Does conviction of a traffic ticket require proof beyond a reasonable doubt?
TVB is an administrative tribunal, not a court, and a conviction at TVB requires proof only by “clear and convincing evidence,” not “proof beyond a reasonable doubt. “Proof beyond a reasonable doubt” is the much higher burden of proof applicable in criminal courts, including the City, Town and Village Courts. TVB can adjudicate only non-criminal traffic charges. • If I am issued a traffic ticket can I plea bargain to have the charge or points reduced? There is no plea bargaining for tickets issued adjudicated by the TVB. Plea bargaining is allowed in most suburban courts where the motorist may request that the prosecutor consent to reduction of the charge, but any such consent must be approved by the judge. • If I demand a trial, could the sentencing penalties be worse than if I pleaded guilty? Yes. In all courts the sentencing penalties are usually greater if convicted after trial, compared to sentencing upon a plea bargain. At TVB, where there is no plea bargaining, I saw a motorist
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