Yates County Traffic Diversion Program

Yates County District Attorney Todd. J. Casella

Introduction 

All individuals charged with a violation of the Vehicle and Traffic Law seeking a reduction will be resolved by the offender participating in a traffic diversion program, with few exceptions. The goal of this program is to educate motorists on driver safety and the rules of the road to prevent future infractions. This serves the dual purpose of making our roadways safer and providing a meaningful method of holding individuals accountable for violations of the vehicle and traffic law. Successful completion of the program will result in the charges against you being dismissed or withdrawn, resulting in no points on your driver’s license.

Eligibility

The District Attorney’ Office retains the right to reject any applicant who would otherwise be eligible. In order to be eligible to participate in the Traffic Diversion Program you must meet the following criteria:

  • You are charged with a qualifying offense (see below);
  • You are NOT charged with multiple moving violations;
  • You have not been convicted of any moving violation of the Vehicle and Traffic Law within the last 18 months, or any DWI or vehicular homicide in the last 10 years;
  • You pay an application fee of $250 for traffic infractions or $350 for misdemeanor offenses (Hardship applications will be entertained, but will require additional documentation. See Hardship section);
  • You have not previously participated in a Traffic Diversion Program in the previous 24 months;
  • Be able to complete a driver’s education course;
  • You are NOT be under the supervision of probation or parole at the time of the offense and are charged with a misdemeanor.

Eligible Offenses

“Eligible offense” means any New York State Vehicle offense, but specifically excludes the following:

  • Any offense involving a violation of V&T §1192, Driving under the influence of alcohol and/or drugs;
  • V&T §1212 Reckless Driving;
  • V&T §511 2 and 3 Aggravated Unlicensed Operation 2nd and 1st Degree;
  • Any offense involving a school bus;
  • Speeding in a School Zone;
  • Speeding in a Work zone;
  • Any offense involving the failure to comply with a police officer and or flag person;
  • Any speed greater than 30 mph over the speed limit;
  • Leaving the scene of a property damage accident or personal injury accident;
  • Any offense resulting in physical injury or death;
  • V&T 1144 Failure to move over for an emergency vehicle;
  • Ignition interlock offenses;
  • V&T 1225-(c)(2) and (d) Use of mobile phone or portable electronic devices (A separate program is offered for these offenses. Submit the same paperwork for requested for consideration).

Instructions for Applying

The traffic diversion program is an online program administered by Adventfs. In order to apply you must submit the following materials to the Yates County District Attorney’s Office at 415 Liberty St. Penn Yan, NY 14527. Please allow 7 -10 business for processing:

  • Copy of you traffic ticket(s)/charge(s);
  • Copy of certified DMV driving abstract/history from the state where your license was issued;
  • A self-addressed and stamped envelope;
  • You must contact the Court and request an adjournment of 60 days to apply for and complete the program;
  • If you were involved in a property damage accident, you MUST submit proof that your insurance has accepted 100% liability for the damages.

It is important that you keep any court dates set by the Court. Failure to appear on a scheduled Court date may result in your license being suspended. The District Attorney’s Office cannot grant adjournments and will not notify the Court of your application to the program.

If you are accepted into the program you will receive a notification of your acceptance to the program and further instructions to complete the program. Those instructions will include a waiver of your right to a speedy trial and discovery.

If you are deemed to be ineligible for the program you will receive a letter so informing you and advising you as to the People’s position concerning any offers.

Failure to complete the Program

If you apply for or request the opportunity to apply for the diversion program and fail to complete the program within 60 days of the issuance of the ticket you will be deemed to have rejected the opportunity to do so and will therefore be ineligible to participate in the program. Your options will then be either enter a guilty plea or to appear in Court and enter a not guilty plea.

Hardship Applications

The fees for participating in this program are fixed based on the seriousness of the offense and the fines and surcharges that would be imposed by the Court if you were convicted. However, if you can demonstrate a financial hardship by submitting supporting documentation to demonstrate that you are unable to afford the application fee the District Attorney’s Office will consider waving a portion of the fee. This determination will be at the discretion of the District Attorney’s Office and will be based on the accuracy and sufficiency of the materials submitted to support the application.