Archive for December, 2010

Toys for traffic tickets program discontinued

Friday, December 24th, 2010

A New Haven, Connecticut Superior Court program that allowed people to get out of minor traffic tickets by donating a toy to charity won’t be continued next year.

The program was reviewed and the decision to end it made after one resident questioned whether the program was unfairly coercing ticket recipients to make a donation instead of fight, whether some offenders who did donate were getting off too easy and whether the state was losing too much money for every toy that was donated in lieu of paying a fine.

A spokeswoman for the Judicial Branch deemed the program “well-intentioned” but not appropriate considering the concerns that were voiced. Ultimately, it was “justice bought and sold” which means that, despite the low level nature of the infractions, the program must end.

Interesting program, but the decision to end it was probably the right call.

Pay people to NOT speed?

Wednesday, December 15th, 2010

In January, a man named Kevin Richardson won Volkswagen’s The Fun Theory, a contest for ideas to make obeying speed-limits fun. Now, less than a year later, his entry is in use in Stockholm, Sweden.

Kevin’s idea is very simple.  Record vehicles that enter enforcement zones at or under the speed limit and automatically enter the vehicle in a lottery.  Prizes?  These come from the fines paid by speeders.

If speed enforcement were truly about safety and not revenue collection, this would have potential.  Unfortunately, it’s unlikely an idea like this would gain traction in the US because of the potential lost revenue.

As for safety, in Sweden thus far the average speed of cars measured by the program dropped from 32 km/h prior to the program to 25 km/h after.

Watch the video for more info on this interesting contest and idea

The traffic ticket “overpayment myth”

Monday, December 13th, 2010

I’ve read it various places online and been asked by friends and clients on numerous occasions whether it’s true.

It’s the “overpayment” myth.  And the answer is NO, it is not true.

Here’s a version of it I found from a quick search online:

A police officer confirmed this for me.

THIS IS FOR USA ONLY

I tried to pass this on to anyone I could think of. This procedure works in any state. Read it and try it, you have nothing to loose but the points in your license.

If you get a speeding ticket or went through a red light or whatever the case may be, and you are going to get points on your license, then there is a method to ensure that you DO NOT get any points.

When you get your fine, send in the check to pay for it and if the fine is say $79, then make the check out for $82 or some small amount above the fine.

The system will then have to send you back a check for the difference, but here is the trick! ---DO NOT CASH THE CHECK!! Throw it away! Points are not assessed to your license until all the financial transactions are complete. If you do not cash the check, then the transactions are not complete. However the system has gotten its money so it is happy and will not bother you any more.

This is very simple.  In New York, when you are convicted of a traffic violation DMV is notified.  DMV will place the conviction on your driving record and you’ll have points on your record if it was a point carrying conviction.  That’s it.  Conviction for a point carrying violation means you have points.  Period.

As for payment of any fine due,  it’s a separate matter.  If you fail to pay, you’ll end up suspended for failure to pay eventually.  If you under or over pay, different courts will probably treat if differently.  However, under no circumstances does the over or under payment have any bearing on the points and the conviction.

More red light cameras and higher traffic ticket fees for Nassau County?

Friday, December 10th, 2010

Just a heads up Long Island..

Nassau County Executive Edward Mangano was in Albany recently to lobby for financial help for the county.

He met with lawmakers twice, as recently as Dec 7, to discuss ways to increase county revenue.

Included in that conversation was the possibility of more red light cameras and additional fees on traffic tickets.

At least it’s not more “we’re making the roads safer” rhetoric…

A traffic ticket “holiday” in Sacramento

Thursday, December 9th, 2010

Dozens of motorists are getting traffic tickets dismissed in the Sacramento, California area just for fighting.

There’s a dispute between the District Attorney’s Office and the Sacramento, Elk Grove and Folsom police departments over who’s going to pay for the prosecutor’s traffic court services.

Officers are just not showing up and motorist are easily beating tickets.

We work hard for our clients in NY–we’d welcome a few easy wins like this one day…

Read more: http://www.sacbee.com/

Mistakes on your NY traffic ticket

Tuesday, December 7th, 2010

Minor mistakes on your traffic ticket are unlikely to merit dismissing the charge.

Consider some of the information on a ticket issued for a moving violation. Your name, date of birth, address, license number, and vehicle make, model, color and plate, etc. A slightly misspelled name or the wrong color car or a mistake with the address or other license info can easily be overlooked by a Judge because of the presence of all the other information. A Court/Prosecutor/Judge can be satisfied, even in the face of certain minor errors, that the person with the ticket in their hand is the person who was observed driving and allegedly committing the violation in question.

Moreover, if a John Smith who drives a green car were to claim the ticket written to John Smite in a brown car was not issued to him, there would also be an issuing officer who could potentially identify the person in court as the driver of the vehicle and end any doubt.

Small mistakes leading to dismissal of the charges is simply another traffic court myth. The myth likely comes from parking tickets where small errors on the ticket are much more damaging. Parking tickets are issued to a vehicle, not a person. If the vehicle is not identified exactly, then there will be legitimate questions about the ticket itself and which car was allegedly parked improperly. There isn’t the additional information, like address, date of birth, ID number, etc. that could be considered.

In any case, we still do recommend looking over the ticket carefully. While mistakes on a traffic ticket may not mean an automatic dismissal, sometimes an attorney can argue that perhaps the officer was distracted or similarly mistaken about the underlying violation itself. Multiple small mistakes can make such an argument even more likely to succeed. Thus, while mistakes don’t automatically help one’s cause, they don’t hurt either. Mistakes do have some merit and could be used as a tool to help chip away at the sufficiency of the evidence offered against a driver.

Submitted by Scott Feifer

Is traffic enforcement really all about safety?

Friday, December 3rd, 2010

It’s not a New York issue, but one particular quote caught my eye recently.

There’s a small controversy surrounding some speeding tickets issued via camera surveillance on a Washington DC roadway. Enforcement officials claim the cameras were put up to protect construction workers in a construction zone where the speed limit had been lowered by 10mph to accommodate the construction.

Now, however, the construction has stopped but the cameras remain.

Here’s the quote: “We’re hoping to use these speed cameras more often,” said Assistant Police Chief Patrick Burke. “This is to keep people safe.”

It would be nice if an official would finally just come out and say “we want to keep people safe…but the money is pretty nice too”.

Did I mention in the 2.5 months since construction more or less ended, $3.73 million in fine money has been collected?

It’s never ONLY about safety and officials who claim it is just come off sounding silly.

If for some reason you’re reading this and have questions about a camera or other speeding ticket in the Washington DC area, feel free to consult with a Washington DC traffic attorney via our national site TicketHELP.com.

Submitted by NY Traffic Lawyer Scott Feifer

Speeding Tickets in NYC

Wednesday, December 1st, 2010

If you drive in NYC, please keep the following in mind:

1.  Unless otherwise posted, the speed limit is 30 mph.  All those local streets that have no speed limit signs are considered “unposted” 30 mph zones.

2.  50 mph is the highest speed limit in NYC.  It’s never 55, 60 or 65 on any of the highways no matter what the conditions of the roadway may be like.  Be particularly careful as you transition from Westchester or Nassau County highways to NYC as the speed limit drops.

Read more about speeding tickets if you have further questions.

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  • A suspension at 11 points is not always mandatory. Some judges have discretion to waive a points-based suspension.