of an original waiver, nor is “original” mentioned in CPL § 380.40, CPL § 340.20, CPL § 340.50(2), VTL § 1805, or in any other statute in connection with traffic tickets, as far as we are aware. CPLR § 2101(e) states: “Copies. Except where otherwise specifically prescribed, copies may be served or filed.” CPL § 60.10 states: “Unless otherwise provided by statute the rules of evidence applicable to civil cases are also applicable to criminal proceedings.”

Taken in tandem, these statutes indicate that the rules for copies in the CPLR apply to the CPL. Therefore no original paperwork would be needed to adjudicate a traffic infraction. We also point to the facts on the ground. All filings in Federal court are done electronically. New York State courts in general have moved towards exclusive e-filing. It is incongruous when a court requires an original waiver to get a traffic ticket reduced to a parking ticket, but courts with far more serious matters will not even accept an original document if proffered.

The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. We handle all types of traffic-related charges and can help with any traffic court in New York State. Our firm accepts cases from the eastern tip of Long Island to courts in the Thousand Islands region of New York. We handle simple stop sign tickets and serious charges like driving with a suspended license. Our firm has a high success rate and will be glad to help with your case. Consultations are free.