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02-22-2007, 12:38 PM
| | Junior Member | | Join Date: Feb 2007
Posts: 1
| | | Seatbelt and Cellphone Violation
What is the name of your state? New York
hey there fellow helpers.
so a while back i got pulled over for talking on my cell phone and not having a seatbelt. (the tickets said that each violation was $40) I had just pulled out of the spot and was going to put my belt on and attach my headset but then i got pulled over. it was crazy how immediate it was, but thats not why im here.
I pleaded not guilty thinking i could maybe get a reduction. Then something came up, and I went out of town for a couple of months. upon returning, (monday) i had a lot of mail, one being a notice of a trial for these ticktets, one being a notice that i missed the trial, and another telling me of impending license suspension if i dont respond by march 9th.
so i called them up and they told me that it was no big deal, and that I owed $180. I asked whether the extra $100 was a late fee or something, but they said that they were mandatory surcharges of $50 for each ticket.
After looking around online I found that one "can receive a maximum fine of $100 and mandatory surcharges of $50." meaning the $40 + $50 surcharge.
But when looking online for information about the seatbelt, there was never any mention of a $50 surcharge.
Does anyone out there know anything about this? Or know if these surcharges are legitamate? Meaning, if I had pleaded guilty immediately, I would have had to pay only the $80? or no, I would have had to pay all $180....
I'd appreciate any and all advice about this.
Thank you so much for your time if you made it this far ( i know its a little wordy...heh)
thanks again
Max  |
02-22-2007, 12:41 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 27,482
| | | Ask the court clerk for the state statute number allowing the extra stuff.
Post the number here.
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02-22-2007, 01:09 PM
| | Member | | Join Date: Feb 2007
Posts: 456
| | | I never ever seen a traffic ticket in NY that had a fine written on it. And I have seen alot. You do however have to pay the surcharge.
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''It's as simple as this. You don't get on the stand and say, 'I'm sorry for not doing the right thing.' You testify, 'I did the right thing!' That's how you win lawsuits. You're right! Even when you're wrong.''-Denny Crane
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02-22-2007, 03:20 PM
| | Senior Member | | Join Date: Jun 2004
Posts: 6,423
| | | The surcharge is real, and last I heard (and paid), was actually $55, not $50. It's added to almost every NYS ticket that's not a parking violation. I believe it was the creation of Pataki, but it's been around for a long time now. If anyone really cares enough, I'll dig up the VTL section which authorizes it, but it's just the state reaching deeper into your pockets - you would have had to pay it even if you paid the tickets on time.
__________________ Quote: |
Originally Posted by Wirelessany1 CIRCUMSTANCE - PLEASE FOR GOD'S SAKE PLEASE STOP VICTIMIZING THESE PEOPLE | | |
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