In addition to the requirements of section six hundred three of this article and subdivision twelve of section eleven hundred ninety-two of this chapter, in every case where a law enforcement officer is required to report pursuant to section six hundred three of this article and a person is charged with a violation of this chapter arising out of such accident, the law enforcement officer alleging such charge shall make a clear notation in the 'Description of Violation' section of a simplified traffic information, or in an area provided on a summons and complaint pursuant to subdivision one of section two hundred twenty-six of this chapter, if, arising out of the same accident, someone other than the person charged was killed or suffered serious physical injury as defined in section 10.00 of the penal law; such notation shall be in the form of a 'D' if someone other than the person charged was killed and such notation shall be in the form of a 'S.P.I.' if someone other than the person charged suffered serious physical injury; provided however, that someone other than the person charged was killed and such notation shall be in the form of a 'S.P.I.' if someone other than the person charged suffered serious physical injury; provided however, that the failure to make such notation shall in no way affect a charge for a violation of this chapter.
New York Legal Code