RED Light Camera

[1tenant]

I plan to go Pro se and I am poor so I will ask court fees to be postponed.

If I cant move this to a real court then does this make it a bill of attainer?

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.

 

[wrongsometimes]

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.

Then its an affirmative defense, not a jurisdiction issue at all. Argue the admittance of the evidence .. really is no witness.

 

[1tenant]

Thanks,

I am stuck right now how to bring this issue before a real court. Some one told me the statute. but also where to file, where to go?

Then its an affirmative defense, not a jurisdiction issue at all. Argue the admittance of the evidence .. really is no witness.

 

[1tenant]

Also I can ask to confront my accuser?

Then its an affirmative defense, not a jurisdiction issue at all. Argue the admittance of the evidence .. really is no witness.

 

[davew128]

Also I can ask to confront my accuser?

Ok, we talked to the accuser. Here was its resonse, "I'm sorry Dave. I'm afraid I can't do that."

 

[wrongsometimes]

Also I can ask to confront my accuser?

No, but you can object to any testimony or evidence in which a proper foundation is not laid; even in admin hearings, your due process rights are intact. The question you need answering is what are my due process rights in such hearings. Search google scholar for your answer.

 

[HighwayMan]

Then its an affirmative defense, not a jurisdiction issue at all. Argue the admittance of the evidence .. really is no witness.

This is totally off the wall. It's meaningless advice.

 

[HighwayMan]

I plan to go Pro se and I am poor so I will ask court fees to be postponed.

What court fees? There is a fifty dollar fine associated with the violation. Period.

Either you are guilty or you are not. If you are guilty then you will have a certain amount of time to pay your fine before penalties will be tacked on.

 

[HighwayMan]

I am stuck right now how to bring this issue before a real court.

Hello? You cannot. At least not without a very expense attorney. And even then your chances are questionable due to the nature of the offense.

Do you think you are the first one who feels this way? If you want to set a legal precedent then be prepared to pay alot for that.

Go to your hearing, fight your fight, be prepared to lose and pay your $50. The photo evidence against you is pretty damning and hard to argue with.