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Blank Aa 33 New York PDF Form

The Aa 33 New York form is a document used to appeal a decision made by the Traffic Violations Bureau (TVB) regarding traffic violations. It requires the appellant to submit a signed and completed form along with a non-refundable fee within 30 days of the conviction date. To begin the appeal process, fill out the form by clicking the button below.

Article Guide

The AA 33 New York form is essential for individuals seeking to appeal a decision made by the Traffic Violations Bureau (TVB). This form facilitates the appeal process by allowing individuals to contest their traffic violations, including the penalties imposed. To initiate an appeal, it is crucial to complete the form accurately and sign it, as any omissions may lead to rejection. A non-refundable fee of $10 must accompany each appeal, and payments should be made via check or money order, not cash. The completed form, along with the payment, must be mailed to the New York State DMV Appeals Board within 30 days of the conviction or hearing date. The form also includes options for those wishing to review the guilty determination or appeal solely the penalty. Additionally, individuals may request a stay of any license suspension pending the outcome of their appeal, provided they offer valid reasons for such a request. It is important to note that fines and surcharges must be paid even if an appeal is filed, as failure to do so may result in a license suspension. The form also outlines the process for submitting appeal arguments and provides instructions for obtaining hearing transcripts, if necessary.

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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
Date of Birth	Month	Day	Year	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: $__________________
DMVUSE ONLY:	¨ Money Order
	¨ Check	USPM:
	¨ No Fee Paid	_______________
AA-33 (3/15)

VIOLATION: __________________________________________________________________________

FINE AMT: $_________________	ALJ: ______________	SPEED: _______/_______
STAY: ________________________________________________________________________________
		PAGE 1 OF 2

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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Form Specifications

Fact Name	Description
Purpose	The AA 33 New York form is used to appeal traffic violations issued by the Traffic Violations Bureau (TVB).
Filing Fee	A non-refundable fee of $10.00 is required for each ticket appealed. Payments must be made via check or money order.
Submission Deadline	Appeal forms must be mailed within 30 days of the conviction or hearing date to be accepted.
Transcript Review	Appellants can choose to review the transcript of the hearing or appeal only the penalty. A deposit for the transcript is required.
Governing Law	This form operates under New York State Vehicle and Traffic Law, specifically regarding traffic violations.

Aa 33 New York: Usage Guidelines

Filling out the Aa 33 New York form requires careful attention to detail. It is important to complete each section accurately to ensure your appeal is processed smoothly. Follow the steps below to fill out the form correctly.

Begin by typing or printing your last name, first name, and middle initial in the designated fields.
Enter your NYS Driver License ID Number and date of birth (month, day, year).
Indicate your sex by checking the appropriate box (M or F).
Fill in your appeal mailing address, including street, apartment number (if applicable), city, state, and zip code.
If you have an attorney for this appeal, provide their name and mailing address.
Input the ticket number, violation, violation date, conviction date, hearing location, and hearing time (AM or PM).
Check the appropriate box to indicate whether you want the Appeals Board to review the guilty determination or if you are appealing the penalty only.
If you are requesting a stay of the license suspension, provide valid reasons for your request in the space provided.
In the appeal arguments section, clearly state your reasons for filing the appeal. Attach additional pages if necessary.
Sign the form to affirm that all information is true, and write the date you signed the form.
Ensure you have enclosed a $10.00 non-refundable appeal fee by check or money order for each ticket you are appealing.
Make copies of the completed appeal form, the appeal fee, and proof of mailing for your records.

After completing the form, mail it along with the appeal fee to the NYS DMV Appeals Board within 30 days of your conviction date. Be sure to keep track of your submission and follow up if you do not receive an acknowledgment within 20 days.

Your Questions, Answered

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

The AA 33 New York form is used to appeal a decision made by the Traffic Violations Bureau (TVB) regarding traffic violations. If you have received a ticket and wish to contest the guilty determination or the penalty imposed, this form is your official means to submit that appeal to the New York State DMV Appeals Board.

How do I properly fill out the AA 33 form?

To complete the AA 33 form, you must fill in all required sections clearly, either by typing or printing. Ensure that you provide your personal details, including your name, address, and driver license ID number. It's crucial to sign the form; failure to do so will result in rejection. Additionally, select whether you are appealing both the guilty determination and the penalty or just the penalty.

What are the filing requirements for the appeal?

You must mail a signed and completed appeal form along with a $10.00 non-refundable appeal fee for each ticket you wish to appeal. This should be sent to the NYS DMV Appeals Board at the specified address. Remember, do not send cash; use a check or money order payable to the “Commissioner of Motor Vehicles.” All materials must be mailed within thirty days of the conviction or hearing date.

Can I appeal if I have not paid my fines?

No, you must pay any fines or surcharges resulting from your conviction even if you are filing an appeal. Failure to pay these fines may lead to a suspension of your license. Payments for fines should be sent to the DMV Traffic Violations Division, not the Appeals Board.

What happens if I miss the 30-day deadline to file my appeal?

If you do not submit your appeal form and fee within thirty days of the conviction date, your appeal will be rejected. It is essential to adhere to this timeline to ensure that your appeal is considered.

What is the process for requesting a stay of license suspension?

If you wish to request a stay of the license suspension resulting from your conviction, you must indicate this on the form and provide valid reasons for your request. Additional pages can be attached if necessary. Keep in mind that a stay will not be granted without valid justification.

Will I receive confirmation after submitting my appeal?

Yes, the Appeals Board will acknowledge receipt of your appeal form and fee by letter. If you do not receive this acknowledgment within 20 days, it is advisable to contact the Appeals Board using the address provided on the form.

What should I do if I want to review the hearing transcript?

If you want the Appeals Board to review the guilty determination, you must check the appropriate box on the form. You will then need to pay a $50 deposit to the transcription company within 30 days after receiving instructions from the Appeals Board. If you do not make this payment in a timely manner, the Appeals Board will only review the penalty imposed.

Common mistakes

Neglecting to Sign the Form: Many individuals forget to sign the appeal form. A missing signature can lead to automatic rejection of the appeal.
Inaccurate or Illegible Information: Filling out the form with unclear handwriting or incorrect details can create confusion and delays. Always type or print clearly.
Missing the Deadline: Submitting the appeal form after the thirty-day window from the conviction or hearing date will result in rejection. Timeliness is crucial.
Improper Payment Method: Sending cash instead of a check or money order is a common mistake. Ensure payments are made correctly to avoid complications.
Combining Multiple Appeals: Some people mistakenly send a single appeal form for multiple tickets. Each ticket requires a separate form and fee, though they can be mailed together.
Ignoring the Transcript Requirement: Failing to pay for the hearing transcript when appealing the guilty determination limits the review process to the penalty only.
Not Providing Valid Reasons for a Stay: When requesting a stay of suspension, valid reasons must be included. Without this, the request may be denied.
Forgetting to Notify of Address Changes: If there is a change of address, it is essential to inform the Appeals Board immediately. Failure to do so can result in missed communications.

Documents used along the form

When filing an appeal using the AA 33 New York form, several other documents may be required or beneficial to support your case. Each of these documents serves a specific purpose in the appeal process, ensuring that all necessary information is provided to the Appeals Board.

Hearing Transcript Request: This document requests the official record of the hearing. It is essential if you want the Appeals Board to review the guilty determination made by the TVB judge.
Proof of Payment: A receipt or confirmation that you have paid the fine associated with your ticket. This is crucial because unpaid fines can lead to license suspension.
Stay Request Letter: A letter requesting that any license suspension or revocation be temporarily halted while your appeal is being processed. This letter should outline valid reasons for the request.
FOIL Request: A Freedom of Information Law request to obtain copies of any hearing exhibits that were part of your case. This can provide valuable evidence for your appeal.
Supporting Affidavit: A sworn statement from a witness or yourself detailing the circumstances surrounding the violation. This can help strengthen your argument.
Additional Argument Statement: A written document where you can elaborate on your reasons for appealing. This should include any relevant details that support your case.
Legal Representation Authorization: If you have hired an attorney, this document authorizes them to act on your behalf during the appeal process.
Appeal Acknowledgment Letter: A letter from the Appeals Board confirming receipt of your appeal. Keeping this for your records is important in case of any disputes.

Gathering these documents can help streamline the appeal process and improve your chances of a favorable outcome. Each document plays a vital role in presenting your case effectively to the Appeals Board.

Similar forms

Traffic Ticket Appeal Form: Similar to the AA 33 New York form, this document is used to contest a traffic violation. It requires the appellant to submit a completed form along with an appeal fee, typically within a specified timeframe after the violation.
Notice of Appeal: This document is filed to indicate a party's intention to appeal a decision made in a lower court. Like the AA 33, it must be submitted within a certain period and often requires a filing fee.
Request for Transcript: When appealing a decision, a party may need to request a transcript of the original hearing. This process is similar to the AA 33, where a transcript is necessary for a complete review of the case.
Petition for Rehearing: This document requests a higher court to review a decision made by a lower court. It shares similarities with the AA 33 in that it must be filed within a specific time frame and typically requires a statement of reasons for the request.
Application for Stay: This document is used to request that the enforcement of a decision be paused pending the outcome of an appeal. The AA 33 includes a similar request for a stay of license suspension during the appeal process.
Affidavit of Appeal: This sworn statement is used to support an appeal, detailing the reasons for contesting a decision. Like the AA 33, it requires the appellant to affirm the truthfulness of the information provided.

Dos and Don'ts

When filling out the AA-33 New York form, there are several important guidelines to follow. Below are four key dos and don'ts to ensure your appeal is processed smoothly.

Do fill out the form completely and sign it. Incomplete forms will be rejected.
Do mail your appeal form and a $10.00 non-refundable appeal fee for each ticket to the specified address within 30 days of your conviction date.
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 completed form and payment for your records.

By following these guidelines, you can help ensure that your appeal is considered without unnecessary delays.

Misconceptions

Misconception 1: The Aa 33 form can be submitted without a signature.

Some people believe that they can submit the form without signing it. However, the form must be signed and completed in all applicable sections. Failure to do so will lead to rejection of the appeal.

Misconception 2: Cash payments are accepted for the appeal fee.

Many assume that cash can be sent as payment for the appeal fee. In reality, cash is not accepted. Only checks or money orders made out to the "Commissioner of Motor Vehicles" are acceptable.

Misconception 3: Late appeals will still be considered.

Some individuals think that submitting an appeal after the 30-day deadline is permissible. This is incorrect. Late appeals will be rejected, and it is essential to adhere to the timeline.

Misconception 4: The Appeals Board will review all evidence presented at the original hearing.

It is a common belief that the Appeals Board can reconsider all evidence. However, the Appeals Board does not rehear cases or accept new evidence. They only review the record from the original hearing.

Misconception 5: If the appeal is successful, fines will not need to be paid.

Some think that if they win their appeal, they do not have to pay any fines. This is not true. Fines and surcharges must be paid even if an appeal is filed, or else a license suspension may occur.

Key takeaways

When filling out and using the AA-33 New York form for appealing a traffic violation, consider the following key takeaways:

Complete All Sections: Ensure that every applicable section of the form is filled out completely. Incomplete forms will be rejected.
Timely Submission: Mail the signed form and a $10.00 non-refundable appeal fee within 30 days of your conviction or hearing date. Late submissions will not be accepted.
Separate Appeals: For each ticket you wish to appeal, submit a separate form and fee. However, multiple appeals can be sent in one envelope.
Transcript Review: Decide whether you want the Appeals Board to review the guilty determination or just the penalty. This choice affects whether you need to pay for a transcript.
Stay Request: If you wish to stop a license suspension pending the outcome of your appeal, provide valid reasons for your request. This is not guaranteed.