Mount Kisco Town Court
(Mt. Kisco Justice Court)
Westchester County, New York
GENERAL TRAFFIC TICKET AND CRIMINAL COURT INFORMATION
The Mount Kisco Court is located at the Richard A. Flynn Justice Complex, Green Street (at the far end of the Police Department) and has preliminary jurisdiction over all criminal cases arising out of incidents occurring in the co-terminus Village and Town of Mt. Kisco. Such cases are on the Court’s Thursday evenings calendar each week. The Justice Court has trial jurisdiction over all cases if the jail term that can be imposed does not exceed one year; i.e., misdemeanor offense. The office of the Northern Branch of the Westchester County District Attorney prosecutes criminal cases.
There are two Town Justices that rotate every month as shown on the court schedule. Court sessions are held Thursday evenings at 7:00 p.m. for all criminal, vehicle and traffic appearances, civil and small claims cases. A Spanish translator is available during the scheduled court sessions two criminal court nights per mont. Vehicle and Traffic scheduled trial dates, scheduled local law trials appear on Wednesdays, once a month, shown on the current Court and Traffic Calendar as well. All Building/Town ordinance matters are heard on the first Tuesday of each month at 5pm.
Traffic court is held one Wednesday night per month at 6:00 pm. Rex Pietrobono is the former Town Prosecutor for Mount Kisco Court. Cases charging the commission of a traffic infraction are filed in this court the if the alleged offense took place in the Village / Town’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 the 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
|Speeding (MPH over posted limit)|
1 to 10
11 to 20
21 to 30
31 to 40
|Failed to stop for school bus|
|Followed too closely (tailgating)|
|Inadequate brakes (private car)|
|Inadequate Brakes (employer’s vehicle)|
|Failed to yield right-of-way|
|Disobeying traffic control signal, STOP sign or YIELD sign|
|Railroad crossing violation|
|Improper passing, changing lane unsafely|
|Driving left of center, in wrong direction|
|Leaving scene of property damage incident|
|Child safety restraint violation|
|Improper cell phone use|
|Use of portable electronic device (“texting”)|
|Any other moving violation|