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Seatbelt and Cellphone Violation

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standup22

Junior Member
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
 


AlanShore

Member
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.
 

You Are Guilty

Senior Member
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.
 

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