A New York State Supreme Court judge has struck down a $30 fee increase that Suffolk County attempted to impose on red light camera tickets. The fee increase was imposed to increase revenue to the county from red light camera tickets, as well as a way of deterring speeding through harsher penalties. However, the court determined that Suffolk County did not have the legal authority to increase the fee and ruled the increase unconstitutional as a matter of law.
Red light cameras are cameras placed at traffic lights to photograph any vehicle that illegally drives through a red light, with a ticket sent to the address of whomever the photographed vehicle belongs to. The cameras are typically placed at high-traffic intersections where red light violations are common, freeing up police to patrol other areas for speeding and other traffic violations. Aside from supposedly deterring traffic violations, the cameras have also proved to be a consistent source of revenue for local governments who make money from every ticket issued.
The fines for red light camera violations are set at the state level, but that does not stop local governments from attempting to increase the amount of money they can bring in from red light tickets. However, a state Supreme Court justice has ruled that Suffolk County’s attempt to impose a $30 administrative fee on top of the existing fine was illegal, given that state law precludes any increase to the fine beyond what it already provides. Anticipating a possible settlement in the near future, the county may need to pay back the fees it has collected in the seven years since the administrative fee was first implemented, a significant financial blow at a time when the county already expects a major sales tax shortfall from the coronavirus.
If you are charged with a serious traffic-related criminal matter, particularly one involving driving while impaired or distracted driving, it is important to seek legal representation immediately. The Long Island traffic and criminal defense lawyers at McGuire, Peláez & Bennett, PC are experienced in handling these cases and will fight vigorously on your behalf. For information or to schedule a consultation, contact our Suffolk County traffic lawyers at (631) 348-1702.
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I was charged 30 plus 5 dollars which is a total of 85 instead of 50 so how do I get my 35 back?
If you were overcharged for a red light ticket, you can contact the local authority that issued the ticket, such as NYC’s Department of Finance: https://www1.nyc.gov/site/finance/about/contact-by-email/contact-online-parking-ticket-camera-violation-refund-form.page
However, you should do so quickly, as most authorities will not issued a refund after 30 days have passed.
Does this also go for tickets in longisland in Suffolk county
Does the illegal overcharge also go for Suffolk county? The link you gave me was for nyc
The Suffolk County Traffic Ticket Refund would normally provided here: https://suffolkcountyny.gov/tpva/Refunds
However, at this moment, it does not appear as though Suffolk County is issuing refunds. I do not know when a process to secure a refund might be put into place.
But I thought they are required to pay because it’s illegal to charge the 30 dollar fee
They are above the law