The AA 33 New York form is a crucial document used to appeal decisions made by the Traffic Violations Bureau (TVB) regarding traffic tickets. This form must be completed and submitted within 30 days of the conviction or hearing date to ensure your appeal is considered. If you believe a mistake was made in your case, take the first step by filling out the form below.
The AA 33 New York form is an essential tool for individuals seeking to appeal a traffic violation decision made by the Traffic Violations Bureau (TVB). This form allows drivers to contest their convictions or the penalties imposed, providing a structured way to present their case to the DMV Appeals Board. To begin the appeal process, it is crucial to complete the form accurately and submit it along with a non-refundable fee of $10 for each ticket being appealed. The appeal must be filed within 30 days of the conviction or hearing date, and late submissions will not be accepted. The form also includes options for those who wish to appeal the guilty determination itself or just the penalty, with specific instructions on how to proceed with each choice. Additionally, the AA 33 form requires the appellant to provide personal information, including their driver's license number and details about the violation, ensuring that the Appeals Board can process the request efficiently. If you are considering an appeal, understanding the requirements and steps outlined in this form is vital to navigating the process successfully.
TRAFFIC VIOLATIONS BUREAU (TVB) APPEAL FORM
FILE TVB TICKET APPEALS ONLINE AT: dmv.ny.gov/WebAppeals/
Failure to sign and complete all applicable sections of this form will result in the rejection of your appeal. Type or print clearly.
APPEAL FILING REQUIREMENTS:
1.Mail a SIGNED, COMPLETED APPEAL FORM AND A $10.00 NON-REFUNDABLE APPEAL FEE FOR EACH TICKET YOU WANT TO APPEAL TO:
NYS DMV APPEALS BOARD, P.O. BOX 2935, ALBANY, NY 12220-0935
2.Do NOT send cash. Send a check or money order payable to the “Commissioner of Motor Vehicles.” Multiple appeal fees should be combined in one check or money order. Print TVB ticket number(s) on your check or money order. A $35 penalty is charged for bad checks.
3.The appeal form and appeal fee must be mailed to the DMV APPEALS BOARD WITHIN THIRTY (30) DAYS OF THE CONVICTION OR HEARING DATE. Late appeal forms and appeal fees will be rejected.
4.Send a separate appeal form and appeal fee for each TVB ticket appealed. Multiple appeals should be sent in one envelope. The Appeals Board will acknowledge receipt of your appeal form and fee by letter. If you do not receive an acknowledgment within 20 days after filing your appeal, contact the Appeals Board at the above address.
TRANSCRIPT REVIEW: CHECK THE APPROPRIATE BOX BELOW (CHECK ONLY ONE)
¨I WANT THE APPEALS BOARD TO REVIEW THE GUILTY DETERMINATION OF THE TVB JUDGE AND THE PENALTY.
I understand that I am required to pay the transcription company in a proper, timely manner so that the Appeals Board may review the hearing transcript (hearing testimony and arguments) for my appeal. After receiving my appeal, the Appeals Board will send complete instructions for ordering the transcript, and I will be required to send a $50 transcript deposit to the transcription company within 30 days of the date of the Appeals Board letter. The Appeals Board does NOT accept transcript payments. BY LAW, if transcript payments are NOT made to the TRANSCRIPTION COMPANY in a proper and timely manner, the only issue that the Appeals Board may review is the PENALTY IMPOSED.
¨I ACCEPT THE GUILTY DETERMINATION and WANT TO APPEAL THE PENALTY ONLY (fine/license sanction) WITHOUT TRANSCRIPT REVIEW.
I understand that, without a hearing transcript, the Appeals Board WILL NOT review the determination of guilt, or any hearing testimony or arguments presented at the hearing. The Appeals Board will review the appropriateness of the PENALTY ONLY.
TVB FINES:
Fines and surcharges resulting from the conviction must be paid even if an appeal is filed. Unpaid fines, surcharges, or termination fees will result in a license suspension, which is NOT stayed by the Appeals Board. Do NOT send fine and surcharge payments to the Appeals Board. TVB fines and surcharge payments must be sent to: DMV TRAFFIC VIOLATIONS DIVISION, P.O. BOX 2950-ESP, ALBANY, NY 12220-0950
STAY:
¨I REQUEST THAT THE LICENSE SUSPENSION OR REVOCATION IMPOSED AS A RESULT OF THE TVB CONVICTION BE STAYED OR STOPPED PENDING THE OUTCOME OF THIS APPEAL. A stay will not be granted unless you provide valid reasons for your request. Attach additional pages, if necessary.
I request a stay because:
REQUIRED APPEAL INFORMATION: All appeal notices will be sent to the addresses provided on this form. YOU ARE RESPONSIBLE FOR NOTIFYING THE APPEALS BOARD IMMEDIATELY IN WRITING OF ANY CHANGE OF ADDRESS.
Last Name
NYS Driver License ID Number
First
M.I.
Date of Birth
Sex
Month
Day
Year
o M o F
Appeal Mailing Address (Street)
APT#
City
State
Zip Code
ATTORNEY FOR THIS APPEAL (If any)
ATTORNEY MAILING ADDRESS: (Street)
Ticket #
Violation
Violation Date
Conviction Date
Hearing LocationHearing Time
:
o AM
o PM
Hearing Judge
DMVUSE ONLY:
FEE AMT PAID: $__________________
¨ Money Order
¨ Check
USPM:
¨ No Fee Paid
_______________
AA-33 (3/15)
VIOLATION: __________________________________________________________________________
FINE AMT: $_________________
ALJ: ______________
SPEED: _______/_______
STAY: ________________________________________________________________________________
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RECORDS REVIEWED:
The Appeals Board does NOT rehear cases, accept new evidence, or weigh the credibility of the witnesses. Exhibits that are received into evidence at the hearing will become part of the appeal record unless the only issue on appeal is the penalty imposed. If you want copies of the hearing exhibits for your own records, you must submit a Freedom of Information Law (FOIL) request to the DMV FOIL OFFICE at: 6 EMPIRE STATE PLAZA, ALBANY, NY 12208. Information about submitting FOIL requests is available online at: dmv.ny.gov.
APPEAL ARGUMENTS: In the space below, state your arguments and explain your reasons for filing the appeal. Attach additional pages, if necessary. By law, personal appearances and oral arguments are NOT permitted on appeal. If a hearing transcript is produced, you will have 30 DAYS to submit final arguments from the date the transcript is sent to you. You will be notified in writing of the outcome of your appeal. If you win on appeal and the Appeals Board dismisses the conviction, the fine will be refunded.
READ THE STATEMENT BELOW. SIGN YOUR NAME. WRITE THE DATE THAT YOU SIGNED THIS FORM. (By law, no appeal shall be reviewed if it is sent more than 30 days after the conviction date.)
I AFFIRM UNDER PENALTY OF PERJURY THAT ALL THE INFORMATION ON THIS FORM AND ALL SUPPORTING DOCUMENTS ARE TRUE, AND THAT NO PRIOR APPEAL HAS BEEN FILED WITH RESPECT TO THIS TICKET.
Appellant Signature X
Date
HAVE YOU:
üHave you paid your fine to the Traffic Violations Division? Even if you file an appeal, you must pay your fine or your license will be suspended.
üHave you submitted your appeal form and appeal fee for each TVB ticket within 30 days of the TVB conviction date?
üHave you enclosed a $10.00 non-refundable appeal fee by check or money order for each TVB ticket you want to appeal?
üHave you checked the appropriate box on page one indicating whether you are appealing the guilty verdict and the penalty or the penalty only?
üHave you explained the reasons for filing your appeal above? Have you explained your reasons for requesting a stay on page one?
üHave you signed and dated your appeal form above?
üHave you made copies of your appeal form, appeal fee, and proof of mailing for your records?
dmv.ny.gov
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Filling out the Aa 33 New York form requires careful attention to detail. Ensure that all sections are completed accurately to avoid rejection of your appeal. After submitting the form, you will receive a letter acknowledging receipt of your appeal. If you do not receive this acknowledgment within 20 days, it's important to follow up with the Appeals Board.
The Aa 33 New York form is an appeal form used to contest a decision made by the Traffic Violations Bureau (TVB). Individuals can use this form to appeal a guilty determination or the penalty imposed following a traffic violation hearing. It is important to complete the form accurately and submit it within the specified time frame to ensure that the appeal is considered.
To successfully file an appeal using the Aa 33 form, you must meet several requirements:
Even if you file an appeal, you are still responsible for paying any fines and surcharges resulting from your conviction. If these payments are not made, your driver's license may be suspended. It is crucial to send fine payments to the DMV Traffic Violations Division, not the Appeals Board. The Appeals Board does not stay any license suspension pending the outcome of your appeal.
You may request a stay on your license suspension or revocation due to the TVB conviction. However, you must provide valid reasons for this request. If you wish to pursue this option, be sure to attach additional pages if necessary to explain your reasoning. Keep in mind that a stay will not be granted automatically; it requires justification.
Not signing the form. Failing to sign the appeal form will lead to its rejection. Always ensure your signature is present.
Incomplete sections. Leaving any applicable sections blank can result in delays or rejection. Fill out every required part of the form.
Missing the deadline. Submitting the appeal form after the 30-day window from the conviction date will cause rejection. Pay attention to the timeline.
Incorrect payment method. Sending cash instead of a check or money order is a common mistake. Use the proper payment method as specified.
Combining multiple appeals incorrectly. While you can send multiple appeals in one envelope, ensure each appeal form and fee is separate. Don’t mix them up.
Ignoring the transcript payment. If you want a transcript review, you must pay the transcription company directly. Missing this step limits the review process.
Not providing a valid reason for a stay. Simply requesting a stay without valid reasons will lead to denial. Be clear and concise in your explanation.
Failing to notify address changes. If your address changes, notify the Appeals Board immediately. They send important information to the address on the form.
Not keeping copies of submitted documents. Always make copies of your appeal form, payment, and proof of mailing. This helps if any issues arise later.
The AA-33 New York form is a crucial document for individuals appealing traffic violations. It is essential to understand that several other forms and documents often accompany this appeal process. Each of these documents serves a specific purpose and can significantly impact the outcome of the appeal. Below is a list of these forms and documents, along with a brief description of their importance.
Each of these documents plays a vital role in the appeal process for traffic violations in New York. Understanding their functions and ensuring that they are completed accurately can significantly influence the outcome of an appeal. Proper preparation and adherence to guidelines are essential for a successful appeal.
The AA 33 New York form is similar to the Notice of Appeal used in civil court cases. Both documents serve as formal requests to challenge a decision made by a lower authority. In the case of the Notice of Appeal, it allows a party to seek review from a higher court. Just like the AA 33 form, the Notice of Appeal requires specific information about the case, including the parties involved and the grounds for the appeal. Both forms also have strict deadlines that must be adhered to, ensuring that appeals are filed in a timely manner to maintain the integrity of the judicial process.
Another document that shares similarities with the AA 33 form is the Application for Leave to Appeal. This application is often required when a party seeks permission to appeal a decision from a lower court. Similar to the AA 33, it outlines the reasons for the appeal and must be filed within a specific timeframe. Both documents emphasize the importance of providing a clear rationale for the appeal, ensuring that the reviewing authority can understand the basis for the challenge. Additionally, both forms require the payment of a fee, underscoring the financial commitment involved in pursuing an appeal.
The AA 33 form also resembles the Petition for Writ of Certiorari, which is used to request a higher court to review a lower court's decision. This petition must clearly state the legal questions at issue and demonstrate why the case merits the higher court's attention. Much like the AA 33, the Petition for Writ of Certiorari must be filed within a specified period following the lower court's ruling. Both documents require a clear presentation of facts and legal arguments, allowing the reviewing body to make an informed decision regarding the appeal.
Lastly, the AA 33 form can be compared to the Motion for Reconsideration, which is filed to ask a court to review and possibly change its previous ruling. Both documents require the individual to articulate their reasons for seeking a review and must be submitted within a certain timeframe. The Motion for Reconsideration and the AA 33 both highlight the necessity of providing new evidence or arguments that were not previously considered, thereby giving the reviewing authority a basis to re-evaluate the initial decision. In both cases, the process is structured to ensure fairness and thorough consideration of the issues at hand.
When filling out the Aa 33 New York form, it’s important to follow certain guidelines to ensure your appeal is processed smoothly. Here are some key dos and don’ts:
In reality, failing to sign the form will lead to its rejection. A signature is a mandatory requirement for your appeal to be processed.
The form explicitly states that cash payments are not accepted. Instead, you must send a check or money order made out to the "Commissioner of Motor Vehicles."
This is incorrect. The appeal form and fee must be mailed within thirty days of the conviction or hearing date. Late submissions will be rejected.
You must send a separate appeal form and fee for each ticket you wish to contest. However, you can include multiple appeals in one envelope.
The Appeals Board does not rehear cases or accept new evidence. They will only review the determination of guilt if a transcript payment is made. Otherwise, they will only assess the penalty.
This is a common misunderstanding. Fines and surcharges must be paid even if an appeal is filed. Failure to do so may result in a license suspension.
Personal appearances and oral arguments are not permitted. All arguments must be submitted in writing.
You will receive a written notification of the outcome, but this may take some time after your appeal is processed.
If the Appeals Board dismisses the conviction, the fine will be refunded. However, the initial appeal fee is non-refundable, regardless of the outcome.
When navigating the process of appealing a traffic violation in New York, understanding the Aa 33 form is crucial. Here are key takeaways to ensure a smooth appeal process:
Following these guidelines will help ensure that your appeal is processed efficiently and effectively.