Re: Driver Responsibility Assessment
Posted by Simi72 on 3/22/09
I too am from out of state and feel that this is extortion. I
would be more than happy to get involved with fighting this.
Especially with times as they are I know that I can't afford to
pay $550 for a license I dont even have (meaning my NY
license..I'm from georgia though...)
On 12/17/08, Connie wrote:
> 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.
>