Buffalo, NY -- (ReleaseWire) -- 07/19/2013 --The Buffalo Traffic Violations Bureau on Main Street, in Downtown Buffalo, is about the worst place a motorist can find themselves when facing a moving traffic violation charge. This is because Buffalo TVB(and all the TVBs throughout NYC) are administrative courts with no prosecutor and a lower burden of proof for the judge to find the motorist guilty. Additionally, the rules of new york criminal procedure do not apply nor do the generally accepted principles of evidence as applied by local criminal courts.

Because the rules of evidence, specifically the right of discovery and the admissibility of hearsay, are more lax than in normal court, the TVB system has often been characterized as a difficult or biased one. The absence of an option to plead to reduced charges, traditionally a staple of traffic court, has been especially criticized.

The threshold of conviction is "Clear and convincing evidence", in contrast to the general definition of proof beyond a reasonable doubt. It has been argued that this is a lower standard, making conviction easier.

The New York State Department of Motor Vehicles has in the past noted that a 65% conviction rate is required to maintain the financial viability of the Traffic Violations Bureau System (Source: New York State Bar Association Committee on Administrative Adjudication).

The concept of administration adjudication was upheld by New York State's highest court, the Court of Appeals, in 1977 in a 4-3 decision in Rosenthal v. Hartnett.

What does all this mean to the average motorist facing a speeding ticket in TVB? It means a much higher likelihood of conviction and points on your license.

Noticing that there has been a recent surge in the number of motorists in Buffalo receiving tickets returnable to the Buffalo TVB, J John Sebastian is expanding his traffic court practice in an effort to help those fellow citizens.

According to J John Sebastian, "I am very happy to expand my traffic court practice beyond the town and justice courts in order to actively defend motorists accused of traffic infractions at the Buffalo TVB."

“The Buffalo TVB is a very difficult court to practice in. It requires incredible attention to detail, and an ability to conduct a concise and compelling cross examination of the police officer or trooper. It also requires a strong working knowledge of the technical aspects of the different speed detection instruments used by law enforcement”

Sebastian's most recent trial at Buffalo TVB on June 6th, 2013, where the motorist was charged by a New York State Trooper with speeding (VTL 1180b)and uninsured operation(VTL 319.1) resulted in two Not Guilty judgments by the Administrative Law Judge.

According to the client. “I thought when the trooper showed up we were in trouble, but the judge said not guilty on both charges in the middle of John questioning the trooper....to say I was happy to have had John represent me is an understatement”

About J John Sebastian
J John Sebastian is a former Assistant District Attorney and former Legal Aid Society Attorney who started practicing criminal law in 1991 in the NYC Metro Area. Over the years Sebastian has handled over 75+ New York State Traffic Violations Bureau trials at the various NYC area TVBs.

He has also successfully represented individuals charged with various criminal and traffic offenses including Drug Possession and Sale, DWI, Embezzlement, Homicide, Attempted Murder, Robbery, Larceny, Domestic Violence, Fraud, Aggravated Unlicensed, Reckless Driving, Prostitution, Criminal Mischief, Aggravated Unlicensed and just about every other type of traffic or criminal charge.