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N.Y. Comp. Codes R. & Regs. tit. 15 § 123.5 : Department of Motor Vehicles — REGULATIONS OF THE COMMISSIONER — Administrative Adjudication Of Traffic Violations — Pleas And Appearances — Personal appearance required
Text
(a)
A motorist may not plead guilty by mail, and must appear before an administrative law judge on or before the date of appearance, if:
(1)
considering the motorist's prior driving record, a conviction on this charge would result in the motorist being considered a persistent violator in accordance with Part 131 of this Title; or
(2)
a conviction on this charge would result in a mandatory suspension or revocation of his or her license or driving privileges;
(3)
the charge alleges that the motorist was driving 30 miles per hour or more above the speed limit, or any speeding offense where the motorist has been previously convicted of a speeding offense committed within the last six months;
(4)
[Reserved]
(5)
the charge alleges a violation of section
509
of the Vehicle and Traffic Law, and the motorist has two prior convictions of such section within the preceding 10 years;
(6)
the motorist is the holder of a class DJ or MJ driver's license;
(7)
the motorist is the holder of a license issued pursuant to section
530
or
1196
of the Vehicle and Traffic Law;
(8)
the motorist's license or driving privileges were under suspension or revocation at the time the summons was issued; or
(9)
the commissioner so requires, considering the facts and circumstances surrounding the alleged violation.
(b)
If a motorist pleads guilty in a case in which a personal appearance is required, the procedure to be followed when he or she appears at a hearing office is the same as for a guilty with an explanation plea.
N.Y. Comp. Codes R. & Regs. Tit. 15 § 123.5
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