NYC Failure-to-Yield (§ 19-190[b]) at OATH: What to Expect
If you've received a summons for "Failure to Yield Causing Physical Injury" under NYC Admin Code § 19-190(b), you're likely feeling anxious about what comes next. The good news is that OATH hearings are handled by phone, and with proper representation, you can navigate this process smoothly.
Do I Have to Go to Court?
No, you don't have to go anywhere. OATH hearings are conducted by phone, which means you can handle this from the comfort of your home or office. The administrative law judge will call you at your scheduled time, and you'll participate in the hearing over the phone.
This phone hearing system was designed to make the process more convenient for everyone involved, especially busy New Yorkers who can't easily take time off work to appear in person.
What Do You Need From Me?
We keep it simple. Here's what we need to get started:
- Contact information (phone number and email)
- Payment (flat fee)
- Evidence is optional (photos, videos, or witness statements if you have them)
That's it. We don't need you to gather mountains of paperwork or spend hours preparing. Our experienced team will handle the legal arguments and evidence presentation.
How Fees and Scheduling Work
Flat fee - no hidden costs, no hourly charges, no surprises.
Important timing rule: Payment must be received at least 3 business days before your hearing date. This gives us time to sign into your case with OATH. We will not appear without payment, and we calendar your case immediately upon receiving payment.
What happens after you hire us:
- 1We sign into your case with OATH
- 2We submit any evidence you provide
- 3We appear by phone on your behalf
- 4We email you the written decision
What OATH Is (And Isn't)
OATH is an administrative tribunal, not criminal court. This is crucial to understand:
- No DMV points will be added to your license
- No warrant will be issued if you don't appear (though you'll face a default penalty)
- No criminal record will result from this summons
- Maximum penalty is $250 if found in violation
This is purely an administrative matter handled by the Office of Administrative Trials and Hearings, not the criminal justice system.
Outcomes and Timeline
Possible outcomes:
- Dismissal - case thrown out entirely
- Administrative finding - up to $250 penalty
Decision timeline: Written decisions typically arrive 5-15 days after the hearing. We email you the decision as soon as we receive it. You can also check your case status using the OATH/ECB ticket finder.
Important note: If you're found in violation, this is an administrative code violation only. However, it may affect separate insurance or civil claims (which are outside the scope of this representation).
Rescheduling and Missed Dates
Rescheduling (adjournment) is possible if you need to change your hearing date. You don't need to appear in person to request a reschedule - we can handle that for you.
Missed hearing: If you missed your original hearing date, you can often restore your case within 75 days of the original hearing date. Contact us immediately if you've missed a hearing - the sooner we act, the better your chances of restoration.
Will an Officer Be on the Call?
NYPD officers typically do not appear on phone hearings. The City usually proceeds based on the sworn summons and any supporting documentation. This is actually good news for your case, as it means the officer won't be there to provide additional testimony.
Get Started
Ready to handle your summons? Here's how to get started:
Call us: 917-476-7666
Email us: info@sharnovlaw.com
Simple next steps:
- 1Call or email us with your summons information
- 2Make payment (flat fee)
- 3We calendar your case
- 4We appear by phone on your behalf
- 5We email you the decision
We typically win these cases, but we can't guarantee any specific outcome. Our experienced team knows the system and will fight for the best possible result in your case.
Frequently Asked Questions
Q: Do I have to go to court in person?
A: No, OATH hearings are conducted by phone. You can participate from anywhere with a phone connection.
Q: What if I'm found in violation?
A: The maximum penalty is $250. This is an administrative violation, not a criminal charge, and won't add points to your license.
Q: Will I get DMV points?
A: No, OATH violations don't result in DMV points. This is purely an administrative matter.
Q: When will I get the result?
A: Written decisions typically arrive 5-15 days after the hearing. We email you the decision as soon as we receive it.
Q: Can we reschedule if needed?
A: Yes, adjournments are possible. You don't need to appear in person to request a reschedule.
Q: What if I missed my hearing date?
A: You can often restore your case within 75 days of the original hearing date. Contact us immediately for the best chance of restoration.
Q: Will the police officer be on the call?
A: NYPD officers typically do not appear on phone hearings. The City usually proceeds based on the sworn summons.
Q: What do you need from me?
A: Just your contact information and payment. Evidence like photos or videos is helpful but optional.
About the Author
Anthony Sharnov, Esq. is the founding partner of The Law Office of Anthony Sharnov, PC, with over 20 years of experience representing clients in NYC administrative proceedings. He focuses on OATH and ECB violations, helping clients navigate complex city regulations.
The firm focuses on practical solutions that protect clients' interests while ensuring compliance with city regulations.
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Legal Disclaimer
This article is for informational purposes only and does not constitute legal advice. Every situation is unique, and you should consult with an attorney for advice specific to your circumstances. This is attorney advertising. Prior results do not guarantee similar outcomes.
