SCHODACK JUSTICE COURT
265 Schuurman Road
Castleton, New York 12033
Hon. Paul W. Peter
Hon. Bruce J. Wagner Philip J. Danaher, Esq.
Town Justices Prosecuting Attorney
VEHICLE AND TRAFFIC CHARGE REQUEST FOR REDUCTION
To persons seeking a reduction from a charge of speeding or from any other Vehicle and Traffic Violation:
FIRST, PLEASE UNDERSTAND THAT YOU MUST STRICTLY COMPLY WITH ALL ORDERS OF THE COURT.
We strongly recommend that you retain an attorney. The New York State Bar Association has a list of Attorneys.
If you choose to waive, or give up, your right to an attorney, you may still be eligible for a reduction of the offense for which you have been charged.
If you have received a Vehicle and Traffic Ticket for a non-misdemeanor offense, AND
If you would like to plead guilty to a less serious offense (a plea bargain), AND
If you follow all of these instructions, you may be eligible for a reduction.
NOTE: We will NOT consider a reduction for a charge of Aggravated Unlicensed Operation of a Motor Vehicle (AUO) or Suspended Registration unless your driving record shows all license and registration suspensions and revocations have been resolved and you have a currently valid driver’s license.
PLEASE NOTE also, that if your charges include DWI, DWAI, a Penal Law offense, or if you were involved in an accident in which someone died or suffered an injury, you are NOT ELIGIBLE TO APPLY FOR A REDUCTION BY THIS METHOD.
If you have an upcoming court date, please contact the court and advise them that you have contacted our office and that you will be doing a plea by mail, the court should grant you an adjournment to get this done.
Fines are set at the Court’s discretion. The Prosecuting Attorney’s Office has no control over the amount of the fine imposed by the Courts. The fine will be set by the Court after the Plea Reduction is approved by the Court. You will not know your fine amount until after you decide to accept or reject the proposed Plea Reduction. If you reject the Plea Reduction offered, there will be no further negotiations. Your matter will be set down for trial.
Please note: The Prosecuting Attorney’s Office is not permitted to offer advice on the telephone to individuals who have been issued traffic tickets, and cannot offer reductions to traffic tickets on the telephone.
Steps to properly seek a reduction:
1. E-mail the following items to email@example.com:
a. Copies of your ticket(s);
b. Copies of your Supporting Deposition(s), if provided to you by the Officer;
c. Copy of your Driver’s Abstract, also known as your Driving Record;
d. Copy of your current Driver’s License.
2. Please note that your Driver’s Abstract, or Driving Record, can be obtained by you from the State Motor Vehicle Department of the State where you live.
3. Please note that the Prosecuting Attorney does not handle tickets issued by the Schodack Police Department, only tickets issued by the New York State Police, park Police and Rensselaer County Sheriff’s Department.
4. If your ticket was issued by the Schodack Police, please contact the Court Clerk at 518-477-9390 for further direction.
If the Prosecuting Attorney receives all of these materials, he will review your case and e-mail a written response to you. (Due to the large number of requests we receive, it may be several weeks before you receive a response.) You will receive no response unless you strictly comply with all of the instructions. If we do not receive all of the requested materials, we will not respond to your request.
If you receive an offer from the Prosecuting Attorney you wish to accept, sign it and return it to the Prosecuting Attorney at Philip J. Danaher, Esq., 1001 Glaz Street, East Greenbush, NY 12061. If you choose not to accept the offer, you must contact the Court to learn of your trial date (on the original charge(s)). Also, keep copies of all documents for your records.
Please note that many speeding tickets, and other violations, are often times reduced to a lesser violation of Failing to Obey a Traffic Control Device (2 points) or a Parking on the Pavement 2nd or 1st Ticket (no points). If you accept such a Plea Reduction, it simply means that you are agreeing to be found guilty of the lesser violation rather than take the chance of being found guilty of the violation with which you were originally charged. Neither the Prosecuting Attorney nor the Court can give you legal advice. Therefore, if you are unclear as to any of the above, please consult with an attorney prior to agreeing to a Plea Reduction.
PLEASE UNDERSTAND THAT THE COURT MAY NOT APPROVE THE PLEA REDUCTION AGREEMENT. IF SO, YOUR CASE WILL BE SCHEDULED FOR TRIAL.