How to Reverse NYS DMV Decisions

People depend on their cars.

The New York State Department of Motor Vehicles handles non-criminal traffic violations in its Traffic Violations Bureau -- the TVB -- in New York City, Buffalo, Rochester and Suffolk County. The NYS DMV also conducts hearings which can result in the loss of a person's driver's license where an accident results in a fatality or where a motorist suspected of driving while intoxicated refuses to submit to a chemical test. Reversing decisions resulting from the TVB or other hearings is done through forms and procedures created by the NYS DMV.

Instructions

1. Locate and print the proper form on the NYS DMV website. Form AA-3.3 is used when applying to reopen a default conviction at the Traffic Violations Bureau where the motorist failed to appear to answer the ticket. Form AA-33 is used to appeal a conviction after a hearing in the Traffic Violations Bureau. Form AA-33A is also used to appeal a decision after fatality hearings, refusal hearings or other hearings regarding a license or penalty.

2. Complete and file form AA-3.3 to reopen a default conviction. A separate form must be completed for each ticket. Most of the information requested is routine -- name, date of birth, address, driver's license number, ticket number and date of violation. Complete the section that starts with "I am NOT GUILTY because" by explaining your defense to the violation. Fill in the section explaining the reason you did not appear on the date of the hearing. Sign and mail the completed form to the Traffic Violations Division at the address shown on the form.

3. Appeal a conviction of a traffic violation by completing form AA-33. This form is used to appeal a conviction after a hearing in the TVB. It can also be used to appeal just the guilty verdict or just the penalty imposed. The form must be completed and filed within 30 days of the hearing date. If filing by mail, the envelope must be postmarked prior to the expiration of the 30 days. A $10 appeal fee must be paid when the form is filed.

4. File form AA-33A to reverse decisions pertaining to actions taken by the NYS DMV pertaining to driver's license or penalties imposed after hearings. This form is not used for appeals of TVB decisions. The form must be filed within 60 days of the date of the decision letter or the date the penalty was imposed. Include in the form the reason you believe the decision or penalty should be reversed. Mail the form with a check for the $10 appeal fee to the address shown on the front of the form.

References

• NYS Department of Motor Vehicles; Forms To Download; Public Use Forms