Traffic Diversion

BROOME COUNTY TRAFFIC DIVERSION PROGRAM

     The Broome County District Attorney has implemented a program whereby motorists charged with certain non-serious speeding, moving, and equipment violations may attend a traffic safety course approved by the New York State Department of Motor Vehicles in lieu of a conviction for the traffic offense.  Upon the successful completion of this traffic safety course, the motorist's traffic ticket will be dismissed, there will be no fine or surcharge, and there will be no record of conviction on the motorist's driving record. 

 

Description of the Program:

     Upon acceptance to the program a motorist will be given 60 days to complete a 6 hour traffic safety course approved by the New York State Department of Motor Vehicles.  This course may be completed in a traditional classroom format, or online.  After the motorist successfully completes the course, he or she will receive a certificate of completion from the course, a copy of which must then be forwarded to the District Attorney's Office within the 60 days.  There will be a $150 non-refundable application fee for admittance to the diversion program.

 

Eligibility Requirements:

     To be eligible to enter the traffic diversion program, a motorist must meet the following eligibility requirements:

1.  The motorist must not have previously completed the Broome County Traffic Diversion Program within the preceeding 18 months.

2.  If currently charged with a speeding offense, the motorist must have no previous speeding convictions within the preceeding 18 months.

3.  The motorist must not have been involved in a motor vehicle crash at the time the motorist received the ticket that he/she is seeking to have dismissed.

4.  The motorist must have received only one ticket at the time the motorist was stopped.  (For example, if a motorist was pulled over on January 18, 2012 and at that time received a ticket for speeding and a ticket for failure to maintain lane, that motorist is not eligible for this program.)

5.  If the ticket the motorist wishes to have dismissed is a speeding ticket, it must be for driving less than 25 miles per hour over the posted speed limit.

6.  The motorist must not have had his/her license suspended for failing to answer the ticket he/she seeks to have dismissed through the diversion program.

7.  The motorist must have answered and plead not guilty to the ticket prior to the return/due date listed on the ticket.

8.  The motorist must not have missed any scheduled court appearances without prior approval from the judge.  If accepted to the Diversion program, the motorist must continue to make any scheduled court dates unless excused by the judge.

9.  The motorist must not have been convicted for, or plead guilty to the offense for which you seek dismissal via the diversion program.  (The ticket must be currently pending in a local court, this program may not be entered for old tickets for which the motorist has already plead guilty).

 

Please Note:  If you are not eligible to complete the diversion program, you may still obtain a plea bargain at www.gobroomecounty.com/da/traffic.

 

Eligible Offenses:

 

1.  No Misdemeanor Offenses are eligible.

2.  All speeding offenses wherein the motorist is charged with going less than 25 miles per hour over the speed limit are eligible except for 1180c speeding in a school zone and 1180f speeding in a construction zone.

3.  All equipment violations are eligible excluding misdemeanors and overweight truck violations.  Uninsured Motorist in violation of V.T.L. 319.1 is not eligible.

4.  All moving violations are eligible excluding Failure to stop for a school bus (VTL 1174-b).

5.  Driving While Ability Impaired by Alcohol is not eligible.

6.  Failure to wear a seatbelt is eligible.

6.  Using a Cell Phone without a Hands-Free Device and Texting While Driving is NOT eligible.      

How to Apply:

1.  Before applying, make sure that you have mailed in a plea of not-guilty to the court in which you are charged.  Failure to do so could result in the suspension of your license by the court.

2.  You must obtain a current New York State Driving Abstract from the Department of Motor Vehicles, which is a history of your driving record.  You will be required to submit a copy of this abstract to the District Attorney's Office along with your application.  You can do this by either going to the Department of Motor Vehicles in person, or online at https://my.dmv.ny.gov/crm/.  If you do not have a New York State driver's license, you may submit an official driving history from the department of motor vehicles of the state in which you reside.

3.  You must complete the traffic diversion application.  After completing it, you must mail it to the Broome County District Attorney's Office, along with a copy of your driving abstract, a self-addressed, stamped envelope, and a certified check or money order in the amount of $150, made payable to the Broome County Office of Management and Budget, to:

 

Broome County District Attorney's Office

C/O Traffic Diversion Program

P.O. Box 1766

Binghamton, NY 13902

 

After You Have Been Accepted:

If you are accepted into the traffic diversion program, you will be notified by mail of your acceptance.  Once you receive this notice, you will have 60 days from the date on the notice to complete a New York State Department of Motor Vehicles approved traffic safety course.  The course must be an approved course from the NYS DMV Point Insurance Reduction Program.  A list of approved courses can be found here.  If you have an out of state driver's license, please do not take the course with "American Safety Council," as they will not provide you with proof of completion.  Please note, the fee for the traffic safety course is not included in the $150 administrative fee to enter the diversion program.

IMPORTANT:  YOU MUST MAIL PROOF OF YOUR COMPLETION OF THE COURSE TO THE DISTRICT ATTORNEY'S OFFICE WITHIN THE 60 DAYS, TO THE ADDRESS LISTED ABOVE.

 

Please Note:  If you submit false information on your application for admittance to the diversion program, you will be terminated from the program and your application fee will not be refunded.

 

TO APPLY TO THE BROOME COUNTY DIVERSION PROGRAM, CLICK HERE TO FILL OUT THE APPLICATION.


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