+ SHARE THIS PAGE

Appeal a TVB ticket conviction

How can I appeal a Traffic Violations Bureau (TVB) Traffic Ticket?

You can appeal a Traffic Violations Bureau (TVB) conviction online or by mail.

  • you must file your appeal within 30 days of the date of conviction
  • you must pay a $10 non refundable appeal fee for each conviction appealed within 30 days of the date of conviction 1

Your submission of an appeal online or by mail does not mean that your appeal has been accepted. The DMV Appeals Board must determine that your appeal meets legal requirements. 2

 

Can I appeal a TVB conviction online?

You can if

  • you have been convicted in a NYS Traffic Violations Bureau (TVB) for a traffic offense
  • the conviction occurred within the last 30 days 3

The traffic ticket must display the words "Traffic Violations Bureau" at the bottom. If it does not, you cannot file an appeal with the Department of Motor Vehicles. 4

At the end of the transaction you will get a 3-digit Appeal Access number. You can use this later to check the status of your appeal.

You can appeal one transaction (convicition) online at a time.

 

What do I need to do to appeal online?

To appeal your TVB traffic ticket online, you will need

  • the TVB traffic ticket number from your conviction (see a sample ticket)

and either your

or your

  • full name, date of birth, and gender (as they appear on the traffic ticket)

and the following

  • your mailing address (please note that any address you enter for the appeal will not automatically update your DMV driver license or vehicle records)
  • an Appeal Argument that explains the valid reasons for your appeal
  • if an attorney will represent you in the appeal, the attorney's name and mailing address
  • if you request a stay of a suspension or revocation that resulted from the conviction, a written 'Stay Argument' 5

You must notify the DMV Appeals Board in writing immediately of any change of address that occurs after an appeal is filed.


How can I submit exhibits or arguments that can't be submitted online?

You can mail DMV any exhibits or arguments that cannot be submitted online. Evidence, exhibits or documents not submitted to and considered by the hearing officer may not be filed with the appeal. 6


Can I cancel an appeal I submit online?

You cannot cancel your transaction after you verify your information or submit your payment.


Can I edit my Appeal Argument after I filed my appeal online?

No. You cannot edit your original Appeal Argument or any Additional Appeal Arguments.


Can I submit an additional Appeal Argument after I filed my appeal online?

Yes. If you request a transcript to be reviewed for your appeal, you may submit an additional Appeal Argument. The Additional Argument must be submitted within 30 days after the transcript you ordered has been sent to you from the Transcriber. To submit an Additional Argument after receiving your transcript, access the transaction again and enter either

or, your

  • name
  • date of birth
  • (3-digit) Appeal Access Number


Can I appeal by mail?

Yes. You can appeal by mail. Use Traffic Violations Bureau Appeal (AA-33). Mail your appeal and $10 appeal fee to

DMV Appeals Board
P.0. Box 2935
Albany, NY 12220-0935

To appeal a DMV determination other than a TVB conviction or penalty, use the Appeal From DMV Hearing Determination (AA-33A).

 

Can I appeal by phone?

No. You cannot appeal a TVB conviction by phone.

 

Can I appeal at a TVB office?

No. You cannot submit an appeal at a TVB office.

 

How can I check the status of my appeal filed online?

The Appeals Board will acknowledge receipt of your appeal form and fee with a letter.

You can also use the TVB Traffic Ticket Appeal service to check your appeal status. You will need to provide

  • the ticket number
  • your Client Identification Number (CID)

or, your

  • name
  • date of birth
  • (3-digit) Appeal Access Number
  • 1. Your appeal is not refundable. Whether your appeal is rejected, or the conviction or penalty is affirmed, reversed, remanded, or modified, the appeal fee cannot be refunded.
  • 2. The DMV Appeals Board will reject your appeal if
    • your appeal form and fee are not filed in a timely manner
    • your appeal does not meet the requirements of NYS law
    • the matter is not legally allowed to be appealed
    • you fail to meet DMV requirements for appeals 

  • 3. For default convictions, you can appeal the denial of your application to reopen the default conviction only after the DMV TVB Default Unit has denied your Application to Reopen a Default Conviction (AA-3.3)
  • 4. The TVB does not process, and you cannot file an appeal with the DMV for any conviction or penalty that
    • occurred in a local court
    • resulted from a parking ticket
    • resulted from a criminal violation

    You must appeal these kinds of penalties and convictions with the local court or parking violations authority, not the Department of Motor Vehicles.

  • 5. The Stay Argument must explain the reasons why you need a stay. Filing an appeal does not change your obligation to pay the fine, surcharge, or other fees. The DMV will not grant a stay of a suspension for failure to pay a fine, surcharge or suspension termination fee.

  • 6. To submit exhibits or arguments that cannot be submitted through the online transaction.
    • If you submit the additional exhibits and/or arguments at the time you file the appeal online, check the box in the transaction that indicates that you will mail additional exhibits and/or arguments for your appeal.
    • If you order a transcript for your appeal, you must mail the additional arguments to the Appeals Board within 30 days after the transcript you ordered has been sent to you.
    • If you do not want or need a transcript, you must mail the exhibits and/or arguments within 10 days of the day you submit your appeal.
    • Evidence, exhibits or documents not submitted to and considered by the hearing officer may not be filed with the appeal.
    • The Appeals Board uses the US Postal Service postmark, if legible, to determine if your documents are timely. Keep your proof of mailing and a copy of anything you send to the Appeals Board.
    • Write the summons number of the appealed ticket on the front of the envelope and on all exhibits and/or arguments.

    Mail your documents to

    Appeals Processing Unit
    P.O. Box 2935
    Albany, NY 12220-0935 

Before You Start

You must have

  • a TVB traffic ticket number from a TVB ticket
  • your DMV Client ID Number

Do it by phone

You can’t appeal a TVB conviction by phone.

Do it by mail

If you do not want to file an appeal online, use Traffic Violations Bureau Appeal (AA-33).

To appeal a DMV determination other than a TVB conviction or penalty, use form Appeal Form (AA-33A). Mail your appeal and fee(s) to

DMV Appeals Board
P.0. Box 2935
Albany, NY 12220-0935

Do it at the DMV

You can’t appeal at an office. 

For your convenience, many DMV PDF forms can be filled in online and then printed.