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
Disclaimer: The Law Office of Rex M. Pietrobono is a law office, not a court. Any references to court proceedings or legal matters are for informational purposes only and do not imply affiliation with or representation by any court.

Pelham Town Court, Westchester County, NY

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Rex M. Pietrobono

Hours of Operation:
Court Clerk’s Office:
Monday – Friday 9:00 am to 4:00 pm
Criminal Court Sessions:
Thursday Evening 6:00 pm
Traffic Court Sessions:
Wednesday Morning at 9:30 am

Address:
34 Fifth Avenue
Pelham, NY 10803
United States

Phone:
Criminal Court Clerk
Phone: (914) 738-7030
Fax: (914) 813-3670

Fax:
Vehicle & Traffic Court Clerk
Phone: (914) 813-1651
Fax: (914) 365-6381

Pelham Lawyer, Attorney, Westchester County, NY

GENERAL TRAFFIC TICKET AND CRIMINAL COURT INFORMATION

Pelham Justice Court has preliminary jurisdiction over all criminal and traffic related cases arising out of incidents occurring in the town. Such cases are on the Court’s Wednesday 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.

The Town court in Pelham adjudicates and prosecutes the laws of the Village of Pelham and Village of Pelham Manor. Historically, the villages within the Town of Pelham operated independent court systems. The village courts were consolidated into one court a number of years ago. The court has civil jurisdiction under the applicable state and local law and criminal jurisdiction as applicable.

The Town of Pelham Court sits regularly on Wednesday mornings for civil cases, Village & Town ordnances, and traffic moving violations, beginning at 9:30 a.m.

Criminal Cases are heard on and Thursday evenings beginning at 6:00 p.m. Arraignments, hearings and trials are held as necessary during the week. Criminal Matters – The Pelham Town Court hears all crimes committed in the Village of Pelham and Pelham Manor Jurisdictions.

Cases charging the commission of a traffic infraction are filed in the Pelham Town Court if the alleged offense took place in the 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 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