ALBANY - Legislation headed to Gov. David Paterson's desk would authorize state troopers to plea bargain traffic tickets in local courts, ending a nearly two-year-old ban on the practice.
The measure, passed by lawmakers last month before they adjourned, would undo the state police policy implemented Sept. 1, 2006. Previously in some courts troopers directly discussed with drivers reducing tickets to lesser infractions in return for guilty pleas.
“What happened is the state police ceased appearing in traffic courts across the state of New York to listen to people who had received tickets,” said Assemblyman Stephen Hawley, a Republican from Batavia. “And they were no longer able to plea bargain with local courts.”
State police issued 1 million traffic tickets in 2007, most answered in municipal courts that count on revenue from the fines. The measure has not yet reached Paterson's desk, spokesman Morgan Hook said Thursday. It will be reviewed, he said.
The legislation would allow troopers to appear in court, when authorized by district attorneys, and would prohibit the state police administration from making regulations or otherwise limiting their ability to modify petty traffic charges.
Hawley said it would help municipalities financially, since some had to hire prosecutors or designate lawyers to handle traffic cases. It should also make it easier for drivers to settle cases and with fewer trips to court, he said.
“You usually need three to tango, if you will,” said Hawley. “You need the judge, you need the prosecutor, sometimes it's an assistant district attorney, and you need the officer who issued the citation to all agree with the individual who got the citation.”
Sgt. Kern Swoboda, spokesman for the state police, said policy never prohibited plea bargaining itself, and only kept troopers from going to court and plea bargaining tickets. “Cities, towns and villages have the authority to prosecute those tickets. They also have the right as part of their prosecutorial responsibilities to accept plea bargains. That's not our responsibility,” he said.
A March 1, 2006 letter to prosecutors from state police counsel Glenn Valle noted the agency had a long-standing rule that prohibited troopers from plea bargaining. “In some counties and municipalities, however, all prosecutorial duties relating to traffic infraction cases, including plea bargaining, has, by default or design, been left to the arresting police officer,” he wrote
Valle said the old practice had “an inherent outward appearance of unfairness” since the motorist had to bargain with his or her arresting officer or accuser, as well as the primary prosecution witness. Many drivers later sent complaint letters, he wrote.
“We firmly believe that equitable considerations dictate that an accused motorist should have the opportunity in the court adjudication process to discuss and negotiate their case with an independent prosecutor, and not be required to negotiate with the arresting officer,” Valle wrote. Troopers would still go to court to testify, though they were actually called on to do that “only in extremely rare cases.”
Valle also noted that overtime for traffic court appearances for troopers had “risen dramatically.”
Hawley said town justices urged him to push the legislation. He suggested there might be a way for the 5,000-member state police to manage schedules to avoid overtime.
“What happened is the state police ceased appearing in traffic courts across the state of New York to listen to people who had received tickets,” said Assemblyman Stephen Hawley, a Republican from Batavia. “And they were no longer able to plea bargain with local courts.”
State police issued 1 million traffic tickets in 2007, most answered in municipal courts that count on revenue from the fines. The measure has not yet reached Paterson's desk, spokesman Morgan Hook said Thursday. It will be reviewed, he said.
The legislation would allow troopers to appear in court, when authorized by district attorneys, and would prohibit the state police administration from making regulations or otherwise limiting their ability to modify petty traffic charges.
Hawley said it would help municipalities financially, since some had to hire prosecutors or designate lawyers to handle traffic cases. It should also make it easier for drivers to settle cases and with fewer trips to court, he said.
“You usually need three to tango, if you will,” said Hawley. “You need the judge, you need the prosecutor, sometimes it's an assistant district attorney, and you need the officer who issued the citation to all agree with the individual who got the citation.”
Sgt. Kern Swoboda, spokesman for the state police, said policy never prohibited plea bargaining itself, and only kept troopers from going to court and plea bargaining tickets. “Cities, towns and villages have the authority to prosecute those tickets. They also have the right as part of their prosecutorial responsibilities to accept plea bargains. That's not our responsibility,” he said.
A March 1, 2006 letter to prosecutors from state police counsel Glenn Valle noted the agency had a long-standing rule that prohibited troopers from plea bargaining. “In some counties and municipalities, however, all prosecutorial duties relating to traffic infraction cases, including plea bargaining, has, by default or design, been left to the arresting police officer,” he wrote
Valle said the old practice had “an inherent outward appearance of unfairness” since the motorist had to bargain with his or her arresting officer or accuser, as well as the primary prosecution witness. Many drivers later sent complaint letters, he wrote.
“We firmly believe that equitable considerations dictate that an accused motorist should have the opportunity in the court adjudication process to discuss and negotiate their case with an independent prosecutor, and not be required to negotiate with the arresting officer,” Valle wrote. Troopers would still go to court to testify, though they were actually called on to do that “only in extremely rare cases.”
Valle also noted that overtime for traffic court appearances for troopers had “risen dramatically.”
Hawley said town justices urged him to push the legislation. He suggested there might be a way for the 5,000-member state police to manage schedules to avoid overtime.
