Q: Why don't NYC traffic tickets contain a sworn statement by the ticketing officer that he personally served the ticket?
Why don't NYC traffic tickets contain a sworn statement by the ticketing officer that he personally served the ticket? According to Section 150.40(2) of the CPL (NYS) "An appearance ticket, other than one issued for a traffic infraction relating to parking, must be served personally". Isn't there a lack of Prima facia proof of personal service? The motorist should not have to claim he did not receive the ticket rather just remain silent. If the officer can remember personally serving the ticket than that would remedy the problem but it is likely often not the case given the amount of time that passes between the summons and the hearing.
A: The CPL doesn't apply to traffic tickets issued in NYC to the Traffic Violations Bureau. The case proceeds as a administrative proceeding.
Tim Akpinar agrees with this answer
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