Delaware County, NY

Before applying for the program and/or calling the District Attorney’s Office, please read through the following instructions:

Introduction:

The Traffic Diversion Program is designed for those who are charged with relatively minor traffic offenses and have “clean” driving records.

All applications will automatically be evaluated for eligibility for the Traffic Diversion Program. Successful completion of the program means that your case will be dismissed by the District Attorney’s Office after the payment of a fee and the completion of Advent’s Traffic Safety Course.

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

If an applicant is not eligible for the Traffic Diversion Program, they will then be considered for the Traffic Reduction Program for a plea offer that commonly includes a reduction in points.

If admitted into the Traffic Diversion 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:

To be eligible to participate in the Traffic Diversion Program, you must meet the following criteria:

• You are charged with an offense or offenses that qualify for the program(s). Please see below for a list of 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 the previous 36 months
• No Misdemeanor charges are eligible for either program.
• Be able to complete a driver’s education course
• If you fail to follow these directions, your application will not be considered, and you will not receive a response.
• 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 already sent a copy 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 on the “Local Courts” tab above.
• Submit your application once. Duplicate applications will NOT be accepted unless explicitly authorized. Doing so without authorization will only delay the process.

To be eligible to participate in the Traffic Reduction Program you must meet the following criteria:

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

What we MUST have:

We DO NOT NEED a copy of your Driver’s license.

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.

A Driver’s Abstract from DMV. This must be obtained in the state in which you currently hold a driver’s license. This can be done In-Person or Online in many states.

State Driving Record/History from DMV – Must be Official DMV Record Must be Official DMV Record (4safedriver and other third-party site records not accepted)

• New York State Licensed Drivers – www.dmv.ny.gov
• Out of State Licensed Drivers – A copy from your state’s DMV
• Quebec Applicants – a copy of your dossier de Conduite a la Société de l’assurance Automobile du Quebec (SAAQ) – www.saaq.gouv.qc.ca
• Other Canadian Applicants – a copy of your driving record from the Ministry of Transportation
• International drivers (outside the US and Canada) may apply with a copy of their license instead of their abstract

Other Documents to Consider Adding to your Application

Supporting Documentation

Start by reading and understanding your tickets.

Equipment and Regulatory Tickets:

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

• For example, if you received a ticket because your inspection or registration are 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 accident. Insurance cards will not be accepted.

“Fix-It” tickets

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

Tickets that Result from Accidents:

If you have a “small” 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.

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

A Letter:

If there are specific request to be made or extenuating circumstances, you feel are relevant please include a letter in lieu of a phone call. Letters may include information about why you would request participation in certain programs.

Steps in the Process:

• 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. Often this entire process can be completed very quickly if everything is done appropriately.
• Upload your documents and submit your application to Advent eLearning. Photos are fine, as long as they are legible and ALL PAGES are provided for documents that are greater than one page in length.
• Once documents are submitted, they will be reviewed by the DA’s office. This is done by a human and is not automated and may take time depending on staffing.
• If approved, you will receive an email from Advent eLearning confirming your participation.
• You will be prompted to pay the corresponding fees for the program you have been approved to enter. ($312 for Diversion or $25 for reduction)
• 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.
• Once the course is completed, an automated email to the District Attorney’s Office alerting us that you have completed your course. You will be put in a queue for finalization. You DO NOT need to email it to us.
• District Attorney’s Office completes finalization. This is also done by a human and can take some time.
  • For Diversion 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 as a result of successful completion.
  • For Reduction this means that you will be extended an offer to plea 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.

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 a traffic citation. Fines, surcharges and other penalties are at the discretion of the court.

All copies of guilty pleas must go to the relevant court and NOT the District Attorney’s Office.

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.