Commissioner's Regulation Section 123.5

123.5  Personal appearance required. 

(a) A motorist may not plead guilty by mail and must appear before an administrative law judge on or before the date of appearance, if: 

(1)  considering the motorist's prior driving record, a conviction on this charge would result in the motorist being considered a persistent violator in accordance with Part 131 of this Title; or

(2)  a conviction on this charge would result in a mandatory suspension or revocation of his or her license or driving privileges;

(3)  the charge alleges that the motorist was driving 30 miles per hour or more above the speed limit, or any speeding offense where the motorist has been previously convicted of a speeding offense committed within the last 6 months; 

(4)  RESERVED

(5)  the charge alleges a violation of section 509 of the Vehicle and Traffic Law, and the motorist has two prior convictions of such section within the preceding 10 years; 

(6)  the motorist is the holder of a class DJ or MJ driver's license; 

(7)  the motorist is the holder of a license issued pursuant to section 530 or 1196 of the Vehicle and Traffic Law; 

(8)  the motorist's license or driving privileges were under suspension or revocation at the time the summons was issued; or 

(9)  the commissioner so requires, considering the facts and circumstances surrounding the alleged violation.

(b) If a motorist pleads guilty in a case in which a personal appearance is required, the procedure to be followed when he or she appears at a hearing office is the same as for a guilty with an explanation plea.