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Article 44A - NY Vehicle and Traffic Law
AUTHORITY OF THE NASSAU AND SUFFOLK COUNTY DISTRICT
COURT JUDICIAL HEARING OFFICERS
S 1690. Authority of the Nassau county and Suffolk county district
court judicial hearing officers. 1. Notwithstanding any other provision
of law, where the trial of a traffic or parking infraction is authorized
or required to be tried before the Nassau county district court or
Suffolk county district court, and such traffic and parking infraction
does not constitute a misdemeanor, felony, violation of subdivision one
of section eleven hundred ninety-two, subdivision five of section eleven
hundred ninety-two, section three hundred ninety-seven-a, or subdivision
(g) of section eleven hundred eighty of this chapter, or a violation of
paragraph (b) of subdivision four of section fourteen-f or clause (b) of
subparagraph (iii) of paragraph c of subdivision two of section one
hundred forty of the transportation law, or any offense that is part of
the same criminal transaction, as that term is defined in subdivision
two of section 40.10 of the criminal procedure law, as such a
misdemeanor, felony, violation of subdivision one of section eleven
hundred ninety-two, subdivision two of section eleven hundred
ninety-two, section three hundred ninety-seven-a or subdivision (g) of
section eleven hundred eighty of this chapter, or a violation of
paragraph (b) of subdivision four of section fourteen-f or clause (b) of
subparagraph (iii) of paragraph d of subdivision two of section one
hundred forty of the transportation law, the administrative judge of the
county in which the trial court is located, may assign judicial hearing
officers to conduct such a trial. Such judicial hearing officers shall
be village court justices or retired judges either of which shall have
at least two years of experience conducting trials of traffic and
parking violations cases and shall be admitted to practice law in this
state. Where such assignment is made, the judicial hearing officer shall
entertain the case in the same manner as a court and shall:
(a) determine all questions of law;
(b) act as the exclusive trier of all issues of fact;
(c) render a verdict;
(d) impose sentence; or
(e) dispose of the case in any manner provided by law.
2. In the discharge of this responsibility, the judicial hearing
officer shall have the same powers as a judge of the court in which the
proceeding is pending. The rules of evidence and reasonable doubt burden
of proof shall be applicable at a trial conducted by a judicial hearing
officer.
3. Any action taken by a judicial hearing officer in the conduct of a
trial or other disposition thereof shall be deemed the action of the
court in which the proceeding is pending.
4. Judicial hearing officers are prohibited from appearing in any
capacity other than as a judicial hearing officer in any part of the
Nassau county or Suffolk county district court on any matter relating to
traffic or parking violations and are further prohibited from appearing
in any capacity other than as a judicial hearing officer in any other
court or administrative tribunal on any matter relating to traffic or
parking violations.
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