Section 1806-A. Default judgment in cases of failure to answer  


Latest version.
  • 1. In the
      event a person charged with a traffic infraction does not answer  within
      the time specified, the court having jurisdiction, other than a court in
      a  city over one million population may, in addition to any other action
      authorized by law, enter a plea of guilty on behalf of the defendant and
      render a default judgment of a fine determined by the court  within  the
      amount authorized by law. Any judgment entered pursuant to default shall
      be  civil  in  nature,  but  shall  be  treated  as a conviction for the
      purposes of this section.   However, at  least  thirty  days  after  the
      expiration  of  the  original  date  prescribed  for entering a plea and
      before a plea of guilty and a default  judgment  may  be  rendered,  the
      traffic  violations bureau or, if there be none, the clerk of the court,
      shall notify the defendant by  certified  mail:  (a)  of  the  violation
      charged;  (b)  of the impending plea of guilty and default judgment; (c)
      that such judgment will be filed with the county clerk of the county  in
      which  the  operator or registrant is located, and (d) that a default or
      plea of guilty may be avoided by entering a plea or making an appearance
      within thirty days of the sending of such notice. Pleas  entered  within
      that  period  shall  be in a manner prescribed in the notice. In no case
      shall a default judgment and plea of guilty be rendered  more  than  two
      years  after  the  expiration  of  the  time  prescribed  for originally
      entering a plea. When a person has entered a plea of not guilty and  has
      demanded  a hearing, no fine or penalty shall be imposed for any reason,
      prior to the holding of the hearing which  shall  be  scheduled  by  the
      court of such city, village or town within thirty days of such demand.
        2. The filing of the default judgment with the county clerk shall have
      the  full  force and effect of a judgment duly docketed in the office of
      such clerk and may be enforced in the same  manner  and  with  the  same
      effect  as  that provided by law in respect to executions issued against
      property upon judgments of a court of record  and  such  judgment  shall
      remain  in  full  force  and  effect for eight years notwithstanding any
      other provision of law.
        3. Notwithstanding the provisions of subdivision one of this  section,
      a  traffic  violations  bureau  or,  if  there be none, the clerk of the
      court, shall have two years from the effective date of this act to serve
      notice upon an operator or owner of  a  motor  vehicle  charged  with  a
      traffic  violation  who  has  not answered within the time specified and
      prior to the effective date of this act.
        4. In the event a person charged with a  parking  violation  does  not
      answer  within  the  time  specified,  a  traffic and parking violations
      agency may, in addition to any other action authorized by law,  enter  a
      plea  of guilty on behalf of the defendant and render a default judgment
      of a fine determined by the judicial hearing officer within  the  amount
      authorized  by  law.  Any  judgment entered pursuant to default shall be
      civil in nature, but shall be treated as a conviction for  the  purposes
      of  this  section. However, at least thirty days after the expiration of
      the original date prescribed for entering a plea and before  a  plea  of
      guilty  and  a default judgment may be rendered, the traffic and parking
      violations agency shall notify the defendant by certified mail:  (a)  of
      the  violation  charged; (b) of the impending plea of guilty and default
      judgment; (c) that such judgment will be filed with the county clerk  of
      the  county in which the operator or registrant is located, and (d) that
      a default or plea of guilty may be avoided by entering a plea or  making
      an  appearance  within  thirty days of the sending of such notice. Pleas
      entered within that period shall  be  in  a  manner  prescribed  in  the
      notice.  In  no  case  shall  a  default  judgment and plea of guilty be
      rendered more than two years after the expiration of the time prescribed
      for originally entering a plea. When a person has entered a plea of  not
    
      guilty  and  has demanded a hearing, no fine or penalty shall be imposed
      for any reason, prior to the holding  of  the  hearing  which  shall  be
      scheduled  by  the  traffic  and parking violations agency within thirty
      days of such demand.
        5. If a motor vehicle which is owned by a rental or leasing company is
      ticketed  for  a  traffic infraction, the municipality shall not enter a
      default judgement under this  section  against  the  rental  or  leasing
      company  if,  when the municipality sends the notice to the company, the
      company sends to the municipality within fifteen  days  a  copy  of  the
      rental  or leasing agreement covering that vehicle on that date with the
      name and address of the lessee clearly legible. If this  information  is
      not  sent  to  the municipality within such fifteen day time period, the
      municipality shall  proceed  under  this  section  to  enter  a  default
      judgement  and  the  rental  or  leasing company shall be liable for the
      traffic infraction.