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The AA 33 New York form serves as a crucial tool for individuals wishing to appeal a traffic violation decision made by the Traffic Violations Bureau (TVB). This form not only initiates the appeal process but also outlines specific requirements that must be met for a successful submission. Individuals must complete the form accurately and sign it, as failure to do so can lead to rejection of the appeal. A non-refundable fee of $10 is required for each ticket being appealed, and this payment must be made via check or money order, not cash. Timeliness is essential; the completed form and fee must be mailed to the New York State DMV Appeals Board within thirty days of the conviction or hearing date. The form also allows the appellant to request a review of the guilty determination or to appeal solely the penalty imposed, with clear instructions on how to proceed with each option. Additionally, if a stay of license suspension is desired while the appeal is pending, valid reasons must be provided. Understanding the nuances of this form can significantly impact the outcome of an appeal, making it essential for individuals to follow the instructions carefully and provide all necessary information.

Similar forms

  • Form AA-31 (Notice of Appeal): Similar to the AA 33, this form is used to formally notify authorities of an intention to appeal a decision. Both forms require clear identification of the case and the reasons for the appeal.
  • Form AA-32 (Request for Transcript): This document allows individuals to request a transcript of the hearing, similar to the AA 33's provision for transcript review. Both emphasize the importance of timely payment for processing.
  • Form AA-34 (Appeal Fee Waiver Request): Like the AA 33, this form addresses the financial aspects of appealing a decision. It allows individuals to request a waiver for the appeal fee under certain circumstances.
  • Form AA-35 (Petition for Rehearing): This document is used to request a rehearing of a case, akin to the AA 33's appeal process. Both forms require a detailed explanation of the reasons for the request.
  • Form AA-36 (Motion to Stay): Similar to the stay request in the AA 33, this form allows individuals to request that the enforcement of a decision be paused pending the outcome of an appeal.
  • Form AA-37 (Application for Emergency Relief): This document is used to seek immediate relief from a decision, much like the AA 33's request for a stay. Both forms necessitate a compelling justification for urgency.
  • Form AA-38 (Certification of Appeal): This form serves to certify that an appeal has been filed, paralleling the AA 33's requirement for acknowledgment of receipt of an appeal.
  • Form AA-39 (Affidavit of Service): Similar to the AA 33's requirement for proof of mailing, this form confirms that all parties have been notified of the appeal, ensuring transparency in the process.
  • Form AA-40 (Notice of Intent to Appeal): This document serves as a preliminary notice of an impending appeal, akin to the AA 33's initial filing requirements.
  • Form AA-41 (Statement of Appeal): This form outlines the specific grounds for the appeal, much like the arguments section in the AA 33, where individuals articulate their reasons for challenging a decision.

Form Preview

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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Common mistakes

When filling out the AA 33 New York form, individuals often make several common mistakes that can lead to delays or rejections of their appeals. Understanding these pitfalls can help ensure a smoother process. One frequent error is failing to sign the form. The signature is essential, as it validates the appeal and confirms that the information provided is accurate. Without it, the form may be deemed incomplete.

Another mistake involves neglecting to complete all applicable sections. Each part of the form is designed to collect specific information necessary for processing the appeal. Omitting details can lead to confusion and may result in the rejection of the appeal. It is crucial to read each section carefully and provide all requested information.

Many people also overlook the requirement to pay the appeal fee. The $10.00 non-refundable appeal fee must accompany each ticket being appealed. Some individuals mistakenly send cash instead of a check or money order, which is not accepted. This can lead to unnecessary delays as the appeal cannot be processed without the appropriate payment method.

Submitting the appeal after the 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, and individuals may find themselves unable to appeal their case. Setting reminders or tracking dates can help prevent this mistake.

Additionally, people sometimes fail to send a separate appeal form for each ticket. When appealing multiple tickets, it is important to include a distinct form and fee for each one. However, these can be mailed together in a single envelope. This helps streamline the process and ensures that each appeal is processed individually.

Another frequent oversight is not checking the appropriate box regarding the type of appeal being filed. The form provides options for appealing both the guilty determination and the penalty or just the penalty itself. Selecting the wrong option can lead to a misunderstanding of what the Appeals Board will review.

Some individuals neglect to provide valid reasons when requesting a stay of license suspension. A stay will not be granted without a clear justification. This section should be completed thoughtfully, as it can significantly impact the outcome of the appeal.

Moreover, people often forget to notify the Appeals Board of any address changes. All correspondence regarding the appeal will be sent to the address listed on the form. If this information is outdated, important notices may be missed, leading to further complications.

Lastly, failing to make copies of the appeal form and related documents can be detrimental. Keeping a record of what was submitted is essential. In case of any issues or if proof of mailing is needed, having copies can provide peace of mind and assist in resolving any discrepancies that may arise.

More About Aa 33 New York

  1. What is the purpose of the AA 33 New York form?

    The AA 33 form is used to appeal a conviction from the Traffic Violations Bureau (TVB) in New York. This form allows individuals to contest their traffic violation judgments, either by challenging the guilty determination or by appealing the penalty imposed. Completing this form accurately and submitting it within the required timeframe is essential for the appeal process.

  2. What are the requirements for filing an appeal?

    To file an appeal, you must:

    • Complete and sign the AA 33 form.
    • Include a non-refundable appeal fee of $10.00 for each ticket you wish to appeal.
    • Mail the signed form and payment to the NYS DMV Appeals Board within 30 days of your conviction or hearing date.
    • Ensure you do not send cash; instead, use a check or money order made out to the "Commissioner of Motor Vehicles."

    Failure to meet these requirements may result in the rejection of your appeal.

  3. Can I appeal both the guilty determination and the penalty?

    Yes, you can appeal both the guilty determination and the penalty. To do this, you must check the appropriate box on the form indicating that you want the Appeals Board to review the guilty determination. Note that you will need to pay for the hearing transcript to facilitate this review. If you choose to appeal the penalty only, the Appeals Board will not review the determination of guilt.

  4. What happens if I do not pay my fines while my appeal is pending?

    Even if you file an appeal, you are still responsible for paying any fines or surcharges resulting from your conviction. Failure to pay these fines may lead to a suspension of your driver's license. The Appeals Board does not stay license suspensions while an appeal is in process, so it is crucial to ensure all fines are paid on time.

  5. How will I know the outcome of my appeal?

    You will be notified in writing of the outcome of your appeal. If the Appeals Board dismisses your conviction, the fine will be refunded. Keep in mind that if a hearing transcript is produced, you will have 30 days to submit final arguments based on that transcript. It is important to maintain communication with the Appeals Board and ensure that they have your current address for any correspondence.

Misconceptions

Understanding the AA 33 New York form can be challenging, especially with the various misconceptions that surround it. Here’s a list of common misunderstandings and clarifications to help you navigate the appeal process more effectively.

  • Misconception 1: You can appeal without paying fines.
  • This is not true. Even if you file an appeal, you must pay any fines associated with the conviction. Failure to do so can lead to a suspension of your license.

  • Misconception 2: You can submit your appeal form anytime after the conviction.
  • The appeal form must be submitted within thirty days of the conviction or hearing date. Late submissions will be rejected.

  • Misconception 3: You can send cash for the appeal fee.
  • Misconception 4: You only need one appeal form for multiple tickets.
  • Each ticket requires a separate appeal form and fee. However, you can send them all in one envelope.

  • Misconception 5: The Appeals Board will review new evidence.
  • The Appeals Board does not rehear cases or accept new evidence. They only review the existing record from the original hearing.

  • Misconception 6: You can appeal the penalty without addressing the guilty determination.
  • If you choose to appeal the penalty only, the Appeals Board will not review the determination of guilt or any hearing arguments.

  • Misconception 7: A stay will automatically be granted for license suspension.
  • A stay will only be granted if you provide valid reasons for your request. It’s essential to clearly articulate your reasons on the form.

  • Misconception 8: You can appear in person for your appeal.
  • Personal appearances and oral arguments are not permitted. All arguments must be submitted in writing.

  • Misconception 9: The Appeals Board will notify you immediately of the outcome.
  • You will receive a written notification of the outcome, but it may take some time after your appeal is reviewed.

By addressing these misconceptions, you can approach the appeal process with greater confidence and clarity. Understanding the requirements and limitations of the AA 33 New York form will help ensure that your appeal is filed correctly and efficiently.

Key takeaways

When filling out and using the Aa 33 New York form, there are several important points to keep in mind to ensure your appeal is processed smoothly.

  • Complete the Form Accurately: Make sure to sign and fill out all applicable sections of the form. Incomplete forms will be rejected.
  • Pay the Required Fee: Each appeal requires a $10.00 non-refundable fee. Send this fee via check or money order, and avoid sending cash.
  • Submit on Time: You must mail your completed form and payment within 30 days of your conviction or hearing date. Late submissions will not be accepted.
  • Separate Appeals: If you are appealing multiple tickets, send a separate appeal form and fee for each one, but you can place them in the same envelope.
  • Understand the Review Process: Decide whether you want the Appeals Board to review the guilty determination or just the penalty. If you want a transcript review, pay the required deposit promptly.

By following these guidelines, you can navigate the appeals process more effectively and increase your chances of a favorable outcome.

Aa 33 New York: Usage Guide

Filling out the Aa 33 New York form is a crucial step for anyone wishing to appeal a traffic violation decision. This process requires careful attention to detail, as missing information or errors can lead to rejection of your appeal. Following the steps below will help ensure that your appeal is submitted correctly and on time.

  1. Gather Required Information: Collect all necessary details including your name, NYS Driver License ID Number, date of birth, and the details of the ticket you wish to appeal.
  2. Complete the Form: Type or print clearly in the provided spaces. Fill in your last name, first name, middle initial, date of birth, sex, and appeal mailing address. Include the ticket number, violation, violation date, conviction date, hearing location, and hearing time.
  3. Choose Your Appeal Type: Check the appropriate box indicating whether you want the Appeals Board to review the guilty determination and penalty, or just the penalty without transcript review.
  4. Request a Stay (if applicable): If you wish to request that your license suspension be stayed pending the outcome of the appeal, provide valid reasons for this request in the designated area.
  5. Provide Appeal Arguments: In the space provided, clearly state your arguments and reasons for filing the appeal. If needed, attach additional pages.
  6. Sign and Date the Form: Affirm that all information is true and that no prior appeal has been filed regarding this ticket. Sign your name and date the form.
  7. Prepare Payment: Include a $10.00 non-refundable appeal fee for each ticket you are appealing. Make the payment via check or money order, payable to the “Commissioner of Motor Vehicles.” Do not send cash.
  8. Mail Your Appeal: Send the completed form and payment to the NYS DMV Appeals Board at the specified address. Ensure it is mailed within 30 days of the conviction or hearing date.
  9. Keep Copies: Make copies of your completed appeal form, payment, and proof of mailing for your records.

Once your appeal is submitted, the Appeals Board will acknowledge receipt by letter. If you do not receive this acknowledgment within 20 days, it’s advisable to follow up with the Appeals Board. Remember, timely and accurate submission is key to a successful appeal process.