Justice Court

Hon. James J. Lalonde

Legal Advice
Whether or not you need an attorney to handle your traffic infraction is a personal decision that only you can make. If your license is in jeopardy based on the point system or if a traffic charge resulted from an accident, you are well advised to consult an attorney.

Attention: The material on this page is only for information about the Town of Duane Court and is not intended to provide legal advice. The Town of Duane makes no claims about the correctness or completeness of this information.

DMV Point System

If you are convicted of a violation that occurred while your car was moving (e.g. speeding, failing to stop for a red light, failing to stop at a stop sign, etc), points will be assigned to you based on a schedule adopted by the New York State legislature. If you accumulate three speeding violations or 11 point within an 18-month period, the Department of Motor Vehicles will suspend your license. If you accumulate 6 or more points within an 18 month period (which could result from just 1 conviction of 21 mph over the speed limit), you will have to pay the NY State driver assessment fee of $100.00 per year for 3 years plus $25.00 for each additional point accumulated. The number of points attributed to various infractions are as follows:

It is now a 2 point violation for a conviction of cell phone use in a motor vehicle without a hands free device.
Violation Points
Speeding (mph over posted limit): 1 to 10 3
11 to 20 4
21 to 30 6
31 to 40 8
More than 40 11
Reckless Driving 5
Failing to stop for school bus 5
Following too closely (tailgating) 4
Inadequate brakes
4
Inadequate brakes (While driving employer's vehicle)
2
Failing to yeild right-of-way
3
Violation of traffic signal, stop sign, or yield sign
3
Railroad crossing violation
3
Improper passing or lane use
3
Leaving scene of an incident involving property damage or injury to an animal
3
Child safety restaint violation
3

Office of Franklin County District Attorney
335 West Main Street
Malone NY 12953
(518) 481-1544
da@co.franklin.ny.us

Directions and Contact information:
The court is located 12 miles south of Malone (NYS Route 30), proceed one mile east on Franklin County Route 26. The court is held at the Duane Fire Station.
Court is officially held the last Thursday of each month at 6:00 PM.

172 County Route 26, Duane
Malone NY 12953
Driving Directions
Judge James J. Lalonde

Phone (518) 481-5647
Fax (518) 483-0517
Traffic Violations:
Pleading Guilty

You can plead guilty by mail by following the instructions on the ticket and sending the completed form to Duane Town Court, 172 County Route 26 Duane, Malone, NY 12953. Upon receipt of your guilty plea a judge will determine the fine and the court will notify you of the amount by mail.

You will be expected to send the fine to the court within 30 days by Visa, MasterCard, bank draft or money order payable to Duane Town Court . If you need time to pay, contact the court at (518) 481-5647 and necessary arrangements will be made.

Pleading Not Guilty
You can plead not guilty by mail, using your copy of the ticket given to you by the Officer. If charged with a misdemeanor, a court appearance is required. Follow the instructions and send the completed form to:

Duane Town Court
172 County Route 26, Duane
Malone NY 12953

You have the option of requesting a supporting deposition which is a sworn statement from the ticketing officer that contains a more detailed explanation of the basis for the charge than is provided on the ticket. The supporting deposition is usually generated by the Officer at the time of the stop now that most tickets are being written electronically. If you mail a not guilty plea you do not need to appear in court on the date stated on the ticket.

Upon receipt of your not guilty plea the court will schedule a trial and mail you a notice of the trial date. You have the option of contacting the District Attorney for a possible resolution to your case through the traffic reduction / diversion program. If the matter is not resolved to your satisfaction you may proceed to trial on the scheduled date. A trial is the proceeding at which a judge will make a determination whether you are guilty or not guilty. At the trial the officer who issued the ticket will testify and you will have the opportunity to cross-examine him/her. Thereafter you and your witnesses, if any, will have the opportunity to testify. The Assistant District Attorney can cross-examine your witnesses and you. When the testimony is completed the judge will make a decision and will usually announce it in court at the trial. If you are found not guilty, the matter is completed. If you are found guilty, the judge will determine the fine and arrangements for payment will be made.
The Duane Town Court accepts cash, money orders, certified bank checks, and Visa or Mastercard. No personal checks are accepted for payment.

Court Appearance without A Plea by Mail

A third option is to appear in court on the date designated on the face of the ticket. At that time you can enter a plea and/or ask for a trial. You will have the opportunity to provide any explanation you would like the judge to hear. Your explanation will be considered in the resolution of the case.
Online payments may be made by clicking on the image
below. A convenience fee will apply.

Traffic Diversion / Reduction Program

FRANKLIN COUNTY
TRAFFIC DIVERSION PROGRAM

(Please read through the following for program requirements and forms)

Welcome to the Franklin County Traffic Diversion Program established by Derek P. Champagne, Franklin County District Attorney. This program is designed to assist first time traffic ticket offenders who are seeking a disposition of their current Vehicle and Traffic Tickets.

The Franklin County Traffic Diversion Program is part of an on-going effort to provide an efficient and judicious service to the residents of Franklin County and other non-resident drivers traveling the Franklin County region.

Accordingly, the goals of the program are as follows:

-Promote Safe Driving. Every participant in the Traffic Diversion Program will be required to complete a Defensive Driving Course; Approved DMV Course Providers

-Promote Driver Financial Responsibility. Every participant in the Traffic Diversion program shall be required to have a valid automobile insurance policy in effect in order to be eligible to participate. This request will reduce the number of uninsured drivers on Franklin County roads.

-Efficiently Resolve Cases. The Traffic Diversion Program is designed to free up valuable prosecution resources, allowing the District Attorney's Office to focus on more complex criminal cases. In addition, because the applicant pays the cost of the program, the District Attorney's Office is able to offer this program at no additional cost to the taxpayers of Franklin County.

The Franklin County Traffic Diversion Program is a valuable tool in Franklin County District Attorney Derek P. Champagne's ongoing effort to service Franklin County with initiatives designed to protect the public, promote lawful conduct, and reduce inefficiency in the criminal justice system without decreasing services to Franklin County residents.

ELIGIBILITY

In order to be eligible for the Traffic Diversion Program you must meet the following requirements:

•1.You are charged with an eligible offense;

•2.You have not been convicted of any moving violation of the Vehicle and Traffic Law within the last 18 months;

•3.You have a valid license and insurance at the time of the offense;

•4.You are able to pay a non-refundable fee of one hundred and fifty dollars ($150.00) effective April 1, 2011.

ELIGIBLE OFFENSE

"Eligible Offense" means any New York State Vehicle and Traffic violation, but specifically excludes:
V&T §1192 Driving Under the Influence of Alcohol or Drug;
V&T §1212 Reckless Driving;
V&T §511 Aggravated Unlicensed Operation;
Any sections of the Transportation Law;
V&T §1174 Passing a Stopped School Bus;
Accidents that resulted in physical, serious physical injury or death;
V&T §600-1a leaving the scene of an accident;
V&T §600-2a Leaving the scene of a personal injury accident;
or any offense committed in a school or construction zone.
OUTCOME
If approved for the Traffic Diversion Program, the applicant will be required to complete the course for "Point and Insurance Reduction Program" given by an agency approved by the New York State Department of Motor Vehicles (see link below for providing agencies). Once the applicant completes the Defensive Driving Course, the offender is required to submit proof of completion to the District Attorney's Office. Upon completion of the Traffic Diversion Program, the District Attorney's Office will move to dismiss the pending traffic ticket(s).
QUESTIONS
Please direct any questions to the Franklin County District Attorney's Office at (518) 481 - 1544 and select option 1 for the Traffic Reduction Program.
OPTION ONE
Franklin County Traffic Diversion Program
This option was designed as a way to resolve traffic offenses for first time offenders.It is only available to individuals who have not had any other moving violations in the last 18 months and have not had an alcohol-related conviction in the last 10 years.
The application fee is $150.00.Furthermore, you will be required to sign up for and complete a six hour defensive driving course.This course is offered by a variety of providers.The NYS Department of Motor Vehicles website (https://harmonia.dmv.state.ny.us/pirp/) has examples of online course providers.Please contact your local insurance agent for a classroom course.Once you have completed the course, you will be required to send proof of completion to our office.Once we have received proof of completion, we will withdraw prosecution of your ticket in court.You will receive no points on your license.You will receive no court fine or surcharge.
Enclosed you will find information printed from our website regarding the Traffic Diversion Program, as well as an application.If you would like to choose this option to resolve your ticket, please complete and return the enclosed application and send the requested documents, with the $150.00 application fee.

OPTION TWO

Plea Reduction

If you are currently charged with a three or four point moving violation (Points Violation Chart.pdf), this option may reduce your charge to a two point non-speeding violation called Failure to Obey a Traffic Control Device.This is a moving violation in New York State that is generally more beneficial than a speed or other moving violation, which may otherwise affect your insuranceThe fine on a Failure to Obey a Traffic Control Device can range from $0 to $150; the mandatory surcharge is $85.You may receive 2 points on your license.You will receive a fine and surcharge notice from the court after you plead guilty.Any charge above a four-point violation will not be eligible for this reduction.

Enclosed you will find a Traffic Reduction Form application for your completion.If you would like to choose this option to resolve your ticket, please return the enclosed application and requested documents as soon as possible.

You may only choose one of the above options.Either application must be completed as soon as possible.All offers expire within 30 days of this letter.Please be aware that if you do not resolve your ticket promptly, your privilege to drive in New York State may be suspended by the court for failing to answer the ticket.If you need to postpone a court date, you must contact the court.Our office does not take phone calls regarding traffic tickets.

Forms:

Welcome Letter Explaining Both Options.pdf

Traffic Diversion Program Information.pdf

Traffic Diversion Program Application Form.pdf

Traffic Reduction Application Form.pdf

Hours of Operation:
Mon - Fri :8:00am - 4:00pm
Sat - Sun :Closed

Small Claims Court

The Court hears small claims cases up to $3000 when the Defendant resides in, is employed in, or has a place of business within the Town. Individuals and sole proprietors of businesses may bring a suit against an individual, corporation, partnership, association or assignee in Small Claims Court by filing a claim with the Court. There is a filing fee of $10 for claims up to $1000 and $15 for claims up to $3000. You may not file a claim in Small Claims Court for over $3000.

Small Claims Court is intended to provide a simple, informal and inexpensive procedure for prompt determination of small claims. The hearings are conducted in a way that ensures justice according to law without requiring a detailed knowledge of courtroom procedures or rules.

The New York State Division of Local Government Publications page has a link to the State of New York Local Government Handbook which describes Small Claims Court in the chapter on the Judicial System and the New York State Unified Court System webpage includes a link to a Small Claims Court Question and Answer page on the Small Claims Court process. The New York State Magistrates Association provides a Small Claims Quick Check list that summarizes the Small Claims Court process.

SMALL CLAIMS HANDBOOK

SMALL CLAIMS COURT APPLICATION.pdf

Landlord/Tenant Court

The Court also hears Summary Proceedings/Evictions when the property and the Respondent are located within the Town. These proceedings include non payment of rent or holdover evictions. Plaintiffs may claim the full amount in dispute as there is no arbitrary limit on the amount of the claim for which the Court has civil jurisdiction in such cases.

The Court hears both residential and commercial landlord/tenant cases.

The Duane Town Court hears criminal cases originating within the Town and has full jurisdiction for non-felony cases (midemeanors and violations) to accept guilty pleas or hold trials. On felony charges, the court conducts the arraignment and preliminary inquiry and may set bail or hold without bail. If the charges are not reduced to misdemeanors, the Town Court transfers them to Franklin County Court for final disposition. The Town Court may not accept pleas in felony cases. The Town Court must set bail or order release in all non-felony cases.

Defendants have the right to legal counsel for all criminal cases, including felony, misdemeanor and violation cases. They also have the right to counsel for traffic misdemeanors (DWI). The Franklin County Public Defender's Office provides legal services to criminal defendants who have been determined to be indigent.

Attention: The material on this page is only for information about the Town of Duane Court and is not intended to provide legal advice. The Town of Duane makes no claims about the correctness or completeness of this information.

Town of Duane NY