Violator’s Rights

• You have the right to have your violation addressed through the court system.
• You have the right to have your violation reviewed by a judge.
• You also have the right to have an attorney represent you and the court may determine that you are eligible for a free attorney if you cannot afford one.
• If you choose to go to court, you or your attorney have the right to discovery of records involved as well.

If you register for the diversion program and are approved, you will not need to attend court and your penalties will be far less than if found guilty. This is possible because this program is not about punishment, but rather public safety and respect.

This program is designed to make our community safer for everyone. In order for the program to work, however, you must, if accepted, waive all claims to a speedy trial and discovery. When accepted into the program, you will receive a notification and the District Attorney’s Office will advise the court to adjourn your case while you complete the program.

In the event you fail to complete the program within sixty (60) days of the date of acceptance into the program, you will be required to contact the court and to appear in court on a date provided to you by the court or your driving privileges may be suspended without further notice, as well as other additional sanctions.

Upon successful completion of the program (within the allotted time), you and the court will receive notification that the County District Attorney’s Office is withdrawing the violations pending against you.

The Registration Form has the following language which you must sign:

• I hereby understand that by registering as a participant in the Traffic Diversion Program, I am waiving my right to a speedy trial, pursuant to Article 30 of the Criminal Procedure Law, and that I will not receive any further discovery to which I am entitled pursuant to Article 245 of the Criminal Procedure Law,
• I am hereby requesting an adjournment of the case for at least sixty (60) days so that I have adequate time to complete the Traffic Diversion Program offered to me. I agree that failure to respond to the information sought or the giving of false or incorrect information on this registration form is grounds to deny me Diversion or remove me from the program.
• I acknowledge that I understand that it is a crime punishable as a Class A Misdemeanor under the laws of New York for a person in and by a written instrument to knowingly make a false statement or to make a statement, which such person does not believe is true and pledge that I have not done so on the Registration Form.
• Warning: If you have not received a notice by email, text, or any other form of communication from the District Attorney’s office that your Traffic Diversion registration was approved, you must appear at the date and time indicated. Failure to do so will result in suspension of your license and other possible sanctions. You will lose the registration fee you have paid.

If you have any questions, please contact Diversion Management at 585.250.6050.