New York Sucks

[Adam8281]

Yesterday I received in the mail a "Driver Responsibility Assessment Statement" from the State of New York, instructing me to pay $300.

This assessment is for a ticket I received on August 11, 2005, for going 76 in a 55 - a ticket that I paid in full. The letter states this $300 assessment is "in addition to any fines, penalties and surcharges that are assessed by the courts. This applies to all drivers regardless of where they are licensed" (I got the ticket while a resident of GA, and I'm now a resident of NC). In other words, the speeding ticket that I paid was a fine "assessed by the courts," that is, a criminal fine. But this $300 fine is to be paid to the NY DMV; in other words, it is a civil, not criminal fine.

Am I crazy in thinking that this is utter ridiculousness? It seems bad enough that 1) NY slams you twice in this manner, but 2) the "Driver Responsibility Assessment" was not disclosed at the time I got the ticket - all the ticket showed was the amount I was to pay to the court, and if I knew that pleading guilty to the ~$100 ticket would also subject me to another $300 in civil fines I might have contested it, and 3) is it too much to expect that if NY is going to hit you up for $$ twice, it at least not wait FOUR YEARS before notifying you of the civil fines? Grrrrr...

[/end rant]

 

[GoPackGo]

Was that law on the books at the time or is it new?

If its new then they can't ask you to pay.

 

[2Xtreme21]

Don't pay it? I sure as hell wouldn't.

 

[Red Squirrel]

Wow that's retarded. I'd get a lawyer to see what you can do, but probably not worth it for 300 bucks.

 

[MotF Bane]

If the law didn't exist at the time, it doesn't hold, and you shouldn't pay anyways. Four years... their loss. Fuck NY.

 

[Adam8281]

Yes, the law was on the books at the time, apparently. The letter begins, "Sections 1199 and 503(4) of the Vehicle and Traffic Law require that, as of 11/18/04, motorists who...blah blah blah...must pay a Driver Responsibility Assessment in addition to any fines" paid to the court. So the law was on the books since 2004, and my ticket was in 2005. Googling around I have seen that there is a cottage industry of lawyers who will fight this assessment, but it's probably not worth the $$. I don't know, I'll probably pay it just to not deal with more headaches - who knows if NY and NC (where I live) have some kind of DMV record-sharing agreement where my failure to pay the NY fine can bite me in the a$$ in NC. Blah

 

[AnonymouseUser]

Don't pay, and don't go back to NY.

 

[KK]

Fvck NY, bunch of liberal morons

 

[MotF Bane]

Originally posted by: Adam8281
Yes, the law was on the books at the time, apparently. The letter begins, "Sections 1199 and 503(4) of the Vehicle and Traffic Law require that, as of 11/18/04, motorists who...blah blah blah...must pay a Driver Responsibility Assessment in addition to any fines" paid to the court. So the law was on the books since 2004, and my ticket was in 2005. Googling around I have seen that there is a cottage industry of lawyers who will fight this assessment, but it's probably not worth the $$. I don't know, I'll probably pay it just to not deal with more headaches - who knows if NY and NC (where I live) have some kind of DMV record-sharing agreement where my failure to pay the NY fine can bite me in the a$$ in NC. Blah

Why the four year delay? Tell them to fuck themselves, they took too long.

 

[DrPizza]

Weird. I never heard of such a thing. And, when I googled, I got a grand total of just a couple dozen hits.

 

[KK]

What can occur if I do not pay the driver responsibility assessment?

If you receive a statement from the DMV that instructs you to pay a driver responsibility assessment, you must pay the assessment. If you do not pay the assessment, the DMV will suspend your driver license, your learner permit, or your driving privileges.

Can they suspend an out of state issued license?

 

[Q]

NY is having tough economic times and needs some cash is my guess.

 

[Colt45]

Mail them a check postdated to four years from now.



USD should be worthless by then anyhow

 

[DrPizza]

Most states have reciprocity agreements. You're screwed if NC and NY do & you don't pay that ticket. Also, wtf, I thought the minimum ticket for 21 over was much more than $100.

About reciprocity:
http://www.aamva.org/KnowledgeCenter/Driver/Compacts/

You're screwed:
http://www.aamva.org/aamva/DocumentDisplay.aspx?id={A0B6D32F-1B87-4430-9639-DAFC6A67AA54}

 

[Gibson486]

Is this that fee you have to pay in order to contest a ticket? If so, it seems thatthey purposely "forgot" to charge you. If not, then wow.....i guess they really need the money.

 

[sjwaste]

I'd check the statute of limitations on that.

 

[KK]

Can my out of state license be suspended by another state? How does that work?

All states have reciprocity, which means they recognize the license from other states. They can not take your license away, but they can take away your privilege to operate in their state.

I work on the border of Wisconsin and Michigan, and we deal with this occasionally. If a Michigan driver gets a ticket in Wisconsin and doesn't pay, Wisconsin can suspend their operating privilege, but in Wisconsin only. The person can continue to drive in Michigan, or any of the other states.

For serious offenses such as OWI, some states report the conviction to your home state, who may or may not suspend you.

I see someone is recommending you ignore the out of state ticket. That will not work. For non-criminal traffic matters, if you do not appear in court, you are found guilty by default. The conviction is entered, and you will very likely end up with a warrant.

Text

I wouldn't take that as the absolute answer though, looking further down some say otherwise.

 

[GregGreen]

Looking at the NYS DMV website, it seems this fee is basically levied against those that are a danger on the roads! It is levied against those that get DUIs, DWAIs, and those who have 6 pts or more on their NYS driving record (which you do). 21-30 points is an instant 6 pts on your license.

Normally it is paid $100 at a time over a course of 3 years -- don't know why you got a letter now and not before. Maybe they had an issue finding you since you were an out of state resident and also moved.

Driver Responsibility Plan
NYS Points system

 

[lxskllr]

Originally posted by: Quintox
NY is having tough economic times and needs some cash is my guess.

Yup...

I wouldn't pay it. If it comes to bite you in the ass, claim you never got the bill.

 

[Brainonska511]

Originally posted by: Adam8281
Yesterday I received in the mail a "Driver Responsibility Assessment Statement" from the State of New York, instructing me to pay $300.

This assessment is for a ticket I received on August 11, 2005, for going 76 in a 55 - a ticket that I paid in full. The letter states this $300 assessment is "in addition to any fines, penalties and surcharges that are assessed by the courts. This applies to all drivers regardless of where they are licensed" (I got the ticket while a resident of GA, and I'm now a resident of NC). In other words, the speeding ticket that I paid was a fine "assessed by the courts," that is, a criminal fine. But this $300 fine is to be paid to the NY DMV; in other words, it is a civil, not criminal fine.

Am I crazy in thinking that this is utter ridiculousness? It seems bad enough that 1) NY slams you twice in this manner, but 2) the "Driver Responsibility Assessment" was not disclosed at the time I got the ticket - all the ticket showed was the amount I was to pay to the court, and if I knew that pleading guilty to the ~$100 ticket would also subject me to another $300 in civil fines I might have contested it, and 3) is it too much to expect that if NY is going to hit you up for $$ twice, it at least not wait FOUR YEARS before notifying you of the civil fines? Grrrrr...

[/end rant]

boohoo. I had to pay it when I got a ticket back in 2006. The fine is disclosed on the DMV's website - you get more than 6 points on your license at any time or a DUI, you're automatically placed on this program.

 

[Adam8281]

Originally posted by: GregGreen
Looking at the NYS DMV website, it seems this fee is basically levied against those that are a danger on the roads! It is levied against those that get DUIs, DWAIs, and those who have 6 pts or more on their NYS driving record (which you do). 21-30 points is an instant 6 pts on your license.

Normally it is paid $100 at a time over a course of 3 years -- don't know why you got a letter now and not before. Maybe they had an issue finding you since you were an out of state resident and also moved.

Driver Responsibility Plan
NYS Points system

No, they didn't have an issue finding me. They mailed the letter to the address on my license, which is the home in GA where my parents live. My mom forwarded it to me as soon as she received it, so I have NO CLUE why they waited 4 years! It also says at the top of the letter that this is my first notice, so it's obvious that they haven't tried to contact me in the past 4 years.

And is it just me, or does it seem a bit incongruous lumping 21mph speeders into one category with DUIs and DWAIs? I understand that 21mph over isn't safe, and I agree that I deserved a ticket, but I got caught in speed trap, going 76 RIGHT after the speed limit dropped from 65 to 75. I had been trying to go 10 over (75 in a 65), and instead ended up getting nabbed for 21 over. Again, I don't defend my driving, but it does seem a bit extreme to give me the same civil penalty as someone who gets a DUI!

 

[lxskllr]

Originally posted by: Brainonska511


boohoo. I had to pay it when I got a ticket back in 2006. The fine is disclosed on the DMV's website - you get more than 6 points on your license at any time or a DUI, you're automatically placed on this program.

21mph over the speed limit isn't a 6 point offense.


Edit:
To correct details

 

[Brainonska511]

Originally posted by: Adam8281

Originally posted by: GregGreen
Looking at the NYS DMV website, it seems this fee is basically levied against those that are a danger on the roads! It is levied against those that get DUIs, DWAIs, and those who have 6 pts or more on their NYS driving record (which you do). 21-30 points is an instant 6 pts on your license.

Normally it is paid $100 at a time over a course of 3 years -- don't know why you got a letter now and not before. Maybe they had an issue finding you since you were an out of state resident and also moved.

Driver Responsibility Plan
NYS Points system

No, they didn't have an issue finding me. They mailed the letter to the address on my license, which is the home in GA where my parents live. My mom forwarded it to me as soon as she received it, so I have NO CLUE why they waited 4 years! It also says at the top of the letter that this is my first notice, so it's obvious that they haven't tried to contact me in the past 4 years.

And is it just me, or does it seem a bit incongruous lumping 21mph speeders into one category with DUIs and DWAIs? I understand that 21mph over isn't safe, and I agree that I deserved a ticket, but I got caught in speed trap, going 76 RIGHT after the speed limit dropped from 65 to 75. I had been trying to go 10 over (75 in a 65), and instead ended up getting nabbed for 21 over. Again, I don't defend my driving, but it does seem a bit extreme to give me the same civil penalty as someone who gets a DUI would pay!

21 over is 6 points in NYS, hence the lumping in to that category.

 

[Adam8281]

it was 21 over, 76 in a 55 (got me RIGHT after the speed limit dropped from 65 to 55)

 

[Brainonska511]

Originally posted by: lxskllr

Originally posted by: Brainonska511


boohoo. I had to pay it when I got a ticket back in 2006. The fine is disclosed on the DMV's website - you get more than 6 points on your license at any time or a DUI, you're automatically placed on this program.

21mph over the speed limit isn't a 6 point offense.

Yes it is: http://www.nysdmv.com/license.htm#points