Re: Driver Responsibility Assessment

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I too have been caught in this Scam as that is what I see it. I
went to court a year ago for a speeding ticket only to be
informed that the judge wouldn't be there that night and to come
back - well this was an hour away from where I worked so I
tried a couple of times to get back but the dates that I had and
the dates that the court was in session didn't seem to match
up. So I tried calling, left a message, got a call back and a
fine and thought that all was good. Thought that I had mailed
the fine but 7 months later my license was suspended for failure
to show up for a hearing.

Well we sent another check and waited on getting the suspension
letter back. I had to work so I drove and got pulled over and
got arrested for having a suspended license and failure to yeild
right of way to a cop who was driving over the speed limit and I
didn't see him right away and turned in front of him. This was
right near my house and he wouldn't even let me check the mail
box to see if the return suspension letter was there (which it
was).

So when I went to court for this ticket and arrest (got the
license suspension arrest dropped), I didn't want to have to
keep coming back to court, as the Assistant DA wasn't there that
night and is only there during morning court sessions (when I
have to be in at work), so I plead quilty and viola got this
invoice in the mail.

There doesn't seem to be any way out of this and it is linked
real close with DWI surcharges but is separate and distinct,
just based on the same laws that they have been using for years
with DWI. So far I can't figure out why 6 points - 2 tickets
give you six points - even if you plead them down, you still get
charged the points, it only reduces the surcharge and additional
surcharge amounts.

In addition to this if you do not pay the "Driver Responsibility
Assessment" fee your license will be suspended and a $35 fee is
involved to get it unsuspended this is after you pay any other
fines or fees that you owe first.

VTL (Vehicle Traffic Law) infraction (except standing, parking,
pedestrian, bicyclist)

Surcharge is $55
Additional Surcharge is $20 (I think this is the court fee)
crime victim assistance fee (CVAF) $5
Town or Village fee $5
Total fine is minimal of $85

A quote from this web site http://www.mcacp.org/issue75.htm
"Thus, where a driver pleads guilty to a traffic ticket, a town
or village justice may conclude that an “unconditional
discharge” or “conditional discharge” is appropriate. But the
person doesn’t leave the courthouse without paying a mandatory
surcharge ($55), additional surcharge ($20), crime victim
assistance fee ($5), and the fee ($5) that town and village
court charge. Total: $85. "

I paid $115 for the last one.

-Connie

Below is the weblink ans some info (surrounded by ****) that
points to the Driver Responsibility Assessment

http://www.budget.state.ny.us/pubs/archive/fy0405archive/fy0405ar
ticleVIIbills/ted_memo.html#partEbudget

2004-2005 NEW YORK STATE EXECUTIVE BUDGET TRANSPORTATION,
ECONOMIC DEVELOPMENT AND ENVIRONMENTAL CONSERVATION ARTICLE VII
LEGISLATION MEMORANDUM IN SUPPORT

Part E — Establish a Driver Responsibility Program imposing
additional monetary assessments for drivers convicted of drug or
alcohol-related offenses; or who refuse to submit to chemical
tests; *****or who accumulate six or more points on their
driving records.******

Enactment of this bill is necessary to implement the 2004-05
Executive Budget, which includes $17.5 million in new recurring
revenues associated with these new assessments. These revenues
are slightly offset by the DMV expenditures necessary to
administer the new program.