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Traffic Diversion Programs: 13 New York Counties Where Tickets May be Dismissed

by Seth Azria on 3/21/2019
Traffic Diversion

Traffic Diversion Programs: 13 New York Counties Where Tickets May be Dismissed

By Seth M. Azria, Esq.
A Note from Our Firm: First, check to see if your ticket is in a county with a traffic diversion program. We recommend you have a look at the program details below to decide if you want to handle it yourself. If you decide that you would like some help, the flat fee for most cases $150 for service and we will deal with the court, apply to the program, and manage deadlines.
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What is a Traffic Diversion Program?

A traffic diversion program is a method, provided by a county district attorney, to resolve a traffic ticket. The district attorney in each county in New York State decides how to handle the traffic tickets issued in their jurisdiction.

When a district attorney decides to adopt a traffic diversion program, successful completion of the program will result in a dismissal of the qualifying ticket. This is the best result possible because a dismissal means there will be no points or fine from the court.

Traffic Diversion Program Requirements

While the specifics of each program differ, each county traffic diversion program has three parts in some form:

  1. A completed application and fee
  2. A completed defensive driving course
  3. Interaction with the court
Application and Fee
Each diversion program requires that you complete and submit an application. For clients, we complete the application for their signature. The application fees for the traffic diversion programs in New York state are listed below. The payment  types vary, many are credit card, some are certified check or money order. 
Defensive Driving Course
There are numerous defensive driving courses that will satisfy the requirements of the traffic diversion programs. External courses, NY DMV approved courses cost about $30 - $40 and may be completed online in about 5 hours. View Courses. The completion certificate from the course will be required by the traffic diversion program. Other programs have courses included within it, these are typically shorter, about 2 Hours.
Interaction with the Court
Even though you may be seeking to dispose of your ticket through the traffic diversion program, contact with the court is still required. Each program participant must enter a not guilty plea with the court, secure an adjournment of their court date, and then ensure that no court dates are missed. For our clients, we enter the not guilty plea and keep track of court dates. 

13 Counties with Traffic Diversion Programs

Each of the counties below has adopted a traffic diversion program. The descriptions below are summaries of each program's specific eligibility requirements. These traffic diversion programs apply to all courts in a given county. Click on a county to expand its details. Back to top

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  • Program Fee: Fee required at registration (Non-refundable if accepted; refunded if rejected).
  • Eligible Tickets: Most traffic violations qualify. The DA’s office will review applications to determine eligibility based on your driving record and any mitigating/aggravating circumstances, and reserves the right to deny participation.
  • Ineligible Tickets: Motor vehicle accidents resulting in physical injury or death; participation in this or a similar program in the last 18 months; 3 or more moving violations in the past 18 months; suspended/revoked license for speeding, misdemeanor, or persistent violator in the preceding 36 months; suspended license for "failure to answer a summons"; more than 3 UTTs from a single stop; or being disrespectful to an officer during the stop. *Note: Accidents with property damage require an insurance indemnification letter confirming they are on notice and honoring claims.*
  • DA Info: Registration, document submission, and payment are handled online. The DA makes the final determination. Visit the District Attorney to Learn more & Apply For Diversion
  • Program Fee: $200 per ticket + $60 course fee (Exceptions: $400 for speeding 21-30 mph over, or cell phone tickets).
  • Eligible Tickets: Speeds up to 30 mph over the limit, cell phone (VTL § 1225), and most moving/equipment violations.
  • Ineligible Tickets: School/Work Zones (VTL § 1180F&C), CDL drivers, accidents, and no insurance (VTL § 319.1). Suspended drivers must apply for a reduction instead.
  • DA Info: Handled via Advent. If over 30mph, must apply for waiver/reduction using PDF form. Visit the District Attorney to Learn more & Apply For Diversion
  • Program Fee: $295.
  • Eligible Tickets: Most common non-misdemeanor traffic violations. Town of Locke tickets are not eligible.
  • Ineligible Tickets: Misdemeanors, passing an emergency vehicle (VTL § 1144), passing a school bus (VTL § 1174), leaving the scene (VTL § 600.1.a, 2a, 601), transportation law, CDL drivers, and charges issued alongside a misdemeanor or felony.
  • DA Info: Requires abstract, UTT, supporting deposition, and accident report (if applicable). No DWIs or vehicular homicide/assault in the last 10 years. Visit the District Attorney to Learn more & Apply For Diversion
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  • Program Fee: $200 + $50 per extra ticket ($300 for 1180 over 25 mph) + $45 course fee.
  • Eligible Tickets: Most standard tickets.
  • Ineligible Tickets: No insurance (VTL § 319.1), leaving the scene (VTL § 600.1), 1144, 1174, school/work zones (VTL § 1180C/F), reckless driving (VTL § 1212), texting (VTL § 1225D), child seatbelt offenses, or CDL drivers.
  • DA Info: Visit the District Attorney to Learn more & Apply For Diversion
See courts in this county
  • Program Fee: $317.
  • Eligible Tickets: Standard tickets totaling no more than 6 points.
  • Ineligible Tickets: Misdemeanors, no insurance (VTL § 319), suspended license (VTL § 511), leaving the scene (VTL § 600), passing a school bus (VTL § 1174), speeding over 30 mph, or reckless driving (VTL § 1212).
  • DA Info: Handled via Advent. Course takes 2 hours. Must have no moving violations in 18 months, no DWI/homicide in 10 years, and no prior TDP anywhere in 36 months. Visit the District Attorney to Learn more & Apply For Diversion
  • Program Fee: $305.
  • Eligible Tickets: Standard single tickets.
  • Ineligible Tickets: Misdemeanors, no insurance (VTL § 319.1), 1180a with an accident, school/work zones (VTL § 1180C/F), speeding 21+ mph over, cell phone (VTL § 1225), 1146, over height/bridge (VTL § 385.2 or .14), school bus (VTL § 1174), leaving the scene (VTL § 600), railroad crossings (VTL § 1170, 1171, 1176), or transportation law.
  • DA Info: Handled via Advent. Cannot be charged with multiple moving violations, have a moving violation in 18 months, a DWI/homicide in 10 years, or prior TDP participation in 24 months. Visit the District Attorney to Learn more & Apply For Diversion
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  • Program Fee: $200 + cost of PIRP.
  • Eligible Tickets: Most standard single tickets.
  • Ineligible Tickets: Suspended license (VTL § 511), leaving the scene (VTL § 600), emergency vehicle (VTL § 1144), school bus (VTL § 1174), school/work zones (VTL § 1180C/F), speeding 25+ mph over, cell phone (VTL § 1225), and reckless driving (VTL § 1212).
  • DA Info: Paper applications via fillable PDF. Must not have multiple moving violations, a moving violation in 18 months, a DWI/homicide in 10 years, or be under probation/parole. Visit the District Attorney to Learn more & Apply For Diversion
See courts in this county
  • Program Fee: $295.
  • Eligible Tickets: Up to 2 standard tickets per incident.
  • Ineligible Tickets: Misdemeanors, passing a school bus (VTL § 1174), and speeding 20+ mph over the limit.
  • DA Info: Must not have completed a Livingston TDP in the last 18 months. Visit the District Attorney to Learn more & Apply For Diversion
  • Program Fee: $200 + $80 per extra ticket.
  • Eligible Tickets: Speeding up to 30 mph over (VTL § 1180 1-30), and cell phone (VTL § 1225).
  • Ineligible Tickets: School/Work Zones (VTL § 1180C/F), 8-point speeding tickets, seat belt, equipment, emergency vehicle (VTL § 1144), school bus (VTL § 1174), CDL, personal injury accidents, or incidents involving 5 or more tickets.
  • DA Info: Must take the PIRP course first, then upload the certificate and complete the form. Visit the District Attorney to Learn more & Apply For Diversion
See courts in this county
  • Program Fee: $250.
  • Eligible Tickets: General non-misdemeanor violations.
  • Ineligible Tickets: Misdemeanors, passing a school bus (VTL § 1174), failure to yield to an emergency vehicle (VTL § 1144/1144a), and leaving the scene of an accident (VTL § 600). Cannot have multiple moving violations or prior moving violations in the last 18 months.
  • DA Info: Handled via Advent resulting in dismissal. Visit the District Attorney to Learn more & Apply For Diversion
  • Program Fee: $255 for traffic infractions, $355 for traffic misdemeanor offenses.
  • Eligible Tickets: General non-misdemeanor violations.
  • Ineligible Tickets: Misdemeanors, passing a school bus (VTL § 1174), school/work zones (VTL § 1180C/F), failure to comply with an officer/flag person, cell phone (VTL § 1225), leaving the scene (VTL § 600), personal injury accidents, failure to yield to an emergency vehicle (VTL § 1144), and speeding 30+ mph over the limit.
  • DA Info: Requires an uploaded UTT, abstract, and an insurance letter (if there was property damage). Must not be charged with multiple moving violations or have any moving violations in the last 18 months. Visit the District Attorney to Learn more & Apply For Diversion

County Programs Offering Ticket Reductions (No Dismissals)

Not all traffic diversion programs result in a complete dismissal. The following counties utilize online programs designed to offer reductions (e.g., lower points or fewer fines) rather than outright dismissals. Click a county to expand.

  • Program Type: Reduction Only
  • Program Fee: $55 course fee.
  • Ineligible Tickets: Speeds over 110 mph or 41+ mph over the limit, passing an emergency vehicle (VTL § 1144), passing a school bus (VTL § 1174), leaving the scene (VTL § 600), no insurance (VTL § 319.1), child seatbelt offenses, DEC/environmental tickets, and "fix-it" tickets. Also ineligible if you have received a reduction in the last 18 months.
  • DA Info: Handled via Advent. Visit the District Attorney to Learn more & Apply For Diversion
See courts in this county
  • Program Type: Reduction Only
  • Program Fee: $60 course fee + $5 credit card fee.
  • Ineligible Tickets: Speeds over 100 mph or 41+ mph over the posted limit, DWIs, passing an emergency vehicle (VTL § 1144), passing a school bus (VTL § 1174), leaving the scene (VTL § 600), no insurance (VTL § 319.1), cell phone (VTL § 1225 C2/D), child seatbelt offenses, DEC tickets, and "fix-it" tickets. Also ineligible if you received a reduction in the last 18 months.
  • DA Info: Handled via Advent. The 10-day course must be completed after applying. Visit the District Attorney to Learn more & Apply For Diversion
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Have a ticket that qualifies for Diversion and want Help?

The legal fee for managing most diversion cases is $150.

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