Driver Responsibility Assessment from NY for tickets from 4 1/2 years ago?

[PaulE]

What is the name of your state (only U.S. law)? Connecticut

My son received two consecutive tickets in the same stretch of New York highway (obviously it was a stupid thing to do) on 11/15/09 when he was away in college. He has since lived in two other states, and now lives in Colorado. We just received in Connecticut notice from New York State DMV a Driver Responsibility Assessment Statement today, 4/17/2014, nearly 4 1/2 years later that he owes $450?

Needless to say this came as a shock, I have never heard of such a thing, why would they wait over four years, and then try and collect more money? If he pays this now, are they gong to come back in another five years and say they still want more?

What happens if he doesn't pay, is this enforceable in Colorado, needless to say he never wants to go back to New York State again. He paid for his crime once (ok, once each time), why would they try to collect more so many years later?

Thanks,
Paul

 

[OHRoadwarrior]

The assessment is mandatory under certain conditions. A NY suspension can be transferred to his CO license.

http://dmv.ny.gov/tickets/pay-driver-responsibility-assessment

 

[PaulE]

Four and a half years ago I would have been happy to see his insurance rates go up, due to his tendency to speed, would have served him a better lesson, at that time. Three years ago he moved to Louisiana, and got his license there, but didn't drive as it was too congested, and insurance rates were too high. Six months ago he moved to Colorado, and has his car there, but doesn't drive much, since he is so close to work, he just walks.

So they hit him with this now, when he should have gotten it then? Sorry, it just doesn't seem ethical. My father is a retired CT State Trooper, and he doesn't think it makes any sense either. Unless it is a way for NY to make money.

 

[OHRoadwarrior]

Of course it is a way for NY to make money. That does not change the fact it has been voted into law.

 

[HighwayMan]

Since he's been moving around so much what makes you think NY hasn't been trying to collect this money all along?

The DRA is basically a bad driver punishment on top of any other fines and fees. It only comes into play when one accumulates 6 or more points on one's New York State driving record within an 18 month period of time.

Whether it's collected promptly or two years later doesn't seem to have much relevance. Think of it as an interest free loan for the past number of years. The time has come to pay the fines.

If he fails to pay, then New York will suspend his NY driving privilege. After a bit more time goes by NY will contact his home state and have his actual license suspended there until the fines are paid. Of course, this will only increase the amount of money owed since he will have to pay NY (at least) additional fees to lift the suspension(s) on his operating privilege or else he will never be able to legally drive in NY again. If he does it will subject him to arrest since driving with a suspended license/privilege is a misdemeanor.

My advice is for your son to pay the DRA and get it over with.

 

[Ohiogal]

Four and a half years ago I would have been happy to see his insurance rates go up, due to his tendency to speed, would have served him a better lesson, at that time. Three years ago he moved to Louisiana, and got his license there, but didn't drive as it was too congested, and insurance rates were too high. Six months ago he moved to Colorado, and has his car there, but doesn't drive much, since he is so close to work, he just walks.

So they hit him with this now, when he should have gotten it then? Sorry, it just doesn't seem ethical. My father is a retired CT State Trooper, and he doesn't think it makes any sense either. Unless it is a way for NY to make money.

What they should have done is suspended his driver's license for failure to pay the tickets and then he could have been without one for the last four and a half years and continuing until he pays the tickets that he got. Your son was irresponsible and didn't pay the tickets. That is YOUR son's fault and your son's problem. He also could have gotten a warrant put out for him for his ignorance on this issue.

 

[I'mTheFather]

What they should have done is suspended his driver's license for failure to pay the tickets and then he could have been without one for the last four and a half years and continuing until he pays the tickets that he got. Your son was irresponsible and didn't pay the tickets. That is YOUR son's fault and your son's problem. He also could have gotten a warrant put out for him for his ignorance on this issue.

The fees OP is asking about seem to be in addition to the fines associated with the tickets his son received. The tickets were most likely paid.

 

[HighwayMan]

What they should have done is suspended his driver's license for failure to pay the tickets and then he could have been without one for the last four and a half years and continuing until he pays the tickets that he got... He also could have gotten a warrant put out for him for his ignorance on this issue.

Well, actually Gal, it sounds like he DID pay the tickets. The way it works is the court assesses the fine based on the charge. One then merrily pays the fine to the court. The courts don't know anything about the points for any violation and don't care. When the convictions get recorded then the DMV becomes aware of them and discovers the need for the DRA based upon the point total. The bill for the DRA has nothing to do with the local courts - it comes right from the DMV in Albany. The issue is then do they have the correct, updated address for the violator.

Failure to pay the fines or answer the tickets would result in the court imposing the suspension(s). If the DRA isn't paid, the DMV itself originates the process.

Also, as a small correction and as an FYI... in New York a Uniform Traffic Ticket (or any simplified traffic information) is not considered to be sufficient to establish probable cause so warrants cannot be issued for traffic infraction offenses in a case like this.

 

[HighwayMan]

Oh, and I would not be a bit surprised if the violator's driving privilege was already suspended in NY. If the case did not fall through the cracks and the DMV has been looking for a good address for him for the past 4 years then his privilege would definitely be suspended.

Before he drives in NY again he'd better make a trip to the DMV in NY and find out if this is the case or he may very well get into even more trouble if he drives in NY again.

 

[PaulE]

Since he's been moving around so much what makes you think NY hasn't been trying to collect this money all along?
...
My advice is for your son to pay the DRA and get it over with.

When he received the tickets he was a student and his license showed this address, and his payment date is showing 5/13/2014. In my searching I see some people received these notices 6 years after they received their tickets. The wheels of justice must move slowly.

 

[PaulE]

What they should have done is suspended his driver's license for failure to pay the tickets and then he could have been without one for the last four and a half years and continuing until he pays the tickets that he got. Your son was irresponsible and didn't pay the tickets. That is YOUR son's fault and your son's problem. He also could have gotten a warrant put out for him for his ignorance on this issue.

He paid the tickets when he got them. I agree with irresponsible for speeding in the first place. Not to mention not learning after the first ticket.

 

[PaulE]

Before he drives in NY again he'd better make a trip to the DMV in NY and find out if this is the case or he may very well get into even more trouble if he drives in NY again.

I don't think he will be going to NY any time soon. I'll recommend he pay the assessment so he doesn't have it hanging over his head. Thanks for the feedback.

Paul

 

[HighwayMan]

I have no experience with the receiving end of a DRA, so I do not know what is typical in terms of processing time. However, based upon what I've seen of the brain surgeons in Albany, I would not be surprised at any processing delays.

Also, it is not the wheels of justice that turn slowly in this case. It's just the Department of Motor Vehicles.

 

[HighwayMan]

I'll recommend he pay the assessment so he doesn't have it hanging over his head.

It's more than that. As I said he WILL end up with a suspended license without a doubt. Once that happens he'll have to jump through a lot of hoops to get his license suspension cleared, because then it will involve a bureaucracy in TWO states.