Informal Opinion No.
Check Treatment

William W. Pulos, Esq. Town Attorney, Alfred

You have asked whether the provisions of the Criminal Procedure Law are applicable to the prosecution of vehicle and traffic infractions.

A review of the Criminal Procedure Law indicates that the prosecution of vehicle and traffic infractions is governed by its provisions. The "simplified traffic information" is the means by which a person may be charged with one or more traffic infractions or misdemeanors relating to traffic (Criminal Procedure Law, § 1.20[5][b]). This is a brief or simplified form prescribed by the commissioner of motor vehicles and may serve both to commence a criminal action and as a basis for prosecution(ibid.). We refer you to sections 100.25 and 170.10 of the Criminal Procedure Law dealing with the procedure for arraignment on a simplified traffic information.

We conclude that the procedure for prosecution of vehicle and traffic infractions is governed by the Criminal Procedure Law.