Homepage Blank Aa 33 New York Form
Outline

The AA 33 New York form serves as a crucial document for individuals looking to appeal a traffic violation ruling made by the Traffic Violations Bureau (TVB). This form must be filled out accurately and submitted within thirty days of the conviction or hearing date to ensure the appeal is considered. It requires a signed and completed application along with a non-refundable appeal fee of $10 for each ticket being contested. Importantly, the form also allows the appellant to choose between appealing both the guilty determination and the penalty or just the penalty itself, which can significantly impact the appeal process. If the appellant opts for a review of the guilty determination, they must also arrange for a hearing transcript, which incurs an additional deposit fee. Timely payment of fines and surcharges is essential, as these must be settled regardless of the appeal status to avoid license suspension. Furthermore, the form includes a section for requesting a stay of any imposed license suspension pending the appeal's outcome, but valid reasons must be provided for such a request. Each section of the form is designed to guide the appellant through the process, ensuring that all necessary information is provided to facilitate a fair review by the Appeals Board.

Sample - Aa 33 New York Form

F
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 First M.I.
Date of Birth
Sex
o M o F
NYS Driver
License ID Number
Month Day Year
Appeal Mailing Address (Street) APT#
City Zip Code
State
ATTORNEY FOR THIS APPEAL (If any)
ATTORNEY MAILING ADDRESS: (Street)
City State Zip Code
Violation
Ticket #
Violation Date
Month Day Year
Conviction Date
Month Day Year
Hearing Location
Hearing Time
o AM
o PM
:
Hearing Judge
DMV USE
ONLY:
FEE AMT PAID: $__________________
VIOLATION: __________________________________________________________________________
FINE AMT: $_________________ ALJ: ______________ SPEED: _______/_______
STAY: ________________________________________________________________________________
¨ Check
¨ Money Order
¨ No Fee Paid
USPM:
_______________
AA-33 (3/15)
PAGE 1 OF 2
reset/clear
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:
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?
ü Have you explained the reasons for filing your appeal above? Have you explained your reasons for requesting a stay on page one?
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 (3/15)
dmv.ny.gov
PAGE 2 OF 2
reset/clear

Form Information

Fact Name Description
Filing Deadline The appeal form and fee must be mailed to the DMV Appeals Board within thirty (30) days of the conviction or hearing date. Late submissions will be rejected.
Appeal Fee A non-refundable fee of $10.00 is required for each ticket being appealed. Payments must be made by check or money order, not cash.
Stay Request Appellants can request a stay of the license suspension resulting from the TVB conviction. Valid reasons must be provided for this request.
Governing Law This form is governed by New York State Vehicle and Traffic Law, specifically related to traffic violations and appeals.

Detailed Guide for Filling Out Aa 33 New York

Filling out the Aa 33 New York form is an important step if you wish to appeal a traffic violation. After submitting the form, you will await a response from the Appeals Board, which will inform you about the next steps in the process. It's crucial to ensure that all sections are completed accurately to avoid any delays or rejections.

  1. Obtain the Form: Download the Aa 33 New York form from the DMV website or request a hard copy.
  2. Fill in Personal Information: Clearly write your last name, first name, middle initial, date of birth, sex, and NYS Driver License ID number.
  3. Provide Appeal Mailing Address: Include your complete mailing address, including street, apartment number (if applicable), city, state, and zip code.
  4. Complete Ticket Information: Enter the ticket number, violation, violation date, conviction date, hearing location, hearing time, and hearing judge.
  5. Select Transcript Review Option: Choose whether you want the Appeals Board to review the guilty determination and penalty or if you only want to appeal the penalty.
  6. Request for Stay: If applicable, request that any license suspension or revocation be stayed pending the outcome of your appeal. Provide valid reasons for this request.
  7. Write Appeal Arguments: In the designated space, explain your reasons for filing the appeal. Attach additional pages if necessary.
  8. Sign and Date the Form: Affirm that all information provided is true, sign your name, and date the form.
  9. Prepare Payment: Include a $10.00 non-refundable appeal fee for each ticket, via check or money order made out to the “Commissioner of Motor Vehicles.”
  10. Mail the Form: Send the completed form and payment to NYS DMV Appeals Board, P.O. Box 2935, Albany, NY 12220-0935 within 30 days of the conviction or hearing date.

Obtain Answers on 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 decision made by the Traffic Violations Bureau (TVB) regarding traffic violations. Individuals who have been found guilty of a traffic offense can utilize this form to contest either the guilty determination itself or the penalty imposed. It is essential to complete this form accurately and submit it within the specified timeframe to ensure the appeal is considered.

  2. What are the requirements for filing an appeal?

    To file an appeal using the AA 33 form, you must adhere to the following requirements:

    • Mail a signed and completed appeal form along with a $10.00 non-refundable appeal fee for each ticket being appealed.
    • Do not send cash; instead, use a check or money order made payable to the “Commissioner of Motor Vehicles.”
    • Ensure that the appeal form and fee are mailed within thirty (30) days of the conviction or hearing date.
    • For each ticket appealed, send a separate appeal form and fee, although multiple appeals can be sent in one envelope.

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

  3. What happens if I do not pay my fines while appealing?

    It is crucial to understand that fines and surcharges resulting from a conviction must be paid even if an appeal is filed. Unpaid fines can lead to a suspension of your driving license, which is not paused by the Appeals Board during the appeal process. Therefore, it is advisable to send your fine and surcharge payments to the designated DMV Traffic Violations Division address, rather than the Appeals Board.

  4. Can I request a stay of my license suspension while my appeal is pending?

    Yes, you can request a stay of the license suspension or revocation that results from the TVB conviction. However, this request must be accompanied by valid reasons. You should clearly outline your reasons for requesting a stay on the form, and you may attach additional pages if necessary. Keep in mind that a stay will not be granted without sufficient justification.

Common mistakes

Filling out the Aa 33 New York form can be a straightforward process, but many people make mistakes that can lead to their appeals being rejected. One common error is failing to sign the form. Without a signature, the Appeals Board will not process the appeal. It is crucial to ensure that the form is signed in the designated area.

Another frequent mistake involves not completing all applicable sections of the form. Each section is important, and leaving any part blank can result in rejection. Individuals should take their time to fill out every required field clearly and accurately.

People often overlook the appeal filing requirements, particularly the need to mail the appeal form and fee within thirty days of the conviction date. Submitting the form late will lead to automatic rejection. Keeping track of deadlines is essential for a successful appeal.

Sending cash is another common error. The form specifically states that cash should not be sent. Instead, individuals must use a check or money order made out to the "Commissioner of Motor Vehicles." Failing to follow this guideline could delay the appeal process.

Many individuals do not include the appropriate appeal fee for each ticket they wish to contest. Each ticket requires a separate fee, and combining multiple fees into one payment without noting the ticket numbers can lead to confusion and potential rejection.

Another mistake occurs when people do not check the appropriate box regarding their appeal intentions. The form offers options for appealing both the guilty determination and the penalty or just the penalty alone. Selecting the wrong option can affect the scope of the appeal.

Lastly, some individuals forget to provide valid reasons for requesting a stay of their license suspension. The form requires this information, and failing to include it can result in the denial of the stay request. Providing clear and concise reasons is essential for this part of the process.

Documents used along the form

The AA 33 New York form is essential for appealing traffic violations. However, it is often accompanied by several other forms and documents that help streamline the appeal process. Understanding these additional documents can significantly enhance your chances of a successful appeal.

  • FOIL Request Form: This form is used to request copies of hearing exhibits and other records related to your case. If you want to gather evidence or documentation from your hearing, submitting a Freedom of Information Law (FOIL) request is necessary.
  • Transcript Order Form: If you choose to appeal the guilty determination, this form allows you to order a transcript of your hearing. This transcript is crucial for reviewing the arguments and testimony presented during your hearing.
  • Payment Authorization Form: This form is used to authorize the payment of fees associated with your appeal, including the $50 transcript deposit. It ensures that the necessary payments are processed correctly and on time.
  • Stay Request Form: If you wish to request a stay of your license suspension pending the outcome of your appeal, this form is necessary. You must provide valid reasons for your request to be considered.
  • Notice of Change of Address Form: If you move after filing your appeal, this form is essential for updating your address with the Appeals Board. Keeping your contact information current ensures you receive all correspondence regarding your appeal.
  • Proof of Mailing: While not a formal document, keeping a copy of your mailing receipt is crucial. This proof serves as evidence that you submitted your appeal within the required timeframe.
  • Appeal Argument Submission: This is not a separate form but a critical part of your appeal. You will need to articulate your arguments clearly and concisely in writing, explaining why you believe the penalty should be reconsidered.

By familiarizing yourself with these additional documents, you can navigate the appeal process more effectively. Each form plays a unique role in supporting your case and ensuring that all procedural requirements are met. Taking the time to prepare these documents thoroughly can make a significant difference in the outcome of your appeal.

Similar forms

The AA 33 New York form is a crucial document for individuals looking to appeal a traffic violation decision. It shares similarities with several other legal documents. Below is a list of five such documents and how they relate to the AA 33 form:

  • Notice of Appeal: This document is filed to formally indicate a party's intention to challenge a court decision. Like the AA 33 form, it requires specific information about the case and must be submitted within a set timeframe.
  • Request for Hearing: Similar to the AA 33 form, this document is used to ask for a hearing regarding a legal matter. Both forms necessitate a clear statement of the issues being contested and are subject to deadlines for submission.
  • Motion to Stay: This document requests that a court or agency pause enforcement of a decision while an appeal is pending. The AA 33 form includes a section where individuals can request a stay of license suspension, reflecting this similar purpose.
  • Affidavit of Appeal: This is a sworn statement that outlines the reasons for appealing a decision. The AA 33 form also requires individuals to state their arguments and reasons for the appeal, emphasizing the importance of presenting a clear case.
  • Petition for Review: This document is filed to seek a higher court's review of a lower court's decision. Like the AA 33 form, it must be completed accurately and submitted within a specific period to be considered valid.

Dos and Don'ts

When filling out the Aa 33 New York form, it is crucial to follow specific guidelines to ensure your appeal is processed smoothly. Here are five things you should and shouldn't do:

  • Do type or print clearly. This helps avoid confusion and ensures that your information is accurately recorded.
  • Do mail your signed appeal form along with the $10 non-refundable appeal fee within thirty days of your conviction date.
  • Do send a separate appeal form and fee for each ticket you are appealing, even if they are mailed in the same envelope.
  • Don't send cash. Always use a check or money order made out to the “Commissioner of Motor Vehicles.”
  • Don't forget to keep copies of your appeal form and any supporting documents for your records.

Following these guidelines can help ensure that your appeal is accepted and processed without unnecessary delays.

Misconceptions

Understanding the AA 33 New York form is crucial for anyone looking to appeal a traffic violation. However, several misconceptions can lead to confusion and potential issues in the appeal process. Here are six common misconceptions:

  • Misconception 1: You can submit your appeal form without paying the fine first.
  • This is incorrect. Even if you file an appeal, you must pay your fine to avoid license suspension. The Appeals Board does not stay fines during the appeal process.

  • Misconception 2: You can send cash for the appeal fee.
  • Cash is not accepted. You must send a check or money order made out to the “Commissioner of Motor Vehicles.” Ensure you include your TVB ticket number on the payment.

  • Misconception 3: You can appeal the penalty without filing a separate appeal form for each ticket.
  • Misconception 4: The Appeals Board will review new evidence or witness credibility.
  • This is not the case. The Appeals Board does not rehear cases or accept new evidence. They only review the existing record from the hearing.

  • Misconception 5: You have unlimited time to file your appeal.
  • Time is of the essence. The appeal form and fee must be mailed within thirty (30) days of the conviction or hearing date. Late submissions will be rejected.

  • Misconception 6: You can appear in person to present your case.
  • Personal appearances are not allowed. All arguments must be submitted in writing. If a transcript is produced, you will have 30 days to submit final arguments.

It is vital to understand these points to navigate the appeal process effectively. Failure to adhere to the requirements can jeopardize your appeal.

Key takeaways

Filling out the AA-33 New York form correctly is crucial for a successful appeal of a traffic violation. Here are five key takeaways to keep in mind:

  • Timeliness is Essential: You must submit the completed form and the appeal fee within thirty (30) days of your conviction or hearing date. Late submissions will be rejected.
  • Payment Guidelines: Only send a check or money order for the appeal fee, made payable to the “Commissioner of Motor Vehicles.” Cash payments are not accepted.
  • Separate Submissions: Each ticket you wish to appeal requires its own form and fee. You can send multiple appeals in one envelope, but each must be individually documented.
  • Transcript Review: If you want the Appeals Board to review the guilty determination, you must pay a $50 transcript deposit to the transcription company within 30 days of receiving instructions from the Appeals Board.
  • Stay Requests: If you wish to request a stay of your license suspension pending the outcome of your appeal, provide valid reasons for this request. Simply stating your desire is not enough.

By adhering to these guidelines, you can ensure that your appeal is processed efficiently and effectively. Take action promptly to protect your rights and driving privileges.