Aa 33 New York Template

Aa 33 New York Template

The Aa 33 New York form is a document used to appeal decisions made by the Traffic Violations Bureau (TVB). When individuals receive a ticket and wish to contest it, this form allows them to formally request a review of the case. Completing the form accurately and submitting it on time is essential to ensure the appeal is considered.

To get started on your appeal, fill out the form by clicking the button below.

Table of Contents

The AA 33 New York form serves as a critical tool for individuals seeking to appeal decisions made by the Traffic Violations Bureau (TVB). This form must be completed accurately and submitted within thirty days following a conviction or hearing date. A signed appeal form, along with a non-refundable $10 fee for each ticket, is required to initiate the appeal process. It is essential to send the appeal to the New York State DMV Appeals Board, ensuring that cash is not included, as checks or money orders are the only acceptable forms of payment. The form also includes options for individuals to request a review of the guilty determination or to appeal solely the penalty imposed, without a transcript review. Furthermore, individuals can request a stay of any license suspension resulting from the conviction, but valid reasons must accompany such requests. The form emphasizes the importance of timely payment of any fines or surcharges, as failure to do so may lead to license suspension, regardless of the appeal status. Clear instructions guide users through the process, including the necessity of notifying the Appeals Board of any address changes and the submission of supporting arguments. Overall, the AA 33 form is a structured and essential document for navigating the appeals process in New York's traffic violation system.

Aa 33 New York Sample

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 $40 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

 

 

 

 

 

 

 

 

First

 

 

 

 

 

 

 

M.I.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NYS Driver

 

 

 

 

 

 

 

 

 

 

Date of Birth

Month

Day

 

Year

 

M F X

 

 

 

 

 

 

 

 

 

 

 

 

License ID Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appeal Mailing Address (Street)

 

 

 

 

 

 

APT#

City

 

 

 

 

 

State

Zip Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appellant Email Address

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Phone number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attorney for this Appeal (If any)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attorney Mailing Address: (Street)

 

 

 

 

 

 

 

 

City

 

 

 

 

 

State

Zip Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attorney Email Address

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Phone number

Ticket #

Violation

Violation Date

Month

Day

Year

 

 

 

 

 

 

 

 

 

 

 

 

Conviction Date

Month

Day

Year

 

 

 

 

 

 

 

 

 

 

 

 

Hearing Location

Hearing Judge

Hearing Time

:AM

PM

USE

FEE AMT PAID: $__________________

 

 

ONLY:

Check

USPM:

DMV

Money Order

 

 

 

 

No Fee Paid

_______________

AA-33 (6/24)

 

VIOLATION: __________________________________________________________________________

FINE AMT: $_________________

ALJ: ______________

SPEED: _______/_______

STAY: ________________________________________________________________________________

 

 

PAGE 1 OF 2

 

NYS Driver

RECORDS REVIEWED:

License ID Number

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, 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:

ü- Have 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. ü- Have you submitted your appeal form and appeal fee for each TVB ticket within 30 days of the TVB conviction date?

ü- Have you enclosed a $10.00 non-refundable appeal fee by check or money order for each TVB ticket you want to appeal?

ü- Have you checked the appropriate box on page one indicating whether you are appealing the guilty verdict and the penalty or the penalty only?

-Have you explained the reasons for filing your appeal above? Have you explained your reasons for requesting a stay on page one?

ü

ü- Have you signed and dated your appeal form above?

ü- Have you made copies of your appeal form, appeal fee, and proof of mailing for your records?

AA-33 (6/24)

dmv.ny.gov

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reset/clear

Document Attributes

Fact Name Description
Form Purpose The AA 33 New York form is used to appeal a traffic violation decision made by the Traffic Violations Bureau (TVB).
Filing Fee A non-refundable fee of $10.00 must accompany each appeal submitted. Payments should be made via check or money order.
Submission Deadline Appeals must be mailed within 30 days of the conviction or hearing date to be considered valid.
Transcript Review Appellants can choose to appeal the penalty only or request a review of the guilty determination, which requires a $50 deposit for the transcript.
Governing Law This form is governed by New York State Vehicle and Traffic Law.

Aa 33 New York: Usage Instruction

Filling out the Aa 33 New York form is a crucial step in the appeal process for traffic violations. It is essential to ensure that all sections are completed accurately and clearly to avoid rejection. Once you submit the form along with the required fee, the Appeals Board will process your appeal and send you an acknowledgment letter. If you do not receive this acknowledgment within 20 days, it is important to follow up with the Appeals Board.

  1. Begin by typing or printing your last name in the designated space at the top of the form.
  2. Enter your NYS Driver License ID Number below your name.
  3. Fill in your first name and middle initial, followed by your date of birth (month, day, year).
  4. Select your sex by marking the appropriate box (M or F).
  5. Provide your appeal mailing address, including street, apartment number (if applicable), city, state, and zip code.
  6. If you have an attorney for this appeal, fill in their name and mailing address.
  7. Enter the ticket number, violation, violation date, conviction date, hearing location, and hearing time.
  8. Indicate the hearing judge and any relevant information regarding the violation and fine amounts.
  9. Check the appropriate box to indicate whether you want the Appeals Board to review the guilty determination or just the penalty.
  10. If you are requesting a stay of suspension, provide valid reasons in the space provided.
  11. In the appeal arguments section, clearly state your reasons for filing the appeal. Attach additional pages if necessary.
  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. Enclose a $10.00 non-refundable appeal fee by check or money order for each ticket you are appealing. Make sure to print the ticket number on the payment.
  14. Mail the signed form and payment to the NYS DMV Appeals Board at the specified address.

Frequently Asked Questions

  1. What is the Aa 33 New York form?

    The Aa 33 form is an appeal form used for contesting traffic violations in New York State. It is specifically for individuals who wish to appeal a decision made by the Traffic Violations Bureau (TVB). Completing this form correctly is essential for having your appeal considered.

  2. How do I submit the Aa 33 form?

    To submit the Aa 33 form, you must first complete it and sign it. Then, mail the signed form along with a $10.00 non-refundable appeal fee for each ticket you are appealing. Send these items to:

    • NYS DMV Appeals Board
    • P.O. Box 2935
    • Albany, NY 12220-0935

    Ensure that you do not send cash; instead, use a check or money order made out to the “Commissioner of Motor Vehicles.” Be sure to include the TVB ticket number on your payment.

  3. What happens if I miss the 30-day deadline?

    If you do not submit your appeal form and fee within thirty (30) days of the conviction or hearing date, your appeal will be rejected. It is crucial to adhere to this timeline to ensure your appeal is considered.

  4. Can I appeal the penalty without contesting the guilty determination?

    Yes, you can choose to accept the guilty determination and appeal only the penalty. If you select this option, the Appeals Board will review only the appropriateness of the penalty imposed, without considering the hearing testimony or arguments.

  5. What if I want to request a stay of my license suspension?

    You may request a stay of the license suspension or revocation resulting from your TVB conviction. To do this, you must provide valid reasons for your request on the form. If your request is not supported by sufficient reasons, it may not be granted.

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

    If you do not receive an acknowledgment letter from the Appeals Board within 20 days of filing your appeal, it is important to contact them at the address provided on the form. This ensures that your appeal is being processed and that there are no issues with your submission.

Common mistakes

Filling out the Aa 33 New York form can be a straightforward process, but many people make mistakes that can lead to delays or rejections. One common error is failing to sign the form. Without a signature, the appeal will not be considered valid. Always remember to sign and date the form before submission.

Another frequent mistake is not completing all applicable sections. Each part of the form is designed to gather essential information. Leaving any section blank may cause confusion and result in rejection. Take the time to fill out every section thoroughly.

Many individuals overlook the requirement to send a $10.00 non-refundable appeal fee for each ticket. This fee must be included with the appeal form. Sending cash is also a mistake; only checks or money orders made out to the “Commissioner of Motor Vehicles” are acceptable. Be sure to combine multiple fees into one payment if appealing several tickets.

Submitting the appeal after the thirty-day deadline is another common error. The appeal form and fee must be mailed within thirty days of the conviction or hearing date. Late submissions will be rejected without exception. Mark your calendar to avoid missing this important deadline.

People often fail to provide valid reasons when requesting a stay of suspension. The form requires a clear explanation for this request. If valid reasons are not provided, the stay will not be granted, which could lead to license suspension.

Additionally, some applicants neglect to notify the Appeals Board of any address changes. All appeal notices will be sent to the address provided on the form. Keeping your address updated is crucial to ensure you receive all correspondence regarding your appeal.

Finally, many forget to make copies of their completed appeal form and any supporting documents. Keeping these copies for your records can be invaluable if there are any issues or questions about your appeal later on. Always ensure you have documentation of what you submitted.

Documents used along the form

When navigating the appeals process for traffic violations in New York, several forms and documents may accompany the AA 33 New York form. Each of these documents serves a specific purpose and can help ensure a smoother appeal process. Below is a brief overview of five commonly used forms.

  • DMV Traffic Violation Ticket: This is the initial ticket issued for the traffic violation. It contains crucial information such as the violation date, ticket number, and the specific offense. It is important to refer to this document when completing your appeal.
  • Request for Hearing Form: If you wish to contest your ticket before a judge, this form is necessary. It allows you to formally request a hearing and outlines the details of your case.
  • Payment Receipt for Fines: This document serves as proof that you have paid any fines associated with your traffic violation. It is important to keep this receipt, as it demonstrates compliance with payment requirements while your appeal is pending.
  • Transcript Order Form: If you opt for a transcript review during your appeal, this form is required to request a copy of the hearing transcript. It includes details on how to pay the transcript deposit.
  • Freedom of Information Law (FOIL) Request Form: Should you need access to evidence or documents related to your case, this form allows you to formally request such information from the DMV.

Understanding these accompanying documents can help streamline your appeal process and ensure that you meet all necessary requirements. It is essential to carefully review each form and keep copies for your records. Being organized and informed will support your efforts in achieving a favorable outcome.

Similar forms

  • Form AA-22 (Traffic Ticket Appeal Form): This form is used for appealing traffic violations in New York. Similar to the AA-33, it requires a signed submission and a fee, and it focuses on the review of the penalty imposed.
  • Form AA-24 (Notice of Appeal): This document serves as a formal notification of an intention to appeal a decision. Like the AA-33, it must be submitted within a specific time frame and includes required fees.
  • Form AA-25 (Traffic Violation Conviction Appeal): This form allows individuals to contest a conviction. It shares the same appeal process as the AA-33, including the requirement for a signed submission and payment of an appeal fee.
  • Form AA-30 (Application for Stay of Suspension): This application is used to request a stay of license suspension pending an appeal. It is similar to the AA-33 in that it requires justification for the stay and must be submitted within a certain period.
  • Form AA-31 (Request for Transcript Review): This form is specifically for requesting a review of the hearing transcript. It aligns with the AA-33 by requiring payment for transcript costs and is used in conjunction with an appeal.
  • Form AA-35 (Request for Rehearing): This document is used to request a rehearing of a case. While the AA-33 does not allow for rehearings, both forms require timely submission and payment of fees.
  • Form AA-40 (Traffic Violation Payment Plan): This form allows individuals to set up a payment plan for fines. Similar to the AA-33, it involves financial obligations related to traffic violations.
  • Form AA-50 (Driver License Restoration Application): This application is used for restoring a driver’s license after suspension. It parallels the AA-33 in that it addresses consequences of traffic violations and requires documentation.
  • Form AA-55 (Request for Hearing): This form is used to request a hearing regarding traffic violations. It is similar to the AA-33 in that both involve a legal process and require adherence to specific timelines and fees.

Dos and Don'ts

When filling out the AA-33 New York form, there are important actions to take and avoid. Here’s a concise list to guide you:

  • Do complete all sections of the form accurately and clearly.
  • Do mail your signed appeal form along with the appropriate fee to the specified address.
  • Do keep a copy of the completed form and any supporting documents for your records.
  • Do contact the Appeals Board if you do not receive acknowledgment of your appeal within 20 days.
  • Don't send cash; use a check or money order only.
  • Don't submit your appeal after the 30-day deadline from the conviction date.
  • Don't forget to check the appropriate box regarding your appeal type.
  • Don't neglect to explain your reasons for the appeal and any requests for a stay.

Misconceptions

Misconceptions about the Aa 33 New York form can lead to confusion and potential setbacks in the appeal process. Below are some common misunderstandings, along with clarifications to help individuals navigate this important legal document.

  • It is not necessary to pay fines while appealing. Many believe that filing an appeal halts the requirement to pay any fines. However, fines and surcharges must still be paid even if an appeal is underway. Failure to do so may result in a license suspension.
  • All appeals are accepted regardless of timing. Some individuals think they can submit their appeal at any time. In reality, the appeal form and fee must be mailed within thirty days of the conviction or hearing date. Late submissions will be rejected.
  • A single appeal form can cover multiple tickets. It is a common misconception that one form can be used for several tickets. Each ticket requires a separate appeal form and fee, although they can be mailed together in one envelope.
  • The Appeals Board will review new evidence. Many assume that they can present new evidence during the appeal process. However, the Appeals Board does not rehear cases or accept new evidence; they only review the existing record from the hearing.
  • It is optional to provide a reason for requesting a stay. Some believe that they can request a stay without justification. In fact, valid reasons must be provided for the Appeals Board to consider halting a license suspension pending the outcome of the appeal.
  • Personal appearances are allowed during the appeal. There is a misconception that individuals can appear in person to argue their case. However, by law, personal appearances and oral arguments are not permitted in the appeal process.
  • Failure to receive acknowledgment means the appeal was not filed. Some individuals worry that not receiving an acknowledgment letter within twenty days means their appeal was not filed. While it is important to follow up if no acknowledgment is received, the absence of a letter does not automatically indicate a problem.

Key takeaways

When dealing with the Aa 33 New York form for traffic violations, understanding the process is crucial. Here are some key takeaways to help navigate the appeal process effectively:

  • Complete and Sign the Form: Ensure that you fill out all applicable sections of the form and provide your signature. Incomplete forms will be rejected.
  • Timely Submission: Submit your appeal form and the $10.00 non-refundable appeal fee within thirty days of your conviction or hearing date. Late submissions will not be accepted.
  • Payment Method: Do not send cash. Instead, use a check or money order made out to the “Commissioner of Motor Vehicles.” Include your ticket number on the payment.
  • Separate Appeals: If you have multiple tickets to appeal, send a separate form and fee for each ticket, but you can include them all in one envelope.
  • Transcript Review Options: Decide whether you want the Appeals Board to review the guilty determination or just the penalty. This choice must be indicated clearly on the form.
  • Stay Request: If you wish to pause any license suspension resulting from the conviction, you must provide valid reasons for this request. Attach additional pages if necessary.
  • Follow-Up: If you do not receive an acknowledgment letter from the Appeals Board within 20 days of filing your appeal, it is essential to contact them to confirm receipt.

By keeping these points in mind, you can ensure a smoother experience while filling out and submitting the Aa 33 New York form for your traffic violation appeal.