Can I use the letter and argument for the Nassau county Red light camera ticket? In the initiaal submission respondent claimed that the distance travelled over the amount of time between the photos does not establish that he was travelling 56 miles per hour at the cited place and time is without merit. I told her I am done with this. Also, please dont contact me for legal advice on tickets. We can't promise that you will beat the speeding ticket, but we can give you the best possible shot. NYS/NYC records and monitoring (photo/video) equipment show respondents Thanks for your blog info and I owe you a drink . Jack M. Platt, Esq. Accordingly, the Respondent does not offer any valid defense on the merits that would warrant dismissal of the summons. Of course the big concern over this is that as I was driving down this street trying to catch the green light (because you only have 8 seconds to make the green light from the previous intersection (another kind of trap, if you ask me)) I saw a flash go off and I was the only vehicle on the road. ance with standards established in the MUTCD.. I will keep you updated and hopefully my summons will be dismissed. Further, a most recent Article 78 decision, Matter of Monroe Street v. City of New York, decided on 2/15/2022, the First Department ruled that the technicians certificate for red light camera violations does not require notarizations. weekends, or other days when school is not in session), or driving in school zone outside of any indicated school hours, how can the law apply to you? There is no car with that license plate but I do still have another car that my husband bought in 2013 with completely different plates and have not transferred the title yet. Did I mention that these school zone cameras are operating while the schools are closed? This is not a persuasive defense. So far, the only defense that Ive seen consistently work (and even then, not 100%) is the one I provided in the app the they forgot to notarize it argument and even that is a quick fix. How's My Driving NY . It didnt. The respondent has been charged with failing to comply with the maximum speed limits in a school speed zone. Violation upheld. I have been meaning to update you. Respondent testifies that the summons should be dismissed as the technicians certificate was not notarized. Thanks for letting me know about this. If you have multiple tickets, some won and some lost, cite those instead. Ive had a couple knocked out that way. There is no persuasive evidence to establish the vehicle was not traveling in excess of the allowable speed when it passed through the enforcement zone. Radar detects whether a car is traveling over the posted speed limit. Anything you think I should add on appeal? Paragraph 1 and 2 of 1180(c) in turn make clear that a school speed limit is only in effect during: (1) school days at times indicated on the school zone speed limit Plate number brings no results. The Monroe decision itself, by its terms, applies only to the dismissal of the specific Notice of Liability in question in that case. Did you use any other arguments or just the notarization one? I did not see any signs that it was a school zone. How Much Will a Speeding Ticket Raise My Insurance Premium? The enabling statute provides that the Technicians Certificate may be sworn to or affirmed and a review of the Technicans Certificate shows that it was affirmed by the techician. I have not been issued a moving violation in more than thirty years, and I have been issued precisely one in all the years I have driven (I am 76). While cameras in 20 school zones will continue to ticket until August under a different law, the others cannot operate. Worked for me (June 2021). This happened both on the computer with the mouse and on the phone. It's simple enough that almost anyone can represent themselves. Camera Ticket Buster . I am not doing it again. Would that be a valid defense argument? Dont feel bad. One question though, in the event that the ticket is upheld, how can I fight it further (Other than filing a lawsuit, since I cant afford that)? A camera is triggered that takes a photo of the vehicle's license plate. In the meantime, Im hoping you wont have to take it that far. You may also be interested in: How to dispute a camera speeding ticket in New Orleans? In this case, it appears that only Rose Dutan, and no one else, took her own affirmation. Im trying to get the updated ticket fighter and appeal generator live, but (a) I dont charge for it so paid work and my dad duties come first and (b) the software I used for this free tool was sold to a big corporate conglomerate and Im not sure how much longer itll be available so I need to look at migrating it to a new platform as well. It's double that in Oregon, and it's as high as $1,200 in states such as New York. Hi William I just posted my email please be kind and remove my last name from my post. My first response from the court was as follows: The respondent has been charged with failing to comply with the maximum speed limits in a school speed zone. The fact that the ALJ does not give the specific date of the self-test leads me to believe that she also did not have access to the evidence of the self-test on the date of the violation, and just guessed. Couldnt hurt to try at least with their bs. Yes, its that simple. It might be tempting to simply pay the fine, or even to ignore the ticket, although this is a bad idea for many reasons. I actually appeared in person in front of the appeal board of three. Used the argument, edited somewhat, and added that the Camera Log Report for the violation is missing the confirmation that the proper signs were posted in the location of the camera. re: the as decision- please, explain your defense of the ticket. How Long Does a Speeding Ticket Stay on Your Record? Just had a lot to talk about. In addition to my quixotic quest, another lawyer filed a class action lawsuit seeking to invalidate all of the tickets. There is no evidence or indication that Ms. Dutan is even a real person. The Technician Certificate on my Notice of Liability appears deficient. The app sometimes is down for maintenance and/or the server is busy. Respondents claim that the Notice of Violation is defective because the technicians certificate is not in proper form is rejected. I have a few I have to submit as well. The Eastbound lanes have an advance speed limit sign posted as well as a photo enforced sign. The respondent has been charged with failing to comply with the maximum speed limit in a school speed zone. I would be very interested in chipping in and participating. Last year, the cameras issued 4,369,250 tickets, up from 1,287,968 tickets in 2017. DeBozo is the worst. They wrote that the evidence is not credible: The respondent has been charged with failing to comply with the maximum speed limits in a school speed zone. Speed Camera Fines. Even if Ms. Dutan is a notary public (which is not alleged by the Certificate), she could not administer her own oath. Respondent also argues that the laws are state laws and applies to different municipalities. Lost the case. I did mention the arbitrary and capricious in my appeal but did not have a case number to present as evidence. I have a turn on red camera ticket in nassua that I am fighting using same arguments. Mail camera violation payments to: NYC Department of Finance Camera Violations Church Street Station P.O. If you do need to fight it in court, then you should start by gathering any evidence that supports your position. Camera tickets dont accrue license points. I got a speed camera ticket right there too. This man, right here, is the real hero. im working on an appeal generator now based on the uneven enforcement of these tickets I personally have had the same argument accepted and rejected by different people at the DMV. Was it truly reversed? Update: 9/13/22: The old software tool that I used to build the initial machine is going offline soon though an exact date hasnt been announced. When you pay the ticket, you end up with points on your license that stay there for a few years. Our service has been praised by Money.comand many others. The website of the violation had the camera roll and the calibration certificate from within the year, however, the daily self-test notice required by statute was completely blank. Not guilty. The platform I used to build the app may have been down for maintenance when you tried it. Search. Respondent claims that the Notice of Liability (NOL) should be dismissed because NYC has failed to establish a prima facie case since the Technicians Certificate is not notarized. Your appeal question: yes. It's really easy. Once an appeal board of DMV clerks rejects your final appeal, you are free to file a lawsuit (which nobody does over a $50 ticket, except for the lawyer behind the class action lawsuit against the city not me that has been fighting this battle for over a year). Then, I was sure that the addition of your argument about notarization would do the trick as I argued that the discrepancy between the signature and printed name could have been overcome with notarization, which is indeed required by law. What Happens When You Get a Speeding Ticket. I replied in an email saying I would not send in any more documentation since I had already done that years prior and my husband was acquitted of all violations. Click on the link. That means it took 0.5 seconds for the camera to take two successive pictures of my car. This is not a valid defense. Thank you, Jack for sharing your dispute. And I appreciate your help. Its just such a blatant lie and money grab.) Here's one way you can fight your NYC speed camera ticket! It mustve been a glitch. All of them. Im glad that the due date for the payment is extended for another 30 days at least. My tickets were driving to and from doctor appointments and volunteering to deliver food through volunteer organizations. The respondent has been charged with failing to comply with the maximum speed limits in a school speed zone. This should be mandatory for 3rd party auditing of their system otherwise its just a racket. I looked on Google Maps and did not see ant schools nearby except for 2 daycare ones several blocks away. It would be par for the course for them to take a lazy shortcut, like deleting a paragraph, without thinking it through. hours; or. The law allows for them charge only $50 plus a potential $25 fee for late payment but beyond that I dont see how else they can penalize you unless they are allowed to report unpaid liabilities to the DMV who can then restrict renewal of a drivers license or vehicle registration. The matter is still in dispute (two other courts have ruled the other way), which likely means more appeals and a chance the rules change again. I built an app that uses the authority from those cases to help you fight back. A single mistake can make the ticket invalid, such as the wrong date or license plate number. Same van, same license plate. We have a half-dozen of these, plus a trio of more expensive tickets that we got yesterday, to deal with. Respondents claim is rejected because the Supreme Court case upon which respondents claim is based was brought, as per the caption, as a class action case, and the Court therein specifically denied class action status to it, restricting its decision to the individual case before it. While I fully support cautious driving in areas where pedestrians, especially children may be present, I resent the City using this as a financial tool for citizens who have not otherwise created or caused any hazardous or unsafe driving condition. On February 15, 2022 the New York State Appellate Division of the Supreme Court-First Department ruled that the technicians certificate for red light camera violations does not. They just said I had submitted adequate proof. Youll receive an appeal letter that contains state vehicle codes to boost your case. That pisses me off pardon my language. . Ticket was dismissed so this is still working as of 6/22/21. Anyway, thanks, youre a good guy for doing this. Just had a lot to talk about. Does that make any sense ? Im working on an appeal argument generator that will have citations to two of my own tickets, personally, along with a sworn affidavit (Im a lawyer no notary required) that the same argument was used in both, with differing outcomes, and that this whole process is arbitrary and capricious. My Ticket Dismissed - Fight Traffic Tickets, DUIs, Auto Accidents. unfortunately Your cut and paste generator is not showing up summons is sustained.. Hello, Thank You for putting together a defence template for speed camera. that the Notice of Liability is defective because the technicians certificate is not notalized. Indeed. Respondents claim that the notice of violation is defective is supported by persuasive evidence., Thank you!!! activities. I have some hope for the new guy, but I doubt anyone will ever end the camera program too many millions in revenue to shut it down unless/until a court intervenes. This can be a little harder with cameras because there are no human operators involved. Repeated speeding tickets can cause them not to renew your policy. It is quite frustrating that the very same argument got reversals from some judges. The opinion cited by Justice Rakower notes it is limited to the situation specifically before the court when the decision was rendered. Now, I recall that last year (during the quarantine when schools were closed) I got another speed trap ticket and did some research on why the hell cameras were even running and seeing something about speed cameras and speed limits being camera enforced within 500 feet of a highway entrance/exit, not sure if that has changed in the last year since I am now reading it is 300 feet, which regardless the camera is within 300 feet of the intersection for the on/off-ramps for the highways. but until that is ready, even an appeal based on the exact same argument might win. 174 Responses Jennifer says: September 29, 2020 at 12:32 am . In order to help save your money, we've created this guide with the locations of the speed cameras in NYC. But the Judge is okay with that. Drivers can expect fines of $50 for traveling 10 mph above the speed limit. Hello Mr. Peacock, thank you for providing this service even though it seems that the NYC Dept of Finance are as you mentioned right now, it seems like they are simply ignoring the courts and the clear text of the law until they are forced to do otherwise. Anyway, I used your rubber stamp response and four (4) days later I received this rubber stamp verdict. Maddening, isnt it? Give a mouse a cookie, I suppose. Respondents claim that the notice of liability is defective is persuasive because Agency records show the technicians certificate is not properly notarized. Im confused about this and would greatly appreciate some information about what to do for the appeal process in the event my dispute is denied. Thanks for this great legal defense! The following quick generator will give you a cut-and-paste argument to fight your red light or speeding camera ticket in NYC. for us to duplicate and sue DOT. Furthermore, the cases to which respondent cites to are not controlling. There is supposedly a class action/appeal pending on the case cited above the Street case but I havent heard any updates and when I checked the docket a couple months ago, nothing had been filed on it in a while. Search New York City parking & camera . I sent you the text of my letter. I would recommend complying with their requests for documentation, as annoying as it may be. In addition, the referenced Decision and Order by Justice Rakower limited the ruling to that case. My next step is go bring an Article 78 proceeding in Supreme Court. Sorry for the long video! And still havent heard results of dispute yet. Previously, speed cameras could only be placed in school zones throughout New York. (Im working on building it on a new platform the one I used is not holding up.). Thank you for the great app. A DUI or Getting Caught with Drugs in New York? Lawyer/Legal Pro Retirement Division Subscription, https://drive.google.com/file/d/1eJBpn7wDrAvdixKhHW7ls0FPKF_uflea/view?usp=sharing, http://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/new_york_ae2020_survey.pdf, https://www1.nyc.gov/site/finance/vehicles/red-light-camera-violations.page, https://www.nysenate.gov/legislation/laws/VAT/1180-B, https://oana-ny.org/news/speed-limit-lowered-on-astoria-blvd/#:~:text=Our%20neighborhood%20is%20affected, Talking QDROs at the Missouri Bar Family Law 2019 Conference, 11 Retirement Division and QDRO Mistakes People Make in Divorce, Free: Fight NYC School Zone Speed Camera and Red Light Camera Tickets With My App, Lawyer & Legal Pro Retirement Division Subscription Service. I am sorry, my message was intended as a reply to Davids comment on Sep, 13, 2022. Therefore, per NYS Vehicle and Traffic Law, the city of NY is authorized to establish a speed camera program imposing monetary liability on the owner of the vehicle for failure of an operator thereof to comply with posted maximum speed limits in a school zone. (School speed zone cameras at night when schools are closed. Copyright 2022 Law Office of William C. Peacock, d/b/a Peacock QDROs 929-437-3767. do I have to cite any ticketes that were dismissed based on this to call the process arbitrary and capricious in my appeal ? Respondent testifies that the Technician Certificate is without probative value because it was neither sworn to nor affirmed before a notary public or other authorized individual, and that the Supreme Court of New York has ruled that non-notarized certificates are legally insufficient. This is not persuasive. STATEN ISLAND, N.Y. -- More than half of the speed camera violations in New York City in August were issued during overnight and weekend hours in which the cameras previously could not operate. Denied on 2 separate tickets 2 different people. This is the petition that was filed. The summons is prima facie evidence of a violation and respondent fails to rebut the violation as charged. Update 5/1/22: a couple of months ago, the court overruled its earlier opinion in the Street case, essentially nuking this tool. Do you think that is a good argument that I can use to ask for dismissal? Respondent requests information regarding the machine, its calibration and operating condition. Thank you so much for sharing this, I have used your tool to dispute a NYC speed camera ticket I received recently and am currently waiting to get the result. Fair points. Therefore they already have all they need. They operate Monday-Friday, 6 am-10 pm. The respondent has been charged with violating Section 1180-b of the Vehicle and Traffic Law, by failing to comply with the maximum speed limits in a school speed zone. VTL 1180-b (n) requires the City to provide a report that includes the number of violations issued, the cost of the program, and the amount of money collected by the program. https://g.page/r/Cc0MkVlv3W8tEAo/review. The latest court decision is here. New York City's speed and red-light cameras will begin ticketing drivers around the clock starting Aug. 1, Mayor Adams announced Thursday.

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