Hastings-On-Hudson Village Court
(Hastings-On-Hudson Justice Court)
Westchester County, New York
GENERAL TRAFFIC TICKET AND CRIMINAL COURT INFORMATION
Hastings-on-Hudson 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 Wednesday evening calendar. 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 Westchester County District Attorney prosecutes criminal cases. For the purposes of arraignment, hearings, jury and non-jury trials, the Court may be called into session at any time. Court sessions are held in the Court Room on the 2nd floor of the Municipal Building and are open to the public except in proceedings involving youthful offenders which may be conducted in private.
Cases charging the commission of a traffic infraction are filed in the Hastings-on-Hudson 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 |