Red Light Camera Tickets do NOT affect your NY Driver's License:
In New York State, This is NOT a Moving Violation and DOES NOT appear on your driver's record or affect your insurance in any way. New York State authorized the Red Light Camera program in certain Counties and Municipalities for the sole purpose to help them generate more revenue for their local governments. Each County that operates the Red Light Camera Programs had to seek permission from New York State before they were allowed to start the program. Only the NYS Department of Motor vehicles (DMV) has the jurisdiction to hold hearings that affect your driver's license. This is very important for you to understand.
Know the Law: New York State Vehicle and Traffic Law § 1111-b:
Click Here to Download the New York State Lawauthorizing Suffolk County to operate their red light camera program.
(source: The Official New York State Legislative Website http://public.leginfo.state.ny.us)
Possible Violations of New York State Law include:
1. A Maximum of 100 Intersections at any given time: Such demonstration program shall empower such county to install and operate traffic-control signal photo violation-monitoring devices at no more than one hundred intersections within and under the jurisdiction of such county at any one time.
2. Technician's Certificate: A certificate, sworn to or affirmed by a technician employed by Suffolk county in which the charged violation occurred, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape or other recorded images produced by a traffic-control signal photo violation-monitoring system, shall be prima facie evidence of the facts contained therein.
3. Maximum $50 Fine and Maximum $25 late fee: The liability of the owner pursuant to this section shall not exceed fifty dollars for each violation; provided, however, that such local law or ordinance may provide for an additional penalty not in excess of twenty-five dollars.
4. RLC Tickets DO NOT affect your Driver's License: An imposition of liability under a local law or ordinance adopted pursuant to this section shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage.
5. Ticket Must Include the Identification Number of the Camera: A notice of liability shall contain the name and address of the person alleged to be liable as an owner for a violation of subdivision (d) of section eleven hundred eleven of this article pursuant to this section, the registration number of the vehicle involved in such violation, the location where such violation took place, the date and time of such violation and the identification number of the camera which recorded the violation or other document locator number.
6. If the driver was operating the vehicle without the owner's permission, the owner may not be liable: Notwithstanding any other provision of this section, no owner of a vehicle shall be subject to a monetary fine imposed pursuant to this section if the operator of such vehicle was operating such vehicle without the consent of the owner at the time such operator failed to obey a traffic-control indication.
7. Suffolk County must submit an annual report about the Red Light Camera Program to the Governor:In any such county which adopts a demonstration program pursuant to subdivision (a) of this section, such county shall submit an annual report.
Such report shall include:
1. a description of the locations where traffic-control signal photo violation-monitoring systems were used;
2. the aggregate number, type and severity of accidents reported at intersections where a traffic-control signal photo violation-monitoring system is used for the year preceding the installation of such system, to the extent the information is maintained by the department of motor vehicles of this state;
3. the aggregate number, type and severity of accidents reported at intersections where a traffic-control signal photo violation-monitoring system is used, to the extent the information is maintained by the department of motor vehicles of this state;
4. the number of violations recorded at each intersection where a traffic-control signal photo violation-monitoring system is used and in the aggregate on a daily, weekly and monthly basis;
5. the total number of notices of liability issued for violations recorded by such systems;
6. the number of fines and total amount of fines paid after first notice of liability;
7. the number of violations adjudicated and results of such adjudications including breakdowns of disposition made for violations recorded by such systems;
8. the total amount of revenue realized by such county;
9. expenses incurred by such county in connection with the program; and
10. quality of the adjudication process and its results.
Request a Court Hearing Date: When you receive your Red Light Camera Ticket in the mail call the Customer Service Number on the Ticket to request a hearing at the Red Light Camera Court. DO NOT DISCUSS THE DETAILS OF YOUR TICKET. Just request a hearing date.
Suffolk County, NY Red Light Safety Program
hours of 8 AM to 5 PM, Monday through Friday, except holidays
Suffolk County Traffic and Parking Violations Agency (TPVA)
H. Lee Dennison Building, Ground Floor, North Entrance
100 Veterans Memorial Highway
Hauppauge, NY 11788
Phone: (631) 853-3800
Assume All Conversations are being Recorded:
When you are on the phone, even if they put you on hold assume that they are recording every word you say. Do Not Incriminate yourself. Never admit that you were the driver in the video. Do not discuss the details of the ticket or try to defend yourself to the customer service representative. The Customer Service Rep's job is to convince you to pay by admitting that you were the driver who made a alleged violation.
Red Light Camera Trial is really a Civil Trial between You and the Camera Vendor:
ASK IF A PRIVATE VENDOR FROM OUT OF STATE IS ISSUING THE TICKETS AND NOT A LAW ENFORCEMENT OFFICER
In New York State, the plaintiff is actually the camera vendor. Knowing this fact is very important. Remember, you are NOT being accused of a moving violation. One of the first questions you must ask is "What law am I being accused of breaking?" They will be unable to answer that question because the driver of the motor vehicle is not on trial here. Under no circumstances do you admit that you were the driver. At the hearing when the Assistant DA starts saying something like "The People..." you must blurt out "objection." and then you must say this is a civil case and not a criminal case. My accuser is not the People of New York State or the People of this County. What law am I being accused of violating? If this is a civil case then my accuser should be here."
Ask For the "Technician's Certificate"
When Calling the Camera Vendor or Suffolk County TPVA, you have a right to ask for a copy of the Technician's Certificate before your hearing. A Suffolk County Employee supposedly reviews every video for every ticket issued by the Camera Vendor. You have a right to question the technician to determine if the equipment is working properly. The Qualifications for a Technician is a High School Diploma and this makes him/her qualified to determine that the equipment is functioning properly, has been calibrated and that everything on the video is accurate. The Technician's Certification is just another way of saying a Suffolk County employee also watched your video. Your goal here is to discredit the individual by pointing out he/she is not qualified to issue tickets and this is something only a police officer should be allowed to do in New York State.
Question the Technician's Qualifications
Who is Mordicai Hay?
Mordicai Hay - Part-Time Clerk Typist - Traffic Violations Agency - $11,333 Annual Salary
Hired in 4/14/2014
Mordicai Hay is a Suffolk Employee whose name appears on many of these technician certificates. New York State requires that Suffolk County pay a technician to certify that he watched the video of your vehicle. Do not be fooled by the title "Technician." The only requirement to be a technician in Suffolk County is that the employee have a high school diploma. Before the Camera Vendor mails the tickets, this technician supposedly presses the "play" button for every red light camera video.
You need to ask the questions such as what qualifications and training does Mordicai Hay have to allow him to determine and trust the equipment is functioning properly. Is Mordicai Hay a police officer or did he receive any type of law enforcement training? How can a part-time clerk typist be allowed to determine if a car ran a red light? If he is not a police officer how is he allowed to do this?
Demand a Refund and/or Reduction in the Fine Amount
The New York State Vehicle and Traffic law 1111b authorizing the Red Light Camera Program only allows for a maximum fine of $50 and a total of a $25 late fee. If you pay the ticket on time your fine should only be $50. If you pay it late, you would add $25. Any other fees the County is adding on is illegal. Any late fees above the $25 amount is also illegal. When making this argument, quote the NY State Vehicle and traffic law 1111b that describes the maximum fines and late fees allowed.
Your Credit Report - UPDATE!!! Credit Bureaus no longer report unpaid Red Light Camera Tickets
The Camera Vendor will attempt to report your non-payment to the Credit Bureaus. A Red Light Camera Ticket is not an item that should affect your creditworthiness or your ability to borrow money in the future. Contact the Credit Bureaus to explain you never entered into an agreement with the camera vendor and that you never borrowed money from them either. Request that this be taken off your report. You will actually see the name of the camera vendor and not a government entity because it is the vendor seeking payment from you.
On the Day of Your Red Light Camera Hearing
Expect not to win your case because the Red Light Camera program is a big revenue machine for the County. However, do not make it easy for them.
Make it your goal to object to everything they present to you. Do not discuss who the driver is when speaking. The driver and the driver's license is not being questioned at this hearing. If the judge (hearing officer) uses language such as "you did not stop" you should object to that and remind him that you are not being accused of a moving violation and refrain from accusing you of driving the vehicle.
Confirm that Out of State Company is issuing these tickets and not a Trained Law Enforcement Officer
Objections to the Technician's Certification:
First, they will give you a copy of the "Technician's Certification." Say the Phrase, "I object to this certification." Your reasons will include the following:
Objection to what you are being accused of
Request for An Expert to Explain how this Equipment used as an accusatory Instrument Works
Object to the Fine Amount:As mentioned above, the county is only authorized to give you a fine of no more than $50. Bring a copy of the law with you.
Demand your Case is heard in a Real Traffic Court using evidence that a private company and not a police officer issued this ticket.
Amnesty for Unpaid Tickets
***DO NOT PAY***
AUDIO OF RED LIGHT CAMERA COURT HEARING IN SUFFOLK COUNTY
Florida Attorney gives great advice on fighting
Red Light Camera Tickets.
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UPDATE!! Camera vendors can no longer report unpaid tickets to the credit bureaus.The image to the right shows that a Xerox charge for $50 was removed from the Credit Bureaus. You never entered into an agreement with Xerox to borrow money, or lease equipment. This has absolutely nothing to do with your creditworthiness or ability to secure a loan. Go to CreditKarma.com to remove these bogus charges.
Suffolk County now Mailing
Judgments for Unpaid Tickets
(throw them in Garbage)
DEMAND YOUR REFUNDS
YOU PROBABLY OVERPAID for your RED LIGHT TICKET
Xerox is mailing Amnesty letters from their Maryland office waiving late fees for unpaid tickets. The letter threatens to boot your vehicle, garnish wages, or place a judgment for non-payment.
Anonymous Caller Requesting
(as required by NY State Law)
UNPAID TICKETS SHOWING UP ON YOUR CREDIT REPORTS?
How to Get Rid of Your Red Light Camera Tickets
in New York State - STEP BY STEP GUIDE