Is there anything that can be done if a driver has been default convicted in a New York City Department of Motor Vehicles, Traffic Violations Bureau (NYC DMV TVB)? If so, what is the process? These are questions that many people have asked. The good news is that being default convicted is not the end of the story. There is a continuation that will provide a glimmer of hope for a driver who is in the unfortunate predicament of having been default convicted.
A default conviction occurs when a person is issued a traffic ticket, and fails to let the DMV TVB court know whether he or she is pleading guilty or not guilty. In this instance, the driver will be “default convicted” by the DMV court. Meaning that after a certain amount of time goes by and the DMV court does not receive a plea, the DMV TVB will enter a guilty plea for the traffic offender, “convicting” him or her of the charge. This is the same as entering a guilty plea by paying the fine, or being found guilty by the judge after trial.
The first step in trying to “undo” a default conviction is applying to have the case “re-opened.” This means submitting An Application to Reopen a Default Conviction to the New York State Department of Motor Vehicles, Traffic Violations Division in Albany, New York. The application is a formal written request to have a default conviction reopened. The application itself is straightforward and asks for information such as driver’s license number and address. A written explanation of why the driver did not answer the ticket is also required. Additionally, supporting documentation must be submitted. The great thing is that there is not a time limitation on when an application can be submitted. For example, a driver can submit an application to reopen a NYC default conviction 3 years after he or she was convicted.