Microsoft Word - 2 Link from Main Web Page Diversion Information for More Detailed Information, Rights, & Instructions.docx

MADISON COUNTY TRAFFIC DIVERSION PROGRAM

Administered by the Madison County District Attorney’s Office

Pursuant to Madison County Local Law No. 1 of 2020

The Madison County Traffic Diversion Program has been established by the Madison County

Board of Supervisors by Madison County Local Law No. 1 of 2020 in recognition of the fact that the vast

majority of people who receive a traffic ticket are law-abiding citizens who are now facing their first

interaction with the criminal justice system. This program is designed to assist eligible citizens who are

seeking a disposition of their current Vehicle and Traffic Tickets in a way that will both educate them as

to traffic safety and allow them to avoid the potentially negative consequences of a traffic conviction.

Pursuant to the local law, the program is administered by the Madison County District Attorney’s Office.

PLEASE NOTE AND UNDERSTAND THAT IF YOU ARE ACCEPTED INTO THE

PROGRAM BY THE DISTRICT ATTORNEY’S OFFICE AND IF THE COURT APPROVES

THE DIVERSION, THAT PARTICPATING IN THE TRAFFIC DIVERSION PROGRAM – AND

COMPLETING ANY REQUIRED CONDITIONS – DIVERTS YOUR TICKET FROM THE

CRIMINAL JUSTICE SYSTEM AND INTO AN ADMISTRATIVE PROCESS THAT RESULTS

IN THE DISMISSAL OF YOUR TICKET(S).

Please also note that the Madison County District Attorney’s Office reserves the right in

their sole discretion to approve or deny any application for participation in the Traffic Diversion

Program as well as to make such exceptions to program eligibility as they in their sole discretion

determine. The approval of the District Attorney’s office must also be accepted by the Court.

If you are not eligible to participate in diversion, if the District attorney denies your

participation, or if the Court does not approve the diversion, you will have to make arrangements

to appear in Court and contact them either for a trial or a new court date. You can also contact the

District Attorney’s Office to discuss an alternative disposition.

KNOW YOUR RIGHTS

Before applying to participate in traffic diversion, know your rights:

 You have a right to a trial;

 You have the right to retain an attorney to represent you. (However, you do not have the right to

have an attorney appointed to you free of charge on a traffic ticket unless it is for a misdemeanor

offense.);

 You are presumed innocent and the burden of proving your guilt beyond a reasonable doubt is

always on the prosecution;

 You have a right to cross-exam the witnesses against you and to call witnesses to testify on your

behalf;

 You have a right to discovery under Article 245 of the New York State Criminal Procedure Law;

 You have a right to a speedy trial under the Federal Constitution, the State Constitution, and the

New York State Criminal Procedure Law;

 BY APPLYING AND BEING ACCEPTED TO PARTICPATE IN THE TRAFFIC

DIVERSION PROGRAM YOU WILL GIVING UP THESE RIGHTS AND AGREEING

TO DIVERT YOUR TICKET(S) OUT OF THE CRIMINAL JUSTICE SYSTEM.

DIVERSION PROGRAM GOALS

 Promote Safe Driving: Participants in the Traffic Diversion Program will generally be required to

complete a Defensive Driving Course. This requirement can be waived in rare circumstances and is

designed to increase awareness of safe driving habits and reduce the rate of repeat traffic offenders.

 Promote Driver Financial Responsibility: Participants in the Traffic Diversion Program are required

to have a valid driver’s license and an automobile insurance policy in effect for the car that was driven

in order to be eligible to participate.

 Efficiently Resolve Cases: The Traffic Diversion Program is designed to provide a means to educate

the public and to allow eligible citizens the opportunity to earn the right to resolve their case without

points being added to their license or increased automobile insurance costs.

PARTICIPANT BENEFITS

 You will derive the educational benefits from the Defensive Driving Course;

 You may receive a 10% reduction in your automobile insurance costs;

 You will remove up to four points from your driving record;

 You will have your ticket dismissed and it will not appear on your driving record.

ELIGIBILITY

PLEASE NOTE that the Madison County District Attorney’s Office reserves the right to use our

discretion to approve or deny any applicant. Being “eligible” for the program does NOT automatically

ensure your participation in the program. Exceptions to eligibility requirements may be granted on a case-

by-case basis and in the discretion of the District Attorney’s Office.

If you are not represented by an attorney, you are asked to first submit an application for diversion

by going to the following link: https://madisonny.diversionconnect.com/

Even if you believe that you are not eligible, you should apply. The materials gathered as part of

your application are needed to arrive at an appropriate offer and will save you time. If for any reason

you are found not eligible, the administrative fee will be refunded to you. The only exception to a

refund is if you are eligible and you fail to complete any conditions required as part of your

participation – for example, a Defensive Driving Course.

You should follow the instructions on the website. Once you have completed the registration, your

application will be reviewed by the District Attorney’s Office and both you and the Court will be notified

by email of the determination as to eligibility to participate in diversion. If accepted, complete the

conditions and submit the proof of their completion as per the instructions in the email. Once this is done,

the District Attorney will prepare and send an email to you and the Court requesting that the Court dismiss

the ticket(s). If the Court grants the motion, your case is dismissed and you will not be responsible for

any fines or surcharges. You will also not have to personally appear in Court.

FEE WAIVER FOR INDIGENCY

IF YOU ARE INDIGENT AND QUALIFY AS SUCH UNDER THE FEDERAL POVERTY

GUIDELINES, THE ADMINISTRATIVE FEE CAN BE WAIVED. TO APPLY FOR A WAIVER,

YOU MUST SUBMIT AN AFFIDAVIT THAT CAN BE FOUND AS PART OF THE APPLICATION

PROCESS OR IS ALSO AVAILABLE BY CLICKING ON THIS LINK: Application for

Administrative Fee Waiver

THE COMPLETED FEE WAIVER MUST BE SUBMITTED ALONG WITH YOUR

APPLICATION PAPERWORK THAT YOU WILL SUBMIT AT THE FOLLOWING LINK:

https://madisonny.diversionconnect.com/

AFTER REVIEW OF THE FEE WAIVER APPLICATION WHICH YOU SUBMIT ALONG

WITH THE MATERIALS THAT ARE PART OF YOUR DIVERSION APPLICATION, THE

DISTRICT ATTORNEY WILL DETERMINE IF YOU FOR THE WAIVER OF THE

ADMINISTRATIVE FEE. PLEASE UNDERSTAND THAT EVEN IF YOUR FEE WAIVER IS

APPROVED, YOU MIGHT IN THE ALTERNATIVE BE REQUIRED TO COMPLETE A

DIFFERENT CONDITION SUCH AS PERFORMING COMMUNITY SERVICE AT A NOT-FOR-

PROFIT AGENCY. ALSO, YOU WILL NORMALLY STILL HAVE TO COMPLETE A DEFENSIVE

DRIVING COURSE.

PLEASE NOTE THAT UNTIL A MOTION TO DISMISS IS MADE, YOU ARE

RESPONSIBLE TO OBTAIN ANY NEEDED ADJOURNMENTS OF SCHEDULED COURT

APPEARANCES FROM THE COURT.

DEFENSIVE DRIVING COURSE (DDC)

As set out above, participants in the Traffic Diversion Program will normally be required to

complete a Defensive Driving Course approved by the New York State Department of Motor Vehicles.

For New York State residents, the District Attorney’s Office accepts any course approved by the

NYS Department of Motor Vehicles. For out-of-state or out-of-country residents, the District Attorney’s

Office will accept any in-person or online course offered in your home jurisdiction or the jurisdiction in

which you reside.

The cost of the course is in addition to the cost of participating in the program. Once the applicant

completes the Defensive Driving Course, proof of completion should be submitted as per the instructions

in your email accepting you into diversion.

For New York State residents, a list of approved providers can be found at the following link:

https://dmv.ny.gov/pirp/online

The cost can vary, but when the links were last checked at least one provider was offering the

online course for $29.95.

More information about the New York State DMV Point and Insurance Reduction Program can

be found at the following link: https://dmv.ny.gov/tickets/point-insurance-reduction-program

IF YOU ARE NOT APPROVED FOR PARTICIPATION IN THE

TRAFFIC DIVERSION PROGRAM

1. You must appear at your next scheduled court date unless you obtain a further adjournment. It is

your responsibility to obtain any needed adjournments;

2. You can also contact the Court to schedule a conference with the District Attorney’s Office to see

if there is an alternative negotiated disposition to your ticket;

3. You will still have all the rights set out above including your right to discovery and a trial;

4. You will still have the ability to retain an attorney to represent you.

QUESTIONS

Once you have clicked on the link to apply for Traffic Diversion, you can reach the Help Desk toll

free at 866-250-6050 or by email at [email protected]. Both are maintained by Diversion

Management who have been authorized by the Madison County District Attorney’s Office to process the

information and materials necessary for the District Attorney’s review of your application.