Red Light Violation Received by Mail, But It Was Not Me

[klr650]

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

My friend received a Notice in the mail from State of New York for "Notice of Impending Driver License Suspension and Conviction". We were able to get a copy of the ticket (see below), and I also added the Notice received in the mail (see below). The ticket has her name on it, but it's misspelled, and the birthday is incorrect. The ticket does not identify a drivers license #. Possible forged identity at time of ticketing?? Should the Notice just be ignored (friend doesn't live in NY), or should she try calling the NY Traffic Violations Bureau saying there was a mistake in identity. She is somewhat inclined not to do anything as a court appearance would likely take away a day from work.

It's all the information we have at the moment. Not sure what to do or who to contact at this point. Please provide us with some guidance as to what we should do next. Thank you guys in advance!

____________________________________________________________________


Traffic Ticket:
NYS Dept of Motor Vehicles.
Similar but misspelled recipient name.
Address notice was sent to.
Wrong DOB.
Police Agency and Local Police Code listed.
No ID/License number or expiration date, no plate #, no registration provided.
Vehicle Type - bike, but no make, no color specified.
Date and Time of offense listed.
Description - "Failed to stop at red light".
VTL, TRINF checked off.
Place of Occurrence - address in city listed, county listed, precinct listed.
Complainant Sign and Print Name/Rank provided with date, officer ID # and Officer's Command.
Fine $278.

"You must answer this ticket within 15 days of the date of offense. To answer online at www.dmv.ny.gov/eplead.htm or by mail, follow instruction on teh other sied. Failure to answer will result in suspension of your license and a default judgment against you."

Notice received in mail:
Sent from - NY State department of motor vehicles, 6 empire state plaza.
Notice of Impending Driver License Suspension and Conviction.
Traffic ticket #.
Similar but Misspelled recipient name.
Address of recipient.

"As authorized by vehicle and traffic Law, your license and/or privilege to drive in NY State will be suspended effective 05/23/14 for failure to appear to answer the traffic ticket you received for NYC BIKE/SKATE RDLGT in MANHATTAN SOUTH."

"You must answer immediately to avoid additional fees. If your license is suspended, in addition to any other fines and surcharges, a $70 suspension termination fee will be due even if you are later found not guilty of the charge."

"Furthermore, if you do not answer this ticket before 06/22/14 you will be default convicted of this charge. Your fine will be increased and an additional $70 suspension termination fee will be due. You may also be subject to points on your license and a Driver Responsibility Assessment fee."

"If you wish to plea not guilty, you must appear in person at the Manhattan South Traffic Violations Bureau at 2 Washington St 5th Floor NYC. You may be required to post a $40 cash bond."

"If you have access to the internet, and you wish to plead guilty to this charge, we strongly suggest that you pay your fines on the Internet at: www.dmv.ny.gov/eplead.htm to avoid mail and processing time which could lead to possible suspension and additional fees."

"For some violations, you must appear in person, even if you wish to plead guilty. See the enclosed fine schedule for additional information."

"You may also plead guilty and pay by mail using check, money order or credit card. Any check or money order should be made payable to
the Commissioner of Motor Vehicles, and the ticket number written on your payment. To pay by credit card, provide all credit card
information in the spaces below. Complete and detach the bottom portion of this form and send with payment to:"

Traffic Violations Division Plea Unit
PO Box 2950 - ESP
Albany NY

"If your address is different from the one printed, please make corrections in the space provided below."

Traffic ticket #, date of offense
Similar but Misspelled recipient name
Address of recipient
Wrong birthday
NYC BIKE/SKATE RDLGT

 

[Zigner]

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

My friend received a Notice in the mail from State of New York for "Notice of Impending Driver License Suspension and Conviction". We were able to get a copy of the ticket (see below), and I also added the Notice received in the mail (see below). The ticket has her name on it, but it's misspelled, and the birthday is incorrect. The ticket does not identify a drivers license #. Possible forged identity at time of ticketing?? Should the Notice just be ignored (friend doesn't live in NY), or should she try calling the NY Traffic Violations Bureau saying there was a mistake in identity. She is somewhat inclined not to do anything as a court appearance would likely take away a day from work.

It's all the information we have at the moment. Not sure what to do or who to contact at this point. Please provide us with some guidance as to what we should do next. Thank you guys in advance!

____________________________________________________________________


Traffic Ticket:
NYS Dept of Motor Vehicles.
Similar but misspelled recipient name.
Address notice was sent to.
Wrong DOB.
Police Agency and Local Police Code listed.
No ID/License number or expiration date, no plate #, no registration provided.
Vehicle Type - bike, but no make, no color specified.
Date and Time of offense listed.
Description - "Failed to stop at red light".
VTL, TRINF checked off.
Place of Occurrence - address in city listed, county listed, precinct listed.
Complainant Sign and Print Name/Rank provided with date, officer ID # and Officer's Command.
Fine $278.

"You must answer this ticket within 15 days of the date of offense. To answer online at www.dmv.ny.gov/eplead.htm or by mail, follow instruction on teh other sied. Failure to answer will result in suspension of your license and a default judgment against you."

Notice received in mail:
Sent from - NY State department of motor vehicles, 6 empire state plaza.
Notice of Impending Driver License Suspension and Conviction.
Traffic ticket #.
Similar but Misspelled recipient name.
Address of recipient.

"As authorized by vehicle and traffic Law, your license and/or privilege to drive in NY State will be suspended effective 05/23/14 for failure to appear to answer the traffic ticket you received for NYC BIKE/SKATE RDLGT in MANHATTAN SOUTH."

"You must answer immediately to avoid additional fees. If your license is suspended, in addition to any other fines and surcharges, a $70 suspension termination fee will be due even if you are later found not guilty of the charge."

"Furthermore, if you do not answer this ticket before 06/22/14 you will be default convicted of this charge. Your fine will be increased and an additional $70 suspension termination fee will be due. You may also be subject to points on your license and a Driver Responsibility Assessment fee."

"If you wish to plea not guilty, you must appear in person at the Manhattan South Traffic Violations Bureau at 2 Washington St 5th Floor NYC. You may be required to post a $40 cash bond."

"If you have access to the internet, and you wish to plead guilty to this charge, we strongly suggest that you pay your fines on the Internet at: www.dmv.ny.gov/eplead.htm to avoid mail and processing time which could lead to possible suspension and additional fees."

"For some violations, you must appear in person, even if you wish to plead guilty. See the enclosed fine schedule for additional information."

"You may also plead guilty and pay by mail using check, money order or credit card. Any check or money order should be made payable to
the Commissioner of Motor Vehicles, and the ticket number written on your payment. To pay by credit card, provide all credit card
information in the spaces below. Complete and detach the bottom portion of this form and send with payment to:"

Traffic Violations Division Plea Unit
PO Box 2950 - ESP
Albany NY

"If your address is different from the one printed, please make corrections in the space provided below."

Traffic ticket #, date of offense
Similar but Misspelled recipient name
Address of recipient
Wrong birthday
NYC BIKE/SKATE RDLGT

Are you an attorney?

 

[justalayman]

never ignore any official correspondence from the government. Even though she is not a NY resident, it could have far reaching effects. First, if she ever goes to NY and is stopped, it could result in a detention. Then, depending on what state she does reside in, they may honor suspensions from another state and enforce it in her home state.

nothing good will come from ignoring it.


as to what to do; hang on for some others. I don't know enough about NY to give much useful advice.

 

[klr650]

Are you an attorney?

i am not an attorney

 

[Zigner]

i am not an attorney

Then there is nothing "we" can do. You cannot do this for your friend. Sure, it's admirable that you are trying to help, but your friend is the one that will need to take action.

 

[klr650]

Then there is nothing "we" can do. You cannot do this for your friend. Sure, it's admirable that you are trying to help, but your friend is the one that will need to take action.

she doesn't have access to the internet, so i thought I could post it and relay the information to her. If you can recommend what action to take, then that would be greatly appreciated.

 

[HighwayMan]

She has two choices.

Either hire an attorney to deal with this for her, or deal with it herself in person. I would think it's cheaper for her to miss a day of work than to hire an attorney. It would also be more effective for her to be physically present in front of the judge and officer.

It's more than likely that she will have to attend an administrative hearing at the TVB with the officer present and raise the issue of her identity, wrong name, wrong DOB, etc.

Either the officer who wrote the ticket made some major mistakes or whoever entered the ticket into the system in Albany did. Either way, it would seem a fairly easy fix. She has a New York State license?

 

[HighwayMan]

By the way, this CANNOT be handled by phone - no clerk can dismiss this ticket. It requires a personal appearance.

 

[klr650]

She has a New York State license?

No she does not. Does that help at all?

It sounds like you are recommending she call TVB?

 

[klr650]

TVB said to not worry about it and return envelope/Notice to sender.

Someone else I spoke with said that NYS would continue to take steps against her if she does not plead guilty or not guilty, because they have her (misspelled first and last name, though it sounds same) name and address .

 

[HighwayMan]

It sounds like you are recommending she call TVB?

NO. I said she cannot deal with this by phone.

She can take her chances, but I would enter a not guilty plea and attend a hearing.

What you received is not an actual copy of the ticket, it's a computer printed slip which takes the place of a ticket at a hearing. It is missing much information, such as a license number. The TVB should be able to get an actual copy of the ticket submitted or at least the officer should have his at the hearing. That would provide the judge with more information and hopefully make it even more obvious that the wrong person in involved.

 

[HighwayMan]

TVB said to not worry about it and return envelope/Notice to sender.

That's ridiculous. If it was addressed to her at her home address then returning it will just result in another notice being sent out to the same name/address.

She's already been cautioned on a fail to appear and her NYS driving privilege is about to be suspended in a few more days. She needs to get online and get the hearing scheduled to avoid problems.

Where does she live??