Does a NYS Traffic Ticket need to delivered to the motorist directly, or is it OK for the officer to give it to a family member?

Asked over 3 years ago - Rochester, NY

I was mildly injured in automobile accident and taken to a hositpal for evaluation. My father asked for a copy of the police report and was given that along a copy of traffic citation 1140(a) for ME. Was it right for the police officer to not deliver the ticket directly to me (the motorist) as stated on top of the uniform traffic ticket form?

Attorney answers (3)

  1. Theodore W. Robinson

    Contributor Level 20

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    Answered . In NYS a traffic ticket is known as Simplified Traffic Information and it must be served upon the person who is being charged with a violation of the Vehicle and Traffic Law. However, before you ignore it, you should remember that most Judges will simply ignore that issue unless it is brought to their attention by You! So you must make a Motion to seek to dismiss the ticket due to a lack of jurisdiction of the court over you since you were never properly served. You should contact a local attorney to assist you in the Motion which may make it less than worth it financially.
    Good luck.

  2. Kevin Francis Guyette

    Contributor Level 15

    Answered . In order to obtain jurisdiction over the motorist, it must be personnally served.

  3. Alan James Brinkmeier

    Contributor Level 20

    Answered . Yes

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