Driver Safety Diversion and Reduction Program

Steuben County District Attorney’s Office
Driver Safety Diversion and Reduction Program
Information Packet
PURPOSE:
The Steuben County Driver Safety Diversion and Reduction Program is an educational
recidivism reduction program. The program offers drivers who are ticketed for relatively
minor traffic infractions, the opportunity to take a 6 hour instructional course. Once the
course is completed the driver may avoid points and other penalties associated with
traffic tickets and at the same time reduce the likelihood that they will re-offend.
DRIVER SAFETY DIVERSION AND REDUCTION PROGRAM DETAILS:
Defendants are offered two possible options.
1. Diversion qualified defendants are given the opportunity to attend the Driver
Safety Diversion Course. On completion of this course, these are the possible
recommendations and outcomes from the courts.
o The District Attorney’s Office will recommend to the Courts to either have
the traffic ticket dismissed or our office will withdrawal the traffic ticket.
o If the court approves of dismissal or our office withdrawals the ticket, you
as the driver will receive no fine and no points accessed to your license.
o This option has an Administration Fee of two hundred fifty dollars
($250.00)
2. Reduction qualified defendants are given the opportunity to attend the Driver
Safety Diversion Course and on completion of this course. These are the
possible recommendations and outcomes from the courts.
o The District Attorney’s Office will offer a reduction from the original offense
issued by law enforcement.
o If the court approves of the reduction request, this will result in a lesser
fine schedule and reduced points accessed by DMV.
§ Note the fines and points accessed are NOT controlled by the
District Attorney’s Office. The Courts control the level of the fines
and DMV sets the points accessed to your driver’s license, per the
offense charged.
o This option has an Administration Fee of one hundred and fifty dollars
($150.00)
The defendant should note that a "typical" moving violation incurs surcharges and fines,
generally costing $200 to $250.00 and carring accessed violation points of 3 to 6.
Further DMV may impose a Pay Driver Responsibility Assessment Fee, for further
information go to http://dmv.ny.gov/tickets/pay-driver-responsibility-assessment .
Consequences for insurance coverage and increased premiums may also occur.
While the Diversion and Reduction Program maintains the financial penalty, in the form
of program fees, it allows drivers to avoid or decrease point sanctions in exchange for
an educational program. Our program is geared to reducing the chances that
defendants will commit another traffic offense.
Those defendants who successfully complete the program will be eligible for a 4 point
reduction on their license and a 10% reduction on their collision and liability insurance
on their primary vehicle for three years.
DSDRP IT Posted Pages: Org. 2013-12-30 / Rev. 2014-06-03
Steuben County District Attorney’s Office
Driver Safety Diversion and Reduction Program
Information Packet
ELIGIBILE TRAFFIC VIOLATIONS:
Any New York State Vehicle and Traffic violation, except for the following offenses:
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Any V&T §1192 Driving Under the Influence of Alcohol or Drug Charge
V&T§1212 Reckless Driving*
Any V&T §511 Aggravated Unlicensed Operation*
Passing a Stopped School Bus
Failure to move for an Emergency Vehicle
Any speed greater than 30 mph over the speed limit*
Leaving the Scene of an Accident*
Accidents resulting in physical injury or death*
Any offense committed in a school or construction zone*
Any CDL violation that occurs during the operation of a commercial vehicle**
The Program has complete discretion in determining who is accepted for diversion.
*NOTE* There is some discretion and those otherwise ineligible may apply for the
program. The driver must complete the paragraph on the application form that
describes any mitigating circumstances.
**NOTE** CDL licensed operators may apply for the Driver Safety Diversion and
Reduction Program for a reduction in the traffic violations committed. The Diversion
Program allows CDL drivers to apply for reduced point sanctions in exchange for an
educational program geared to reducing the chances that they will commit another
traffic offense.
HOW TO APPLY FOR THE PROGRAM:
1. Pled not guilty to the ticket and advise the court in writing that you are requesting
the Driver Safety Diversion Program. Adivising the court of your request gives
the court notice and aides in setting your next court date; either mail in or
appear in court. It is important to keep any and all court dates set by the
court. Failure to appear on a scheduled court date may result in your
license being SUSPENDED. If you require an adjournment of your case, please
contact the court directly. DO NOT call the District Attorney’s Office. The District
Attorney has NO power to grant an adjournment, only the judge has the authority
to grant adjournments. Our office will advise the courts that you have applied for
the program and will request an adjournment, so that the defendant may have
time to compete the program.
2. Complete the Driver Safety Diversion and Reduction Affidavit / Application;
3. Mail the completed Affidavit / Application, a copy of the traffic ticket, a selfaddressed stamped envelope and a Abstract of Driving Record from your
state DMV http://dmv.ny.gov/dmv-records/get-my-own-driving-record-abstract to the
Steuben County District Attorney's Office, Attn: Driver Safety Diversion and
Reduction Program, 3 East Pulteney Square Bath, NY 14810.
DSDRP IT Posted Pages: Org. 2013-12-30 / Rev. 2014-06-03
Steuben County District Attorney’s Office
Driver Safety Diversion and Reduction Program
Information Packet
APPLICATION REVIEW PROCESS:
The ticket and application will be reviewed by the District Attorney's Office. Please
allow fifteen to twenty (15-20) days for processing. DO NOT CALL FOR AN UPDATE.
Our office will mail the defendant an accepted or denied letter. If the defendant is
accepted into the program, they will receive a Notification Letter of Admittance. The
defendant must return the completed Notification Letter of Admittance along with the
accessed Administration Fee. This fee should be submitted in the form of a money
order or certified check made out to “Steuben County Diversion and Reduction
Program.” Mail the Notification Letter of Admittance and Administration Fee within ten
(10) days, to the Steuben County District Attorney's Office, Attn: Traffic Diversion and
Reduction Program, 3 East Pulteney Square, Bath, NY 14810.
The program course is offered one Saturday per month at the Steuben County
Office Building, 3 East Pulteney Square Bath, NY 14810. The program is 6 hours
long with a half-hour lunch break and runs from 9 a.m. until 3:30 p.m. An instructor
certified by the New York State Department of Motor Vehicles, teaches the course.
ALTERNATE PROGRAM ENROLLMENT:
Those drivers who reside in Steuben County or the immediate area will be required to
attend the course offered by this program. If you would like to apply for OUR online
course you may do so. However our office will review these requests individually and
the requester MUST show cause. The request should be noted in the “Mitigating
Circumstances” area of the Diversion and Reduction Affidavit / Application. DO NOT
CALL our office in regards to the online course. If you are approved for the online
course, our office will provide the defendant with an information packet with instructions
to follow. Any additional fees incurred for the Alternate Program will NOT be
covered by the accessed Administration Fee. At this time the online course costs
between $30 to $40 dollars. If there is another alternate program that you would like
our office to review please forward that information along with your Diversion and
Reduction Affidavit / Application. Our clerks are not permitted to approve or discuss
alternate programs so please do not call.
UPON COMPLETION OF THE DIVERSION AND REDUCTION COURSE:
Defendants will receive a completion certificate within approximately 45 days. The
instructor will provide a copy of the class attendance list to the DA’s Office. The DA’s
office will then notify the courts of class completion. DO NOT call the DA’s Office if you
have not received your certificate, the class instructor will provide a point of contact at
the time of the class.
Defendants who attend an alternate class must supply a copy of the completion
certificate to the Steuben County District Attorney's Office, Attn: Traffic Diversion and
Reduction Program, 3 East Pulteney Square Bath, NY 14810 or it can be faxed to (607)
664-2159 Attention: Driver Safety Diversion and Reduction Program
Any defendant who is accepted into the Steuben County Driver Safety Diversion
and Reduction Program and then fails to complete the requirements of the
program forfeits the Administration Fee and will not be refunded.
DSDRP IT Posted Pages: Org. 2013-12-30 / Rev. 2014-06-03
Steuben County District Attorney’s Office
Driver Safety Diversion and Reduction Program
Information Packet
TICKET RESOLUTION:
On completion of this course, Diversion qualified defendants are offered the following:
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The District Attorney’s Office will recommend to the court, to either have the
traffic ticket dismissed or our office will withdrawal the traffic ticket.
If the court approves of dismissal or our office withdrawals the ticket, you as the
driver will receive no fine and no points accessed to your license.
On completion of this course, Reduction qualified defendants are offered the following:
·
·
The District Attorney’s Office will offer a reduction from the original offense
issued by law enforcement.
If the court approves of the reduction request, this will result in a lesser fine
schedule and reduced points accessed by DMV.
o Note the fines and points accessed are NOT controlled by the District
Attorney’s Office. The Courts control the level of the fines and DMV sets
the points accessed to your driver’s license per the offense charged.
IMPORTANT NOTE ON LICENSE SUSPENSION:
The local justice court can suspend your license for failure to answer any traffic ticket in
a timely manner. If you are not timely in applying to this program or answering your
traffic ticket, your license may already be suspended. If your license is suspended there
is a fee associated with lifting that suspension. Please note that participation in the
program will satisfy the traffic ticket, but it will NOT SATISFY suspensions and
suspension fees as a result of your failure to handle your traffic matter in the appropriate
time frame. This is a separate issue entirely and must be handled by you directly with
the local justice court. It is your responsibility to answer your ticket in the appropriate
time frame. It is also your responsibility to keep the local court informed regarding the
status of your participation in this program.
QUESTIONS:
Please direct any questions about the Driver Safety Diversion Program by email to:
[email protected] Please DO NOT contact the court with questions regarding the
Driver Safety Diversion and Reduction Program. Only requests for adjournments should
be addressed to the court. Again, the District Attorney’s Office cannot grant further
adjournments of your court case for the purpose of completing the Driver Safety
Diversion and Reduction Program requirements.
DSDRP IT Posted Pages: Org. 2013-12-30 / Rev. 2014-06-03