1805 - Plea of guilty, how put in.

§ 1805. Plea  of  guilty, how put in. The provisions of section 170.10  of the criminal procedure law and the  provisions  of  section  eighteen  hundred  seven  of this article may be waived, to the extent hereinafter  indicated, by a defendant charged with a violation of any  provision  of  the  tax  law or the transportation law regulating traffic, or a traffic  infraction, as defined in this chapter, other than a third or subsequent  speeding  violation  committed  within  a  period  of  eighteen  months,  provided  that  he  shall  submit  to  the  local  criminal court having  jurisdiction, in person, by duly authorized agent, by first  class  mail  or  by  registered  or  certified  mail,  return  receipt  requested, an  application setting  forth  (a)  the  nature  of  the  charge,  (b)  the  information  or  instructions required by section eighteen hundred seven  of this article  to  be  given  defendant  upon  arraignment,  (c)  that  defendant  waives  arraignment in open court and the aid of counsel, (d)  that he pleads guilty to the offense  as  charged,  (e)  that  defendant  elects  and  requests  that  the  charge  be disposed of and the fine or  penalty fixed by the court, pursuant to this section, (f) any  statement  or  explanation  that  the  defendant  may desire to make concerning the  offense charged and (g) that defendant makes all statements with respect  to such application under penalty of perjury. This application shall  be  in  such  form  as  the  commissioner shall prescribe and a copy thereof  shall be handed to the defendant by the officer charging him  with  such  offense.  Thereupon  the  local criminal court may proceed as though the  defendant had been convicted upon  a  plea  of  guilty  in  open  court,  provided,  however,  that  any  imposition  of fine or penalty hereunder  shall be deemed tentative until such fine or  penalty  shall  have  been  paid  and  discharged  in  full,  prior to which time such court, in its  discretion,  may  annul  any  proceedings  hereunder,   including   such  tentative  imposition  of  fine or penalty, and deny the application, in  which event the charge shall be disposed of pursuant to  the  applicable  provisions  of  law,  as  though  no proceedings had been had under this  section. If upon receipt of the aforesaid application such  court  shall  deny the same, it shall thereupon inform the defendant of this fact, and  that he is required to appear before the said court at a stated time and  place  to  answer  the  charge  which  shall  thereafter  be disposed of  pursuant to the applicable provisions of law.