Traffic Diversion Program

Traffic Diversion Program

PURPOSE:
The Allegany County Vehicle & Traffic Diversion Program is an educational recidivism reduction program. The program offers drivers who are ticketed for relatively minor traffic infractions the opportunity to take a 6 hour instructional course so that the driver may avoid points and other penalties associated with traffic tickets and at the same time reduce the likelihood that they will re-offend.

PROGRAM DETAILS:
The program is offered one Saturday per month at the Allegany County Public Safety Facility, 4884 NYS Route 19, Belmont, NY 14813. The program is 6 hours long with a half-hour break and runs from 9 a.m. until 3:30 p.m. An instructor certified by the Empire Safety Council teaches the course.

BENEFITS TO THE DRIVER:
Those who successfully complete the program will be eligible for a 4 point reduction on their license and a 10% reduction on their collision and liability insurance on their primary vehicle for three years. They will also have the current vehicle and traffic ticket dismissed and no fines or points will be assessed. The driver should note that with surcharges and fines a “typical” traffic ticket could cost $243.00 and carry 2 to 6 points. The fine amounts and points vary depending on the ticket that was issued. Consequences for insurance coverage and increased premiums may also occur. While the diversion program maintains the financial penalty, in the form of program fees, it allows drivers to avoid point sanctions in exchange for an educational program geared to reducing the chances that they will commit another traffic offense.

ELIGIBILITY:
The Program has complete discretion in determining who is accepted for diversion. The Program is eligible for drivers who have received a citation for speeding or other moving violations, and the driver must:

  1. Have not participated in the Allegany County Traffic Diversion Program within the past 12 months;
  2. Not have more than 4 points on their license;
  3. Not have a conviction for a drinking and driving offense within the past 18 months;
  4. Have a valid license and insurance at the time of offense;
  5. Not be involved in an accident at the time of the offense;
  6. Not be ticketed for a speed in excess of 30 mph over the posted limit.

NOTE: There is some discretion and those otherwise ineligible may apply for the program. The driver must complete the paragraph on the application form that describes any mitigating circumstances.

HOW TO APPLY FOR THE PROGRAM:

  1. Plea not guilty to the ticket;
  2. Complete the Diversion Program Application;
  3. Send the completed application, a copy of the ticket, a self-addressed stamped envelope and payment of $225.00 for the application and program fees in the form of a money order made out to the “Allegany County Traffic Diversion Program”, to the Allegany County District Attorney’s Office, Attn: Traffic Diversion Program, 7 Court Street, Suite 333 Belmont, NY 14813.

APPLICATION REVIEW PROCESS:
The ticket and application will be reviewed by the District Attorney’s Office. If a driver is not accepted into the program their $225.00 money order will be returned. Upon acceptance, the driver will be notified by mail of the available dates for program attendance. The driver must return the enrollment document within ten days to the Allegany County District Attorney’s Office, Attn: Traffic Diversion Program, 7 Court Street, Suite 333 Belmont, NY 14813 to complete enrollment in the program.

ALTERNATE PROGRAM ENROLLMENT:
Those drivers who reside in Allegany County or the immediate area will be required to attend the class offered by this program. If a driver wishes to complete a program other than the one offered by the Allegany County Diversion Program, the driver must submit that request in writing. The submission should be sent to the Allegany County District Attorney’s Office,
Attn: Traffic Diversion Program, 7 Court Street, Suite 333, Belmont, NY 14813, and should include their application, information on the alternate program and $225.00 application fee in the form of a money order made out to “Allegany County Traffic Diversion Program.” The program will notify you by mail if the course you selected is acceptable to the Diversion Program. If the program you chose is not acceptable, your $225.00 money order will be returned.

If you do not live in the Allegany County area, you may still apply to the Allegany County Vehicle & Traffic Diversion Program.

An on-line or local live defensive driving program comparable to the Allegany County program may be selected.
In that event, the alternate program MUST BE APPROVED by our office PRIOR to participation. The alternate program must be approved by the NYS Department of Mortor Vehicles. The cost for the chosen alternate program is NOT covered by the $225.00 application fee. Please go to http://dmv.ny.gov/tickets/point-insurance-reduction-program for acceptable alternate programs.

Should you have any further questions, please review the Vehicle & Traffic Policies & Procedures of our office.

UPON COMPLETION OF THE CLASS:
Attendees at the program sponsored by the Allegany County Traffic Diversion Program will receive a completion certificate within approximately 45 days. The instructor will provide a copy of the class attendance list to the Traffic Diversion Program who will then notify the courts of class completion.

The driver who attends an alternate class as described above must supply a copy of the completion certificate to the Allegany County District Attorney’s Office, Attn: Traffic Diversion Program, 7 Court Street, Suite 333 Belmont, NY 14813 or it can be faxed to 585-268-9727. The driver must also supply the certificate to the court of the town where the ticket was issued.

Any driver who is accepted into the Allegany County Traffic Diversion Program and then fails to complete the requirements of the Program forfeits the $225.00 application and program fee and it will not be refunded.

TICKET RESOLUTION:
Upon successful completion of the course, the People will withdraw prosecution of the pending vehicle and traffic ticket. Participants are free to use their class certificate for insurance reduction purposes.

IMPORTANT NOTE ON LICENSE SUSPENSION:
The local justice court can suspend your license for failure to answer any traffic ticket in a timely manner. If you are not timely in applying to this program or answering your traffic ticket your license may already be suspended. If your license is suspended there is a fee associated with lifting that suspension. Please note that participation in the program will satisfy the traffic ticket, but it will NOT SATISFY suspensions and suspension fees as a result of your failure to handle your traffic matter in the appropriate time frame. This is a separate issue entirely and must be handled by you directly with the local justice court. It is your responsibility to answer your ticket in the appropriate time frame. It is also your responsibility to keep the local court informed regarding the status of your participation in this program.