11 Jun Long Island Traffic Law: “Original” Waivers For A Reduced Plea
Some town court judges require that attorneys produce a waiver with an original signature instead of a copy to allow the attorney to enter into a reduced plea on behalf of a defendant that is not present in court. There is no basis in law for this. 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 § 210l(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 to the CPL, and therefore traffic tickets, and no originals are required. We also point to the facts on the ground. All filings in Federal court are done electronically. New York State courts in general are also moving slowly 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.
Written By: Benjamin Goldman, An Award Winning Traffic Lawyer in Long Island.
The Benjamin Goldman Law Office 1056 Nielsen Street Suite 4c Far Rockaway, NY 11691 Phone: (516) 350-0774