Opn. No.

Francis J. Roche, Esq. Attorney for the Town of Claverack

You request an opinion whether a town justice, in whose court there has been filed a ticket charging a violation of Vehicle and Traffic Law § 1180 subd b, may alter the ticket without giving notification to anyone and without obtaining permission from the issuing officer, the district attorney or the driver of the vehicle, to change the charge to violation of Vehicle and Traffic Law § 1180 subd d, thus permitting the town, instead of the State, to receive the fine.

There can be a conviction only where the charge is supported by a sworn…