Red light cameras in Nassau County, which were supposed to generate millions of dollars for the county without any upfront expense, will require more than $1 million in start-up costs, county officials now say.

The money is a combination of the amount it will cost to lease the actual equipment and to hire nine new clerks (approx $330,000) to handle the expected tripling of its current annual average of 300,000 tickets.

Some Nassau officials are upset they were told one thing which is actually turning out to be something else.  Others are saying it’s more a matter of bookkeeping with respect to what money is paid and when it’s paid.

Personally, I’m not sure how anyone really could have thought there would be zero start up costs.  The new clerks and the overhead of simply managing the increase in red light camera tickets issued seem to be a pretty obvious and predictable expense.

No one, however, is worried about the program ultimately turning a profit. The cameras are projected to bring in $3 million this year and about $12 million for each whole year.

As always with these tickets, it’s important to note that they are considered New York parking tickets, not traffic tickets.  If you receive a red light camera ticket in the mail, you are actually being charged with a NY parking violation, not a moving violation.  These camera tickets are written against the car itself and do not attach to an individual’s driver license.

Thanks to Newsday for reporting this story which can be found in it’s entirety here:  Nassau County red light parking tickets cost.

Submitted by New York traffic ticket lawyer Scott Feifer

These are tough times and we are all hurting.  Almost every type of business is touched either directly or indirectly.  If your business is one of the few to thrive, you are still left with various investments now worth a fraction of what they once were.

While many families cut expenses, there are some things you can’t avoid. Avoid eating out, but you still must eat.  Cars need gas and servicing.  Kids need clothes, etc.

You can, however, exercise a good deal of control when it comes to fees and fines paid to the NYS DMV for traffic tickets, license suspensions and other driving related issues.  Considering the economy and the fact that that many of these fees and fines are rising at an alarming rate, it’s more important than ever to follow these very simple rules:

1.  Before you operate a vehicle in NY, make sure the brake lights and turn signals and headlights are all in working order.

2.  Make sure your paperwork is up to date and available.  In particular, your driver license, automobile insurance and vehicle registration.

3. If for some reason your license is suspended for prior issues, clear it ASAP and prior to driving.  Driving with a suspended license (AUO) is a misdemeanor in New York and you are only heading for bigger problems if you drive while suspended.  Take cabs and/or get rides in the meantime.

4.  Obey the NY speed limits.  How much faster are you going to get there?  Is it worth a speeding ticket?

5.  Obey New York traffic control devices and red light signals.  No left turn sign?  How about making a right turn and then a u-turn?  Red light?  Just stop and wait.  Again, how much faster are you getting there and is it worth the potential expense?

6.  Use your turn signal when changing lanes and when turning at an intersection.  A simple flick of the wrist and you can avoid unnecessary scrutiny from any nearby enforcement officers.

7.  If you get pulled over for some reason, keep your hands still and seatbelt on.  Don’t make the officer nervous or tempted to charge you with multiple NY traffic violations instead of just one.

8.  If you do get pulled over, be nice.  Perhaps you are only getting a friendly New York warning instead of a less friendly NY traffic ticket.

9.  If you are charged with a moving violation or misdemeanor under the NYS Vehicle and Traffic Law or the NYC Traffic Rules, fight it.  Make the state prove it’s case if it’s a NYC traffic ticket or potentially pursue a plea bargain in one of the state local village, town or county courts.

10.  Take a NYS DMV approved point and insurance reduction class every 18 months.  If you have driver license points, this will reduce your total by four.  It’s also good for a 10% decrease in your insurance rates regardless of your point situation.  Moreover, now that DMV has made the defensive driving class available online, it’s easier than ever to complete.

Submitted by New York traffic violations lawyer Scott Feifer

In many Traffic Violation Bureau (TVB) cases, the majority of which are traffic tickets in NYC, the Judge will require payment of a $40 cash bond on a ticket. It’s a refundable deposit and, as long as a motorist shows for court on the next hearing date, it will be returned.

For years, NY traffic ticket attorneys complained that this bond payment had to be paid in cash on the same day it was requested by the Judge. If it wasn’t, a motorist’s license would be suspended at midnight that night.

We are happy to report the efforts in getting this rule changed have finally paid off. Bond payments are now due the following day. This significantly cuts down the number of suspensions based on failure to pay the bond on time.

If you have any questions about what a bond is or why it may be required, feel free to contact our firm any time.

Submitted by NYC traffic lawyer Matthew Greenberg

A bill has been proposed that would make all traffic agents take photographs of certain parking violations.

Of course, NYC parking ticket issuing agencies and other agencies affected are against it.

Councilman James Vacca, who sponsored the bill, said the city was just concerned that it would lose revenue from “unreasonable, inappropriate, and frivolous tickets.”

“I think that’s part of the reason they’re opposed to it,” Vacca, a Bronx Democrat, said. “Traffic tickets were never meant to be a revenue raiser.”

Is the Councilman implying the city now views parking tickets as a revenue raiser?  Of course he is.  And it’s a big revenue raiser at that.

Images of violations like parking in bus stops, bicycle lanes, and closer than fifteen feet to a fire hydrant would stop most traffic agents from printing bogus parking tickets.

Such tickets are issued regularly–I’ve personally been the victim.  I was forced to prove my ticket was bogus by taking a picture of the entire block, corner to corner, to show I wasn’t doing what I was charged with at the specific location in question.

This bill essentially puts the burden on the those who issue the parking violations to show you were doing something wrong in the first place.

It may be costly to bear that burden, but it sounds right.  Isn’t that the responsibility of the prosecution when charges are brought?  Defendants, from murder to NYC parking violations, are innocent until proven guilty.  These pictures would serve as the proof and reverse the current nature of a parking ticket hearing–guilty until the defendant proves himself innocent.

Upgrading the ticket machines could cost as much as $60 million, but Vacca said that price tag is more like $25 million.

Regardless of the cost, good to see discussions about eliminating bogus tickets, parking or moving.

The original news story can be found here:  Proposed parking ticket bill.

Submitted by Scott Feifer

City, town and village traffic courts were notified last month that the state Legislature amended New York’s Vehicle and Traffic Law to require courts to schedule an extra appearance date for motorists to talk over a plea-bargain with a police officer or prosecutor.

This law is related to the big change we saw back in 2006, when state police decided to enforce a policy against allowing troopers to plea-bargain traffic tickets. Traditionally, State Troopers would issue speeding tickets and other moving violations and then, in court, serve as prosecutor for the case and potentially offer plea bargains to lesser charges. This ended in 2006 and forced courts, which rely on plea bargains to quickly and fairly dispose of a high percentage of cases, to scramble and find alternatives. Many District Attorney offices don’t have the manpower to serve as prosecutors for vehicle and traffic cases, so they delegated that authority to lawyers hired by towns and villages. Some courts couldn’t afford or never found alternative prosecutors and don’t negotiate at all on traffic tickets.

This change in 2006 has been, at best, an inconvenience to courts, motorists and the newly appointed prosecutors alike. At worst, it’s an unfair practice that has brought numerous protests and appeals. How your case was treated in court depended on whether a State Trooper or local officer issued the ticket.

Primary purpose of all this? Limit the time the Trooper had to spend in traffic court and thus limit their amount of overtime pay.

Despite this policy aimed towards cutting Trooper time in court, Troopers would always be required to show up at court as a witness if the case went to trial. There was no way around that. When the court sent a motorist a “trial” date, the Trooper would need to be there on that date. Even if the Trooper was under orders to remain silent and offer no plea bargain, he still would be summonsed to court. Thus, if a motorist did not want to accept a plea bargain offered by an alternate prosecutor or it was a court which never found alternative prosecutors, the trial could be held that same day because the Trooper was already there.

Not any more. The new law now requires that first date to be a “conference” date. No traffic ticket trials will be held on this date and therefore the Trooper will not be required to attend.

Here are the ramifications now that a first date in court is automatically a “conference” date and not a “trial” date and there will be no Trooper present:

1. There was always a chance a motorist could get lucky and get a case dismissed because the Trooper failed to show. Not any more.

2. If a motorist tries to negotiate a plea bargain with an alternative prosecutor and is unsuccessful, the motorist must come back on another date to have a trial.

3. The motorist loses leverage. In courts where there are alternative prosecutors, these prosecutors know they can offer lesser deals because, if the motorist turns the offer down, the motorist must either plead guilty on the spot and end the case or come back another time for a trial.

4. In a court that has not appointed alternative prosecutors at all, a motorist must show up at court two times to fight the ticket. The first time, they will be forced to either plead guilty on the spot and end the case or come back another time for a trial.

What can you do about this? If you have been issued a New York traffic ticket that is answerable in one of these local courts, your goals should be the same as they would have been before this law. Prevent license points, surcharges, insurance increases, etc. The difference now is trying to retain leverage to get the best deal possible and doing everything possible to avoid making two trips to court.

As a NY traffic ticket attorney, I may not approve of all this but I do have to admit it makes my services a little easier to sell. We charge flat fees and our clients rarely need to attend court at all, let alone two times for one simple ticket. Moreover, I’ve always thought represented motorists are likely to get better offers on the whole than unrepresented motorists. Perhaps I’m biased, but considering the new playing field and leverage the courts/prosecutors have, this may be more accurate today than ever before.

If you have any questions about a NY speeding ticket or other traffic ticket in NY that you feel may be affected by this new law, feel free to contact us anytime.

Kudos to the Times Herald-Record for reporting on this new law. The original story can be found here: NY traffic tickets may require extra court dates.

Submitted by irked by this new law traffic ticket lawyer Scott Feifer