NCJ Number
66410
Date Published
1980
Length
25 pages
Annotation
THIS POLICY BRIEF OUTLINES THE BENEFITS OF USING ADMINISTRATIVE ADJUDICATION PROCEDURES INSTEAD OF CRIMINAL COURT ACTIONS FOR SETTLING TRAFFIC VIOLATIONS AND DISCUSSES THE ACTIONS NEEDED TO CHANGE THE SYSTEM.
Abstract
IT DESCRIBES THE ESTABLISHMENT OF AN ADMINISTRATIVE ADJUDICATION BUREAU WITHIN NEW YORK STATE'S DEPARTMENT OF MOTOR VEHICLES AND THE TRANSFER OF CASES INVOLVING NONMOVING INFRACTIONS TO THE PARKING VIOLATIONS BUREAU OF THE CITY'S TRANSPORTATION ADMINISTRATION. KEY FEATURES OF AN IMPROVED SYSTEM OF TRAFFIC OFFENSE ADJUDICATION ARE LISTED. BENEFITS ARE OUTLINED, INCLUDING REDUCED COSTS, INCREASED REVENUES, REDUCED STRAIN ON CRIMINAL RESOURCES, CITIZEN SATISFACTION, AND IMPROVED CASE PROCESS AND OUTCOME. AN AGENDA FOR ACTION DESCRIBES TWO POSSIBLE APPROACHES--ADMINISTRATIVE ADJUDICATION OR A MODIFIED JUDICIAL SYSTEM--AS THE KEY DECISION AN INITIAL FEASIBILITY STUDY SHOULD ADDRESS. OTHER STEPS IN CHANGING THE SYSTEM INCLUDE DEVELOPING CONSENSUS AND SUPPORT THROUGH A CONFERENCE OR MEETING OF STATE LEADERS, AND REVISING OR AMENDING EXISTING STATUTES GOVERNING TRAFFIC ADJUDICATION THROUGH DECRIMINALIZATION AND DESIGNATION OF ADJUDICATION AUTHORITY AND PROCEDURES. FIGURES ILLUSTRATE THE TRAFFIC OFFENSE ADJUDICATION PROCESS MODEL AND THE STATUS OF ALL STATES IN DECRIMINALIZING MINOR OFFENSES AND DEVELOPING ADJUDICATION ALTERNATIVES. APPENDIXES PROVIDE EXAMPLES OF RELEVANT NEW YORK STATE LEGISLATION. SOURCES FOR FURTHER INFORMATION AND ASSISTANCE ARE LISTED, INCLUDING DETAILED GUIDELINES FOR CONDUCTING AN INITIAL FEASIBILITY STUDY BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.