The Law Office of Rex M. Pietrobono

2 Sarles Street
Mount Kisco, NY 10549

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(914) 301-7500

The Law Office of Rex M. Pietrobono

Walden Court Lawyer, Orange County, NY

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Rex M. Pietrobono

Hours of Operation:
Court Clerk’s Office:
Monday – Friday 7:00 am to 3:30 pm
Criminal Court Sessions:
4thCriminal Court is held the 2nd and 4th Wednesday of each month at 4:30 pm in the Bradley Assembly Room, 3rd Floor, Municipal Building
Traffic Court Sessions:
Traffic court is held the 2nd Tuesday of each month at 6:00 pm in the Bradley Assembly Room, 3rd Floor, Municipal Building

Address:
1 Municipal Square
Walden, NY 12586
United States

Phone:
(845) 778-2177 ext. 1507

Fax:
(845) 778-2399

Walden Court Lawyer, Orange County, NY

GENERAL TRAFFIC TICKET AND CRIMINAL COURT INFORMATION

Walden is the largest of three villages of the Town of Montgomery in Orange County, New York. Waldon Justice Court has preliminary jurisdiction over all criminal and traffic related cases arising out of incidents occurring in the Village. Such cases are on the Court’s Tuesday and Wednesday calendars. The Justice Court has trial jurisdiction over all cases if the jail term that can be imposed does not exceed one year. The office of the Orange County District Attorney prosecutes criminal cases.

Justice Court is the first level trial court of New York State’s Unified Court System. Many New Yorkers will have their first and only court experience in a town or village court. Cases charging the commission of a traffic infraction are filed in the Waldon Village Court if the alleged offense took place in the Village’s jurisdiction. A plea of “not guilty” is required to either be timely filed with the court either by the motorist or their attorney if they so elect. There are basically two choices: a plea of “not guilty” which allows a defense to be presented in the case, versus, a plea of “guilty” which locks in a conviction of the offense “as charged” which closes the door on a negotiated resolution or trial.

In New York, an attorney may go to court on a motorist’s behalf without the motorist having to personally appear. The attorney may be able to negotiate a resolution for the motorist or set the matter down for a future trial date where the police officer is required to appear to testify and the defense puts on their case as well.  On traffic infractions, trials are held before a judge or “bench”; not a jury.

In addition to fines and sur-charges imposed by the court, convictions for speeding tickets and other moving violations can create other problems for motorists, such as, increased insurance premiums and a New York State Department of Motor Vehicles Driver’s Responsibility Assessment – additional fines or assessments owed directly to DMV based upon a motorist’s point accumulation.  Additionally, eleven (11) points accumulated with eighteen (18) months will result in a license suspension or revocation depending upon one’s record of conviction. See Point Chart below:

NUMBER OF POINTS ASSIGNED BY DMV FOR COMMON TRAFFIC OFFENSES

License Violation Points

VIOLATION

POINTS

Speeding (MPH over posted limit)

1 to 10

3

11 to 20

4

21 to 30

6

31 to 40

8

Over 40

11

Reckless driving

5

Failed to stop for school bus

5

Followed too closely (tailgating)

4

Inadequate brakes (private car)

4

Inadequate Brakes (employer’s vehicle)

2

Failed to yield right-of-way

3

Disobeying traffic control signal, STOP sign or YIELD sign

3

Railroad crossing violation

5

Improper passing, changing lane unsafely

3

Driving left of center, in wrong direction

3

Leaving scene of property damage incident

3

Child safety restraint violation

3

Improper cell phone use

5

Use of portable electronic device (“texting”)

5

Any other moving violation

2