Section 155. Traffic infraction  


Latest version.
  • The  violation of any provision of this
      chapter, except articles forty-seven and forty-eight,  or  of  any  law,
      ordinance,  order,  rule  or  regulation regulating traffic which is not
      declared by this chapter or other law of this state to be a  misdemeanor
      or  a  felony.  A  traffic  infraction is not a crime and the punishment
      imposed therefor shall not be deemed for any purpose a penal or criminal
      punishment and shall not affect or impair the credibility as  a  witness
      or  otherwise  of any person convicted thereof. This definition shall be
      retroactive and shall  apply  to  all  acts  and  violations  heretofore
      committed  where such acts and violations would, if committed subsequent
      to the taking effect of this section, be included within the meaning  of
      the  term  "traffic  infraction"  as  herein  defined.  Except  in those
      portions  of  Suffolk  county  for  which  a  district  court  has  been
      established,  outside  of  cities  having  a population in excess of two
      hundred thousand in which administrative tribunals have heretofore  been
      established, courts and judicial officers heretofore having jurisdiction
      over  such  violations shall continue to do so and for such purpose such
      violations shall be  deemed  misdemeanors  and  all  provisions  of  law
      relating  to misdemeanors except as provided in section eighteen hundred
      five of this chapter and except as herein otherwise  expressly  provided
      shall  apply  except  that  no  jury  trial shall be allowed for traffic
      infractions. In those portions of Suffolk county for  which  a  district
      court  has been established, and in cities having a population in excess
      of  two  hundred  thousand  in  which  administrative   tribunals   have
      heretofore  been  established,  the  criminal  courts  of such cities or
      portions  of  Suffolk  county  in  which  a  district  court  has   been
      established  shall have jurisdiction to hear and determine any complaint
      alleging a violation constituting  a  traffic  infraction,  except  that
      administrative  tribunals  heretofore  established  in  such  cities  or
      portions  of  Suffolk  county  in  which  a  district  court  has   been
      established  shall have jurisdiction to hear and determine any charge of
      an offense which is a traffic infraction, except  parking,  standing  or
      stopping.  In  cities  having  a  population  in  excess  of two hundred
      thousand  in  which  administrative  tribunals  have   heretofore   been
      established,  and  any  such  administrative tribunal established by the
      city of Yonkers, the city of Peekskill, or the city  of  Syracuse,  such
      tribunals shall have jurisdiction to hear and determine any charge of an
      offense  which  is  a  parking, standing or stopping violation. Any fine
      imposed by an administrative tribunal shall  be  a  civil  penalty.  For
      purposes  of  arrest  without a warrant, pursuant to article one hundred
      forty of the criminal procedure  law,  a  traffic  infraction  shall  be
      deemed an offense.