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RED Light Camera

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1tenant

Member
What is the name of your state (NY)? city NYC

Can I ignore a Red light Camera Notice?

What happens if you ignore it?

I ask because in california people ignored them and they abandoned the system because it wasn't a formal complain or had any legal basis.

If I cant ignore it how would I file to have a trial in a real court (not Admin court)
I would like to answer to challenge jurisdiction or merits of the complain.
 
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1tenant

Member
OK, jurisdiction has 2 types: personal & subject matter. Which one would you like to attack or both, and why?
Subject matter, No issue before the court. is the red light camera is a formal complaint?
who is making the complaint, who is the witness?...

What do you think about the ignoring the notice?
 
Subject matter, No issue before the court. is the red light camera is a formal complaint?
who is making the complaint, who is the witness?...

What do you think about the ignoring the notice?
Ignore it? Be found guilty.

Want a "formal complaint" then ask for one. You may get one, you may not.
Otherwise, file a motion to dismiss. That's the proper way of attacking subject matter jurisdiction.
 

HomeGuru

Senior Member
What is the name of your state (NY)? city NYC

Can I ignore a Red light Camera Notice?

What happens if you ignore it?

I ask because in california people ignored them and they abandoned the system because it wasn't a formal complain or had any legal basis.

If I cant ignore it how would I file to have a trial in a real court (not Admin court)
I would like to answer to challenge jurisdiction or merits of the complain.
**A: was this a case of running a red light and getting it captured on a camera at the intersection?
 

1tenant

Member
Ignore it? Be found guilty.

Want a "formal complaint" then ask for one. You may get one, you may not.
Otherwise, file a motion to dismiss. That's the proper way of attacking subject matter jurisdiction.
Thanks for your help.

Some of the confusion I have with these tickets. is How do I move them to a real court to file these motions? I really dont want to deal with Admin Courts and since the controversy is more then 20$ they need to provide my requests for real trial?

Thanks for your help...
 

HomeGuru

Senior Member
Thanks for your help.

Some of the confusion I have with these tickets. is How do I move them to a real court to file these motions? I really dont want to deal with Admin Courts and since the controversy is more then 20$ they need to provide my requests for real trial?

Thanks for your help...
**A: you failed to answer my questions thus you must really be confused.
Good luck.
 

1tenant

Member
**A: when you got the citation in the mail, did it come with the photo and can you see the vehicle license plate and you driving the car?
I wasnt driving. I have to double check everything on the photo. I know what your saying but. I dont think this is legal.

thanks for the reply.
 

Zigner

Senior Member, Non-Attorney
I wasnt driving. I have to double check everything on the photo. I know what your saying but. I dont think this is legal.

thanks for the reply.
If you weren't driving (and the photo makes that clear), then it would be to your advantage to protest this.
 

HighwayMan

Super Secret Senior Member
If you weren't driving (and the photo makes that clear), then it would be to your advantage to protest this.
That's incorrect, Zig.

While I don't remember the section of what law covers these, what is issued by the NYC Department of Finance is a "Notice of Liability". Forget about other states, these are very different.

These violations are like parking tickets. They are issued against the VEHICLE. Therefore, it does not matter who was driving - the liability belongs to the owner of the vehicle. No photo is taken of the driver since it does not matter who was driving.

There are no points associated with this violation since it is issued against the vehicle. If it is ignored by you the matter will be sent to a collection agency, liens may be placed on the vehicle or owner's other property, and it's possible that the registration will either be suspended or will not be renewed once the DMV is notified of the outstanding penalties.

These violations are adjudicated administratively. Period. If you don't like that or want to fight the legality of the statute then go ahead and try. You'll end up spending much more than the $50 fine in attorney's fees. Unless you can get the ACLU or NYCLU to take your case for free.

Good luck.
 
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