The Aa 33 New York form is an official document used to appeal decisions made by the Traffic Violations Bureau (TVB) regarding traffic tickets. This form allows individuals to contest their guilty verdicts or the penalties imposed following a hearing. Proper completion and timely submission of this form are essential to ensure your appeal is considered.
The AA 33 New York form is a crucial document for individuals seeking to appeal a traffic violation determination made by the Traffic Violations Bureau (TVB). This form serves as the official request to the New York State Department of Motor Vehicles (DMV) Appeals Board, allowing individuals to contest their guilty verdicts or the penalties imposed. To successfully file an appeal, applicants must complete the form accurately and submit it within thirty days of their conviction or hearing date. A non-refundable appeal fee of $10 is required for each ticket being appealed, and payment must be made via check or money order. It is important to note that cash should not be sent. The form also includes sections for requesting a review of the hearing transcript, which is necessary if the appellant wishes to challenge the guilty determination itself. Furthermore, individuals can request a stay of any license suspension pending the outcome of the appeal, provided they present valid reasons for such a request. The Appeals Board does not rehear cases or accept new evidence, so all arguments must be clearly articulated in the form. Timely and proper completion of the AA 33 form is essential to ensure that appeals are processed efficiently and effectively.
Understanding the Aa 33 New York form can be challenging, and several misconceptions often arise. Here are six common misunderstandings regarding this appeal form:
In reality, you must submit your appeal form and fee within thirty days of the conviction or hearing date. Late submissions will be rejected, so it's crucial to act promptly.
This is incorrect. The form specifically states that cash should not be sent. Instead, you must use a check or money order made out to the “Commissioner of Motor Vehicles.”
This misconception overlooks an important detail. If you want the Appeals Board to review the guilty determination, you must pay for the transcript. Without this payment, the board will only consider the penalty imposed.
Contrary to this belief, all fines and surcharges must be paid even if you have filed an appeal. Failure to do so may result in a suspension of your license.
This is not allowed. The Appeals Board does not rehear cases or accept new evidence. They only review the existing record from the hearing.
This is a common misunderstanding. The law prohibits personal appearances and oral arguments during the appeal process. All arguments must be submitted in writing.
Understanding these misconceptions can help ensure that individuals navigate the appeal process more effectively and avoid potential pitfalls.
When filling out the Aa 33 New York form, it’s important to follow certain guidelines to ensure your appeal is processed smoothly. Here’s a list of things you should and shouldn’t do:
Following these guidelines can help ensure that your appeal is processed without unnecessary delays. Be thorough and attentive to the details when completing the form.
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)
Ticket #
Violation
Violation Date
Conviction Date
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?
dmv.ny.gov
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The AA 33 New York form is designed for individuals who wish to appeal a decision made by the Traffic Violations Bureau (TVB) regarding traffic violations. This form allows appellants to contest either the guilty determination or the penalty imposed. The form must be completed and submitted to the New York State Department of Motor Vehicles (DMV) within a specified timeframe to initiate the appeals process.
To successfully file an appeal using the AA 33 form, individuals must adhere to the following requirements:
If the appeal form and fee are not submitted within the 30-day deadline, the Appeals Board will reject the appeal. It is crucial for appellants to be aware of this timeline and ensure that all materials are sent promptly to avoid losing the right to appeal.
Yes, appellants can request a stay on the license suspension or revocation resulting from the TVB conviction. However, valid reasons must be provided for this request. The stay will not be granted automatically, and additional pages may be attached to explain the reasons in detail.
If an acknowledgment letter from the Appeals Board is not received within 20 days after filing the appeal, it is advisable to contact the Appeals Board at the provided address. This ensures that the appeal has been properly received and is being processed.
Completing the Aa 33 New York form is a straightforward process. Follow these steps carefully to ensure your appeal is filed correctly and on time. Remember, missing any required information may lead to rejection of your appeal.
After submitting your appeal, the Appeals Board will acknowledge receipt by mail. If you do not receive confirmation within 20 days, follow up with the Appeals Board at the address provided.
Filling out the AA 33 New York form can be tricky, and mistakes can lead to delays or even rejection of your appeal. One common error is failing to sign the form. Without a signature, the form is incomplete and cannot be processed. Always make sure to sign and date your appeal before sending it in.
Another mistake is not completing all applicable sections of the form. Each part is designed to gather specific information. Leaving any section blank can raise red flags and may result in your appeal being rejected. Take your time to fill out every required field clearly.
Many people also forget to include the appeal fee. The form requires a non-refundable fee of $10 for each ticket you wish to appeal. Sending cash is a big no-no; checks or money orders are the only acceptable forms of payment. Remember to print your TVB ticket number on the payment to avoid confusion.
Submitting the appeal form after the deadline is another frequent mistake. You must mail your completed form and fee within thirty days of your conviction or hearing date. Late submissions will not be accepted, so mark your calendar and send your appeal promptly.
Some individuals mistakenly send multiple appeals in separate envelopes. While you should send a separate form for each ticket, it’s best to include them all in one envelope. This can help streamline the process and ensure that everything is received together.
Another common oversight is not checking the appropriate box regarding the type of appeal. You need to indicate whether you want to appeal both the guilty determination and penalty or just the penalty. Failing to do so can lead to confusion and might affect the outcome of your appeal.
Lastly, people often forget to keep copies of their submitted documents. It's essential to have a record of what you sent, including the appeal form and payment. This way, if any issues arise, you have proof of your submission. Keeping copies can save you a lot of headaches down the road.
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