Infractions

Traffic Infractions

If you receive a traffic citation in the Village of Horseheads, your scheduled appearance date appears at the bottom.

If you fail to appear as required (or obtain an adjournment in advance of the date), your New York driving privileges will be suspended. Reciprocal states may also suspend your license.

If the offense is a traffic violation (non-misdemeanor), you may choose to proceed in any one of the following manners, or any other legally authorized manner. You may want to consult an attorney for guidance or representation before determining which course of action you will pursue. The court may not provide you with a recommendation as to how you should proceed, or as to which of these or any other options you should choose.

Plead “Not Guilty”. you must include your current mailing address. You must date and sign where indicated. Return the ticket to Horseheads Village Court within 48 hours of receipt. You can request a supporting deposition by checking the appropriate box on the ticket. A Supporting Deposition will provide you with additional information regarding the basis for the ticket. A Supporting Deposition request must be timely; within 30 days of the appearance date listed on the ticket. The Court will then order the Supporting Deposition from the Police Officer who issued the ticket. The Police Officer will supply the Supporting Deposition to you. When the Court receives your not guilty plea, you will be notified by the Court and scheduled for the first available court appearance. You will be given the opportunity to proceed to a pretrial conference with the Assistant District Attorney or to trial. You should advise the Court if you will be represented by an Attorney and the Attorney should file a NOTICE OF APPEARANCE with the Court.
By pleading “Not Guilty” you will be given a trial date for a public non-jury trial (“bench trial”) before the Village Justice. The Police Officer will prosecute the case unless you are represented by an attorney (in which case the county District Attorney or Village Attorney will prosecute). The People of the State of New York, represented by the prosecution, must prove, beyond a reasonable doubt, that you have committed the offense alleged in the accusatory instrument. At the trial you will have the right to hear, see and challenge the evidence submitted to prove your guilt, including by cross-examination of the Police Officer, Peace Officer or other witness or witnesses who testify against you. You also have the right to have witnesses testify on your behalf and you may, but you are not required to, testify on your own behalf. If you cannot get a witness to voluntarily appear on your behalf, you can request the court to issue one for you at the earliest time possible. The court will determine, after hearing all the evidence submitted at the trial, whether or not the People have proven guilt beyond a reasonable doubt, and will render an appropriate verdict. At the conclusion of the trial, the Judge will render a verdict or reserve decision. If the Court reserves decision, a written decision will be issued by the Judge and you will receive a copy at the address on file with the Court. If the Court finds you NOT GUILTY on all infractions, the case is ended. If the Court finds you GUILTY, a fine and mandatory surcharge will be assessed; a jail term is permissible for most all traffic matters. You have a right to appeal a traffic infraction conviction.
Plead “Guilty”. You must date and sign where indicated. Return the ticket to Horseheads Village Court by mail or in person to the Court office, or appear in person before the Judge on the date of your scheduled appearance. If you mail the ticket, the court will contact you by mail of the fine(s) and mandatory surcharge(s) assessed. If your mailing address changes, YOU MUST NOTIFY THE COURT. By pleading “Guilty” you give up your right to a trial at which the People of the State of New York, represented by the prosecution, must prove beyond a reasonable doubt that you committed the offense alleged in the accusatory instrument. A Plea of Guilty will subject you to sentencing by the judge presiding to any legally authorized sentence (generally a fine and mandatory surcharge; a jail term is also permissible for most all traffic matters). You may withdraw, with the court’s permission, your plea of guilty at any time prior to sentencing and exercise your right to a trial.
Communicate with the District Attorney’s Office concerning an alternative resolution. You may contact the Prosecutor who is responsible for proving the charge(s) against you and attempt to negotiate an agreement to plead guilty to a legally authorized alternate offense or offenses, including a lesser included offense, or a less severe offense or offenses. If chosen, you should start this process immediately and it should be done online where possible. You will need to upload a copy of your DMV driver history which you can request at any DMV office or by calling the clerk at (607) 739-0158. Any proposed agreement from the DA is subject to approval by the court and will be forwarded by the DA to you and the court. If acceptable to you, it must be signed by you and sent in to the court. If you do not accept any proposed offer from the prosecutor, you should notify the Court and we will schedule a further appearance and/or trial on the matter(s). Upon a plea of guilty to any agreed-upon offense(s), you will be subject to sentencing by the judge presiding to any sentence legally authorized to be imposed for the offense(s) to which you plead guilty.

The website, address and telephone number for the District Attorney’s office is:

Online: Chemung County DA’s Office. Select “Vehicle and Traffic Reduction Request”

Mail: 226 Lake Street, P.O. Box 588, Elmira, NY 14902

Phone: (607) 737-2944

If you mail your ticket to the Court without entering a plea of guilty or not guilty, or do not sign the ticket, the ticket will be returned to you. If you fail to enter a plea by mail OR fail to appear on the scheduled court appearance date, the Department of Motor Vehicles will be notified to suspend your driving privileges.

Traffic Misdemeanors- General Information

If you receive a traffic citation in the Village of Horseheads, your scheduled appearance date appears at the bottom of the ticket. If the offense is a Misdemeanor, you or your attorney MUST appear in Village Court in person (or by your attorney via Notice of Appearance) on the date written on the ticket to be arraigned before a Village Justice. If you fail to appear, an Arrest Warrant may be issued directing law enforcement to bring you before the Court.

Driver Suspensions

When a defendant’s license has been suspended for failure to appear the suspension will be lifted immediately once the ticket has been answered, however the defendant will still owe the termination of suspension fee of $70.

Vehicle and Traffic Cases Assigned to the Village Attorney

All Village Code offenses
All Village Ordinance offenses
Any Local Law

Vehicle and Traffic Cases Assigned to the District Attorney