Delaware County, NY

Introduction:

The Traffic Diversion Program (TDP) is designed for individuals who are charged with relatively minor traffic offenses and have a limited history of traffic violations.

Eligibility in the TDP depends on the nature and severity of the offenses in combination with the applicant’s driving history.

All applications will automatically be evaluated for eligibility for the TDP. This is the default option. Successful completion of the TDP will result in your case being dismissed. To complete the program, you MUST pay the required fee of $312 and complete the required Traffic Safety Course provided by Advent. The Traffic Safety Course is entirely online and commonly takes around 2 hours. The course is self-paced and can be started and stopped. Traffic safety courses from anywhere else will not be considered a substitute. There is no mechanism to do so.

If an applicant is not eligible for the TDP, they will then be considered for the Traffic Reduction Program for a plea offer that commonly includes a reduction in points. The Traffic Reduction Program will not result in a reduction to a violation carrying 0 points.  The Traffic Reduction Program is not meant to be an alternative to the TDP, but a secondary option to resolve cases when an offense is more severe than would otherwise be eligible for the TDP.

If admitted into the Traffic Reduction Program, you will pay a smaller fee initially, but then will also be responsible for fines, fees and surcharges which are determined by the Town or Village Justice. The District Attorney’s Office CAN NOT tell you how much your ticket will cost.

When an applicant’s driving history and/or violations are deemed too severe, the District Attorney’s office may reject an application. The District Attorney’s Office retains the right to reject any applicant who would otherwise be eligible.

Participation Requirements:

Traffic Diversion Program:

• You are charged with an offense or offenses that qualify for the program. Please see the list at the bottom of this page for excluded offenses.
• You are NOT charged with multiple moving violations totaling greater than 6 points. Find the point values of your violations HERE.
• You have NOT been convicted of any moving violation within the last 18 months.
• You have not been convicted of DWI or vehicular homicide in the last 10 years.
• You have NOT participated in a Traffic Diversion Program in Delaware County or elsewhere in the previous 36 months.
• No Misdemeanor charges are eligible for either program.
• You must be able to complete a driver’s education course online through Advent eLearning.
• You MUST provide all requested information. There MUST be a copy of the traffic ticket and a driver’s abstract (history) from the DMV of the state in which you reside. Applications without these documents will be rejected without notice.

If you fail to follow the directions, your application will not be considered, and you will not receive a response.

If you already sent the original copy of your ticket to the Court, you must contact the Court to request a copy. Do not send original tickets to this office as we are not responsible for original(s).

Please do not call us to get a copy of your ticket. We do not have a copy of your ticket.  Please call the appropriate court for any issues related to copies of tickets. Please see the list of courts and contact information for those courts on the “Local Courts” tab above.

We do not have a database of case numbers or ticket numbers, please do not call and ask us to look up your case.

Submit your application once. Duplicate applications will NOT be accepted unless explicitly authorized. Doing so without authorization will only delay the process.

Traffic Reduction Program:

• You are charged with an offense that qualifies for the program.
• You are otherwise ineligible for the TDP.

For example: you’re charged with speeding, traveling 90 mph in a 55-mph zone. Your offense totals 8 points, making you ineligible for the TDP, but speeding is generally a qualifying offense. OR you have several tickets which total greater than 6 points. All the offenses by themselves would be eligible. We can offer you a reduction, but not a diversion agreement.

Previous convictions are not necessarily disqualifying. The District Attorney’s Office reserves the right to determine when they are or are not willing to offer a reduction when convictions in the past 36 months are deemed excessive.

Deadlines:

• You will have 30 days from the date of application to complete the Traffic Diversion Program.
• If you fail to complete the program or are unable to complete the program in 30 days, you will be required to re-apply and start the process over.
• Extensions will not be granted unless there are significant documented extenuating circumstances.
• If you pay fees and then do not complete the driver’s safety course, this does not constitute completion of the program. No exceptions will be granted.
• There is no mechanism for a refund of money spent if the program is not completed.
• Please ensure you have the time to complete the program before applying.

What we MUST have:

• A CLEAR COPY OF YOUR TRAFFIC TICKET(S) – If you have already returned your ticket(s) to the Court, you must contact the court to request a copy.  Please scan the tickets and upload one (1) file whenever possible.
• A DRIVER’S ABSTRACT FROM DMV. This must be obtained in the state in which you currently hold a license. This can be done in-person or online in many states.
• We DO NOT NEED a copy of your Driver’s license.

Abstracts:

Abstracts MUST be Official DMV Record Must from your state.

Third-party sites such as 4safedriver are not accepted.

• New York Drivers Click Here.
• Pennsylvania Drivers Click Here
• Massachusetts Drivers Click Here
• Connecticut Drivers Click Here
• New Jersey Drivers Click Here
• New Hampshire Drivers Click Here
• Quebec Drivers Click Here
• Ontario Drivers Click Here

Drivers from states and provinces beyond those that border New York, please consult your state or province’s DMV or equivalent agency for a driving history/abstract. International drivers (outside the US &Canada) ONLY may apply with a copy of their license instead of their abstract.

Other Documents to Consider Adding to your Application

A Letter:

If there are specific requests to be made or extenuating circumstances, please include a letter in lieu of a phone call explaining your situation. Letters may also include information about why you would request participation in certain programs. Letters may be attached as a photo, PDF or other compatible documentation along with your abstract and ticket through your Advent application.

Equipment and Regulatory Tickets:

If you are charged with an offense that is related to faulty, broken or improper equipment OR a regulatory violation such as expired inspection or registration PROVIDE PROOF THAT IT HAS BEEN FIXED.

• For example, if you received a ticket because your inspection or registration is expired, provide proof that your inspection or registration have been updated. This would include a copy of paperwork from the inspection station or a photo of the new documents.
• If you received a No Insurance ticket but had insurance at the time, provide documents that would prove this to be the case. This could include a letter from your Insurance Agent stating you had full coverage on the date of the issuance of your citation. Insurance cards will not be accepted.

“Fix-It” tickets

If you failed to complete the “fix-it” ticket in time, you could apply for the program. There are no other paths besides Reduction and the TDP. Since those types of tickets generally come with 0 points attached, we cannot reduce them any further. TDP is an option if you choose.

Tickets that Result from Accidents:

If you have a “minor” traffic collision that DOES NOT involve personal injury, you may be eligible for these programs. You MUST include documentation that your insurance company has accepted financial responsibility for the collision and that the matter is resolved BEFORE we will accept any application for these citations. If you apply while the accident is still in dispute, your application will be denied.

Tickets that result from accidents involving personal injury will not be eligible for either program.

Steps in the Process:

• GATHER DOCUMENTS: Gather your documents FIRST. Obtain your Driver’s Abstract/History from DMV and copy of your citation from the appropriate court BEFORE submitting the application. Most delays in this process are the result of improper documentation being attached. If one or both documents are not present, your application will be declined, and you will have to start over.
• APPLY: Upload your documents and submit your application via Advent eLearning. The link is at the bottom of this page. Photos of documents are acceptable if they are legible and if ALL PAGES are provided for documents that are greater than one page in length. DO NOT SUBMIT ANYTHING THAT IS PASSWORD PROTECTED. The program will not allow it to be viewed. Any such application will be declined, and you will have to re-apply.
• DISTRICT ATTORNEY’S OFFICE REVIEW: Once documents are submitted, they will be reviewed by the District Attorney’s office. This is done by a human. It may take time depending on staff availability.
• APPROVAL: If approved, you will receive an email from Advent eLearning confirming your participation.
• PAY: You will be prompted to pay the corresponding fees for the program you have been approved to enter. ($312 for TDP or $25 for the Traffic Reduction Program)
• TRAFFIC SAFETY COURSE: Complete the Traffic Safety Course if prompted by Advent to do so. This currently ONLY applies to those completing DIVERSION. There are no Traffic Safety Courses currently included in the Traffic Reduction Program. The reduction program does not contain a traffic safety course.
• DISTRICT ATTORNEY’S OFFICE RESPONSE/FINALIZATION: Once the course is completed, an automated email will be sent to the District Attorney’s Office alerting us that you have completed the program. You DO NOT NEED TO CONTACT US. You will be put in a queue for finalization. You DO NOT NEED TO EMAIL IT TO US, as we generate the document. The District Attorney’s Office then completes finalization. This is also done by a human and can take some time.
  • For the TDP this means that the District Attorney’s Office will recommend dismissal of your charge. There will be no more fees associated with your ticket and no conviction on your record because of successful completion.
  • For the Traffic Reduction Program this means that you will be extended an offer to plead guilty to a lesser charge. It is YOUR CHOICE to decide if the plea agreement is acceptable. If you have questions or concerns about what you receive, consult an attorney. Offers are final and will not be revisited.
• FINAL EMAIL: You will receive a letter to the email address you provided. For The TDP it will be a letter to the court indicating that the DA’s office wishes to dismiss your charge. For the Traffic Reduction Program, it will be a plea sheet with an offer to plead guilty to an offense with fewer points. You do not need to forward this to the District Attorney’s Office. Again, we generate this document and already have it in our possession.
• CHECK IN WITH COURT OR SIGN PLEA OFFER: If you choose to accept the plea offer, you will be required to print, sign and mail the offer to the proper court. There will be additional costs associated with pleading guilty to traffic charges. Fines, surcharges and other penalties are at the discretion of the court.
• All copies of SIGNED tickets must go to the relevant court and NOT the District Attorney’s Office.
• If you have completed the Traffic Diversion Program, it is likely a good idea to check in with the court to make sure that they have received our correspondence and processed the dismissal.

Frequently Asked Questions:

I want to apply, but I don’t have a copy of my ticket. What do I do?

• If you have lost your ticket and need a new copy, the District Attorney’s Office DOES NOT have a copy of your citation. You will need to contact the relevant court to obtain a copy of your ticket.
• If you have a traffic ticket and do not wish to participate in either of these programs, you and/or your attorney are required to attend court and seek a resolution to your charges.

Can I just mail/email everything to you?

• Traffic reduction requests are no longer being regularly resolved via traditional mail or email. Unless there are extraordinary circumstances, please do not call to request that your ticket be resolved via mail, fax or email. All requests by mail and/or email will be referred to this online system.
• If you are unsure about your eligibility or if you have other questions concerning your legal responsibilities and liabilities after receiving a traffic ticket and reviewing the information provided on the website, please consult an attorney. The District Attorney’s Office does not provide legal advice to individuals charged with crimes or traffic violations.

Is there a difference between going to court and participating in the program?

• If you are in need legal guidance, please contact an attorney. Everyone’s situation is different, and the District Attorney’s Office cannot give you legal guidance on how to resolve your citation. Please do not call to ask for advice. You will be referred to a private attorney.

How much will it cost if I plead guilty to the reduced charge?

• Fines and fees are determined at the discretion of the court. This is not something that the District Attorney’s Office knows or can forecast. If you wish to gather more information on costs, please contact the local court applicable to your case or speak to an attorney.

I was issued 2 (or more) tickets. Should I do one application or two?

• If you were issued multiple tickets on the SAME traffic stop, you should include all the tickets on the same application. If you have tickets originating from SEPARATE stops, they should be separate applications.

I failed to appear in court, my license was suspended, and now I have a SCOFF. Do these programs get me my license back?

• No. Scoffs are a matter handled by the DMV and the court. The status of your license is ALSO a matter for the DMV and the courts. These programs are designed to resolve the underlying charges. You will still have to pay any outstanding fees to the court and the DMV that have already been assessed. You do not automatically get your license back by completing this course.