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

Points for a New York Speeding Ticket range from 3 to 11. The number of points put on your NY drivers license depends on how many mph over the limit you were driving–not your actual speed.

Speeding ticket NY points:

3 pts
An unspecified “unreasonable” speed
1-10 over the speed limit

4pts
11-20 over the speed limit

6pts
21-30 over the speed limit

8pts
31-40 over the speed limit

11pts
41+ over the speed limit

Two important notes on speeding tickets in NYC. The posted NYC speed limit is never higher than 50 mph and in areas where no speed limit is posted it’s automatically 30 mph. These are worth noting when discussing NYC speeding tickets.

Also note that one big speed (41+) is enough to result in suspension of a NY driver license and one single mid level speed (21+) is enough to subject a driver to large state assessments.

Considering the penalties and potential insurance increases, all New York speeding tickets should be handled carefully.

Submitted by NY speeding ticket attorney Scott Feifer

Many desperate, financially strapped car owners are intentionally destroying (burning in many cases) or simply dumping their vehicles and then reporting them stolen to cash in on the automobile insurance.

This is known as an owner “give-up”.  Most claims are filed by first-time offenders looking for a quick financial fix.  In most cases these are people who view this as a “victimless” crime and wouldn’t consider committing other types of more traditional and “personal” crimes.    One industry insider described people who think “insurance companies are rich and fat” and won’t miss a little money

Experts say the billions of dollars in insurance losses are actually recouped from honest consumers as premium increases.

The New York Alliance Against Insurance Fraud says the number of people arrested statewide on suspicion of making false auto theft reports jumped from 96 in 2007 to 130 in 2008.

Similar jumps have been measured in other cities.

Such cases can result in felony charges of insurance fraud, making false statements to police and insurance providers, and arson, if the car is burned.

Along with serving prison time, defendants can also be ordered to pay restitution.

Our advice as New York traffic lawyers?  Simple and predictable–this isn’t a solution no matter how much you feel your back is up against a wall.

There may not be a perfect solution to your financial difficulties, but there are debt counselors, attorneys, non-profits and other organizations that can at least try to help you formulate a plan to productively and, equally as import, LEGALLY move forward.

The original AP story can be found here.

Submitted by Scott Feifer

Just read a news item about a man’s decomposing body inside a minivan covered in parking tickets going undiscovered for weeks because the vehicle’s windows were apparently tinted and ticketing officers don’t normally search cars

The body was found in the backseat Wednesday when a city marshal tried to tow the vehicle from beneath an overpass on the Brooklyn-Queens Expressway, police said. He was believed to have been living out of the white Chevrolet minivan, which had North Carolina plates.

His daughter said she last saw him in early May and had called police.

“The window was cracked open. I don’t understand how no one noticed him. They just gave him tickets,” she told the Daily News.

It wasn’t clear exactly how many tickets were on the minivan’s windshield when the body was discovered. There were reports of a foul odor near the vehicle.

As always, a reminder that my firm fights New York traffic tickets–speeding tickets, red lights, other moving violations only.  For parking ticket assistance, please speak to the parking ticket experts we work with when our clients have NYC parking ticket issues.

Read the full Daily News Parking Ticket Story.

Right on the heels of my prior post about a potential for increased tickets and surcharges during these difficult economic times (Hard Times?  Expect more traffic tickets NY), we’ve learned that NY has authorized the Department of Motor Vehicles (DMV) to increase their suspension termination fees (stf) by 100%.  This means the license termination fee, the license reinstatement fee, and the scofflaw termination fee will all be double what they currently are in about a month.

While we are not a fan of any of the increases, it’s the scofflaw termination fee–the fee required to end a suspension resulting from a failure to answer a ticket or pay a fine–that directly concerns us as NY traffic lawyers the most.  First, this is the fee most directly related to traditional traffic tickets.  Second, the scofflaw termination fee is by far the most prevalent of the three types of suspension fees.  Look at these numbers:  The DMV collects approximately $3 million annually in license suspension termination fees, $830,000 annually in license reinstatement fees and $14 million in scofflaw suspension termination fees. There are an average of 121,000 individuals a year that pay the license suspension termination fee, 16,600 a year that pay the license reinstatement fee, and another 400,000 that pay the scofflaw suspension termination fee. The fee was $35 and will now be $70.

I have always contended that this fee was applied questionably.  In fact, I have had discussions with other attorneys about the potential for a class action suit against the NYS DMV based on how this fee is applied under certain circumstances.  Most often, we see a scenario like the one below at the NYS Traffic Violation Bureau (TVB) which handles NYC speeding tickets and other traffic tickets (the TVB handles moving violations in parts of Suffolk County and Rochester, NY as well).  Consider this situation:

A driver is issued a speeding ticket in Queens for driving 52 mph in a 30 mph zone and another ticket for an unsafe lane change at the same exact time.  The driver loses the summonses or somehow forgets about them and the driver ends up moving sometime soon after.  As soon as he moves, he changes his address with the DMV.  The Traffic Violation Bureau, recognizing that the driver hasn’t taken care of his ticket, will send a reminder letter.  However, this letter will be sent to the address that was written on the traffic ticket (his old address) and not his new address despite the fact that he made a point of changing his address with DMV.  Why?–because TVB, even though it’s part of the DMV, must be notified separately of any address change.  Eventually, this driver will be suspended for each ticket for failure to answer.  These will be considered suspensions one and two.  Next, as more time goes by, the TVB will find the driver guilty of both by default for never answering the tickets.  A fine will be due immediately and, the instant it is assigned to each ticket it is considered late.  Thus, two more suspensions for failure to pay the fine on time for each ticket.

One car stop, four scofflaw termination fees.  $140 today; $280 as of July 6.

Of course, a driver in this situation is not without fault.  He did receive traffic tickets and did fail to properly handle them.  However, his failure to handle them–things happen in people’s lives–has turned these seemingly routine traffic tickets into:

-Approximately $400 in fines and surcharges (these tend to be higher on defaulted cases)

-Nine points on his driver license.

-Likely significant insurance increases.

-Exactly $525 in driver assessment fees for the accumulation of eight points (read more about that here).

-Exactly $280 in scofflaw termination fees.

When we consider a situation like this, was the fee increase really necessary?  Do our lawmakers even consider all the other penalties a driver who is subject to suspension termination fees is already facing?

I can’t help but picture people sitting around a table in Albany trying to decide how they can squeeze absolutely every single penny out of each motorist.  They are not even pretending these additional fees are about safety or about deterring motorists from certain behavior on the road or about encouraging motorist to handle tickets in a timely fashion.  The Statement in support of this bill to increase the fees states quite simply “The State is facing a significant budget deficit”.  This is why fees have been doubled.

I concluded my last post by arguing that drivers “should not be viewed as a bottomless pool of revenue”.  While the drivers subject to suspension termination fees may have contributed to their predicament with their own acts or omissions, it is pretty clear that drivers in general are often looked at as a source of revenue when other sources are difficult to find.

Submitted by Scott Feifer, traffic ticket attorney NY

Last week we read of renewed talk about a $50 surcharge to fund increased and more efficient enforcement in Nassau and Suffolk Counties. Click here for the full story.

“If you speed, you’ll get a surcharge and you’ll pay for the people who are protecting you,” Legis. Jack Eddington (WF-Medford) said.

This doesn’t sit well with me.  Isn’t law enforcement a general public expense? Where are all the surcharges and fees for every one else violating other non-driving related laws?  The general public primarily foots the bill for enforcement of our laws — why are driving offenses treated differently?

Driving is different because you can send as many officers out as you want to issue as many traffic tickets as they want on any given day.  It’s easy.  “Click it or ticket” campaigns, checkpoints, routine car stops that turn into multiple tickets, etc.  Need more money…How about a ticket blitz?  While I’ll never contend that enforcement officers issue undeserved tickets as policy, it certainly is much easier for an officer to “create” a traffic violation from a questionable set of facts and issue a summons than it would be to “create” a burglary or other crime.

We do need to admit that there is a likely correlation between the number of tickets issued and how safe our roads are.  I wrote recently about a study which confirmed this.  Click here to read more about that study.

While the statistics may set forth that enforcement and the issuance of speeding tickets, red light tickets, stop sign tickets, etc. potentially lead to safer roads, we have to beware of policy makers using statistics like these as justification for using drivers as a government piggy bank.

Car and Driver wrote an article back in February about some evidence of this in other cities.  The article set forth that in some communities, police are issuing tickets during these hard times at a rate higher than ever in what some say is an attempt to raise revenue in order to offset budget shortfalls.  In Detroit, one of the cities hit hardest by the current state of the economy, the president of a state police union isn’t pretending it doesn’t happen. James Tignanelli, president of the Police Officers Association of Michigan union, says, “When elected officials say, ‘We need more money,’ they can’t look to the department of public works to raise revenues, so where do they find it? Police departments.  Click here to read the Car and Driver story in it’s entirety.

In New York there is recent news concerning our state’s massive public pension fund—it lost more than 26 percent on its investments during a fiscal year marked by Wall Street’s meltdown.  Do we need to worry every time we read a story like this that drivers will be used to help ease the pain?

Let’s hope no one loses site of who the average person on the road is—just someone trying to drive safely from point A to point B.  Drivers as a whole should not be viewed as a bottomless pool of revenue.

Submitted by Scott Feifer