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The AA 33 New York form is an essential document for anyone wishing to appeal a traffic violation determination made by the Traffic Violations Bureau (TVB). This form is specifically designed for submitting appeals regarding TVB tickets, where individuals can challenge either the guilty verdict, the penalties imposed, or both. Completing the form requires careful attention, as missing signatures or incomplete sections can lead to a rejection of the appeal. To start the process, a $10 non-refundable fee is required for each ticket appealed, fully completed forms must be mailed to the New York State DMV Appeals Board, and the submission must occur within 30 days of the conviction or hearing date. Various options exist for those appealing. For instance, individuals can request a transcript review, which involves an additional payment, or they can choose to accept the guilty determination and only contest the penalties without accessing the full hearing transcript. Furthermore, appellants must continue to pay any fines associated with their conviction, as not doing so can lead to a license suspension that remains in effect throughout the appeal process. It’s important to follow all instructions accurately to ensure the appeal is processed correctly and timely.

Aa 33 New York Example

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)

 

City

State

Zip Code

 

 

 

 

 

 

Ticket #

 

Violation

 

 

 

Violation Date

Month

Day

Year

 

 

 

 

 

 

 

 

 

 

 

 

Conviction Date

Month

Day

Year

 

 

 

 

 

 

 

 

 

 

 

 

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?

AA-33 (3/15)

dmv.ny.gov

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Form Characteristics

Fact Name Details
Filing Fee A non-refundable appeal fee of $10.00 is required for each ticket appealed.
Submission Deadline The appeal form and fee must be sent within 30 days of the conviction or hearing date to be considered.
Stay Request Individuals can request a stay of their license suspension pending the outcome of the appeal, but valid reasons must be provided.
Governing Laws New York State Traffic Violations Bureau laws govern the appeal process and requirements outlined in the AA 33 form.

Guidelines on Utilizing Aa 33 New York

When it comes to challenging a traffic violation in New York, filling out the Aa 33 form is a critical step. Following the correct procedures increases your chances of a successful appeal. Make sure you have all necessary information on hand before you get started, as attention to detail is essential.

  1. Obtain the Aa 33 New York form. You can download it from the DMV website or get a physical copy.
  2. Print your appeal form clearly. Use black or blue ink if you are filling it out by hand.
  3. Fill in your last name, first name, middle initial, and date of birth in the designated sections.
  4. Provide your NYS Driver License ID Number and indicate your sex.
  5. Write your appeal mailing address, including street, apt number (if applicable), city, state, and zip code.
  6. If you are working with an attorney, fill out their name and mailing address in the provided sections.
  7. Enter the ticket number, violation, violation date, conviction date, hearing location, and hearing time.
  8. Choose the appropriate box to indicate whether you want a full review or to appeal the penalty only.
  9. If you are requesting a stay, provide reasons for this request in the designated area and attach any additional pages necessary.
  10. State your appeal arguments clearly in the space provided. Be concise but thorough in explaining why you believe the appeal should be granted.
  11. Review the appeal form for accuracy. Ensure that all applicable sections are completed.
  12. Sign and date the form to affirm that all information is true and that no prior appeal has been filed for this ticket.
  13. Prepare your payment. Include a $10.00 non-refundable appeal fee in the form of a check or money order made out to “Commissioner of Motor Vehicles.”
  14. Mail the signed appeal form, payment, and any required documents to the NYS DMV Appeals Board at the address indicated on the form. Ensure you send everything within thirty days of the conviction date.
  15. Make copies of the completed appeal form, payment, and proof of mailing for your records.

Following these steps carefully will help ensure your appeal is properly filed. Be mindful of deadlines, as late submissions will result in rejection. Keep an eye out for confirmation from the Appeals Board, and feel free to reach out if you don’t hear back within 20 days.

What You Should Know About This Form

What is the AA 33 New York form used for?

The AA 33 form is utilized for appealing traffic violations determined by the New York State Traffic Violations Bureau (TVB). Individuals who have received a TVB ticket and wish to contest the verdict or the penalty imposed must complete and submit this form. It provides the necessary details to initiate the appeals process, including personal information, ticket details, and reasons for the appeal.

What are the filing requirements for the AA 33 form?

To file the appeal successfully, one must mail a signed and completed AA 33 form along with a $10 non-refundable appeal fee for each ticket being contested. The payment should be made via check or money order, addressed to the Commissioner of Motor Vehicles, and mailed to the New York State DMV Appeals Board. It is crucial to submit these documents within 30 days of the conviction date, as late submissions will be rejected.

Can I appeal multiple tickets with the AA 33 form?

Yes, you can appeal multiple TVB tickets using the AA 33 form. However, each ticket requires a separate completed appeal form and corresponding appeal fee. You can submit all appeals in a single envelope. Be sure to indicate the specific ticket number on the check or money order for clarity.

What happens if the appeal form is submitted late?

If the AA 33 form and appeal fee are submitted after the 30-day timeframe following the conviction date, the Appeals Board will reject the appeal. This emphasizes the importance of timely filing, as failure to adhere to this deadline can impact an individual's ability to contest the violation.

What should I do if I do not receive an acknowledgment of my appeal?

The Appeals Board sends an acknowledgment letter once your appeal and payment are received. If you have not received this letter within 20 days of filing, it is advisable to contact the Appeals Board directly at their mailing address to verify the status of your appeal.

Is it necessary to pay fines and surcharges when filing an appeal?

Yes, payment of any fines or surcharges resulting from the conviction must still be made, even while an appeal is in process. Failure to pay could lead to license suspension, and such actions will not be stopped by the Appeals Board. Payments are directed to the DMV Traffic Violations Division and should not be sent to the Appeals Board.

Common mistakes

Completing the AA-33 New York form comes with certain responsibilities, and specific mistakes can lead to complications in the appeal process. One common error is failing to sign the form. Without a signature, your appeal will be automatically rejected. It is essential to ensure that every required section of the form is completed, as incomplete submissions can also lead to rejection.

Another typical mistake involves the method of payment. Some individuals send cash instead of using a check or money order, which is explicitly prohibited. It is important to remember to combine multiple appeal fees into a single payment and to clearly indicate the TVB ticket number on the check or money order to avoid confusion.

Another frequent issue comes from not adhering to the 30-day deadline. Appeals must be mailed within thirty days following a conviction or the hearing date. Late submissions will not be considered, and this may result in losing the right to appeal entirely. Keeping track of these dates is crucial to ensure your appeal is heard.

Moreover, individuals may neglect to provide separate forms for multiple tickets. Each ticket must have its own form and fee, even if submitted in the same envelope. This oversight could lead the Appeals Board to reject part of the appeal, complicating the process further.

Additionally, some applicants overlook checking the appropriate box regarding the type of appeal they wish to file. Selecting the incorrect option can lead to misunderstandings about the nature of the appeal, and it may limit what the Appeals Board can review.

Another potential pitfall is failing to include a clear explanation for the appeal. The area provided for arguments should contain well-articulated reasons for contesting the penalty or the conviction itself. Without this, the Appeals Board may have insufficient information to make an informed decision.

Submitting the appeal without enclosures such as proof of mailing and a copy of the form can prove to be an oversight as well. Keeping well-organized records is important in case communication from the Appeals Board becomes necessary.

Finally, individuals often do not notify the Appeals Board promptly about any address changes. This can delay the entire process, as critical correspondence may not reach the applicant in a timely manner. Awareness of keeping contact information updated is essential for a smooth procedure.

Documents used along the form

The Aa 33 New York form is utilized for filing an appeal against a traffic violation determination made by the Traffic Violations Bureau (TVB). Several other documents and forms are often required in conjunction with this appeal to ensure a complete submission and to comply with the related procedures. Below is a list of supporting forms and documents commonly associated with the Aa 33 New York form.

  • Transcript Order Form: This form is necessary when an appellant requests a review of the hearing transcript as part of their appeal. It includes instructions for ordering the transcript and requires a deposit payment.
  • Payment Receipt: This is a copy of the receipt confirming that the appeal fee and any fines have been paid. It serves as proof of payment and is often required to accompany the appeal submission.
  • Supporting Documentation: Any additional documents that support your appeal arguments, such as evidence or witness statements, should be collected. These documents need to be clearly labeled and referenced in your appeal form.
  • Request for Stay Form: If an appellant wishes to request a stay of the license suspension during the appeal process, they must submit this form with proper justification for their request.
  • Freedom of Information Law (FOIL) Request: If you wish to obtain copies of evidence presented during the original hearing or other relevant records, submitting a FOIL request to the DMV is necessary. This form requests public records under New York's FOIL.

Collectively, these documents assist in creating a well-rounded appeal that adheres to the filing requirements and supports the arguments made. Ensure that all documents are properly completed, signed, and submitted to avoid any delays in processing your appeal.

Similar forms

The AA-33 New York form is integral for appealing traffic violation decisions, particularly those related to the Traffic Violations Bureau (TVB). Several other documents serve similar purposes within the framework of legal and administrative processes. Below is a list of eight documents that closely resemble the AA-33 in structure and function:

  • Form 1: Notice of Appeal - Used in various legal contexts, this document allows individuals to contest decisions made by a court or administrative body. Like the AA-33, it requires clear completion and timely submission.
  • Form 2: Appeal Information Form - This form collects information about the appealing party and the particulars of the case. It similarly emphasizes the need for accuracy to ensure that the appeal proceeds without issues.
  • Form 3: Traffic Infraction Contest Form - This document serves as a means for drivers to contest minor traffic infractions. Similar to the AA-33, it requires an initial fee and submission by a specified deadline.
  • Form 4: Request for Rehearing - Used mainly in administrative hearings, this form allows parties dissatisfied with a decision to request a reconsideration. Underlying principles of timely filing and detailed reasoning are comparable to those found in the AA-33.
  • Form 5: Waiver of Hearing - Individuals can use this form to waive their right to a hearing and accept a proposed penalty instead. Both documents underline procedural options available to the parties involved in violations.
  • Form 6: Petition for Review - This document seeks higher review of decisions made in lower courts or administrative bodies. It shares the AA-33’s appeal process framework, including submission requirements and deadlines.
  • Form 7: Civil Traffic Violation Appeal Form - Specifically tailored for civil traffic matters, this form also guides users through similar appeal procedures. Accurate completion is essential for both documents.
  • Form 8: Administrative Review Request - Typically used for administrative decisions beyond traffic violations, this form invites reviews based on specific criteria. Like the AA-33, it necessitates clearly stated arguments and adheres to filing timeframes.

Understanding these similarities can help individuals navigate their options when contesting various kinds of violations.

Dos and Don'ts

When filling out the AA-33 New York form, there are several important dos and don'ts to keep in mind. Following these guidelines can help ensure that your appeal is processed smoothly and efficiently.

  • Do type or print your information clearly to avoid any confusion.
  • Do include a signed and completed appeal form along with the $10 non-refundable fee for each ticket.
  • Do mail your appeal within 30 days of the conviction date to ensure it is not rejected.
  • Do provide a separate appeal form for each ticket you are appealing, but you can send them in one envelope.
  • Do keep copies of everything you send for your records, including the appeal form and proof of mailing.
  • Don't send cash; only checks or money orders made out to the “Commissioner of Motor Vehicles” are acceptable.
  • Don't leave any sections of the form incomplete, as this could lead to rejection.
  • Don't forget to indicate whether you are appealing the guilty determination or just the penalty.
  • Don't neglect to change your address with the Appeals Board if you move after submitting your form.
  • Don't miss the deadline for paying any fines or surcharges even if an appeal is filed; doing so may result in license suspension.

Misconceptions

Misconceptions regarding the AA-33 New York form can lead to confusion and potential issues with your appeal process. Here are nine common misconceptions, along with clarifications:

  1. Filing an appeal guarantees a win. Many believe that simply submitting the AA-33 form will automatically reverse a guilty verdict. In reality, the outcome depends on the merits of the appeal, not just the filing.
  2. The appeal fee is refundable. Some may think that if they win their appeal, the $10.00 fee will be returned. However, this fee is non-refundable, regardless of the appeal's outcome.
  3. You can file the appeal anytime after the conviction. Many assume there is flexibility with the 30-day deadline. It's crucial to note that late appeals will be rejected, so timely filing is essential.
  4. There’s no need to pay fines if appealing. It is a common misconception that you can wait to pay fines while your appeal is in progress. In fact, unpaid fines can lead to a license suspension, even during appeal.
  5. You only need one form for multiple tickets. Some people believe they can use a single AA-33 form for multiple violations. Each ticket requires its own form and fee, although they can be sent together.
  6. The Appeals Board will re-hear my case. Many expect the board to re-evaluate evidence or witness credibility. However, the board strictly reviews based on the original hearing and does not accept new evidence.
  7. You can present oral arguments during the appeal. Some individuals think they can argue their case in person. However, personal appearances are prohibited, and all arguments must be submitted in writing.
  8. Requesting a stay is simple. It's a common belief that a stay will be granted automatically. In fact, you must provide valid reasons for the request; otherwise, it may be denied.
  9. My address change is not important. Some feel that if their address changes, it won’t affect their appeal. This is misleading; you must notify the Appeals Board immediately to ensure you receive all correspondence related to your appeal.

Understanding these misconceptions is vital for effectively navigating the appeals process. Careful attention to the guidelines can make all the difference in the outcome of your appeal.

Key takeaways

  • Complete the form accurately. Ensure all sections are filled out legibly. Incomplete forms will be rejected.
  • Submit your appeal within 30 days. The appeal form and fee must arrive at the DMV Appeals Board within a month of your conviction or hearing date.
  • Pay the appeal fee. Include a non-refundable $10 fee per ticket, payable by check or money order. Do not send cash.
  • Choose your review option. Indicate whether you want the Appeals Board to review the guilty determination and penalty or just the penalty.
  • Request a stay if needed. If you wish to stop a license suspension, provide valid reasons. Attach additional pages if necessary.