Driver responsibility assessment

frenchy 911 · 07-23-2005, 06:13 PM

ok, I got a speeding ticket few months ago 20 miles above the limit, I paid the fine and got my 6 points off my lisence. Now 2 monhts later I have received a letter from the DMV new york asking me to pay another $300 for Driver responsibility assessment. They saying that this fee as to be paid if you loose 6 points or more in a 18 month period.

What is this all about, is that a new NY law? What are my rights? I did take my defensive driving shortly after my tickets and should be back to 2 points now

TimT · 07-23-2005, 06:23 PM

Ive never heard of anything like this!!!

when you pay the fine, you have paid your debt to the state...

send a copy of your reciept back..paid in full

randywebb · 07-23-2005, 06:26 PM

guess again Tim, they can do anything they want that is not prohibited by the Constitution

frnechy - ask them for the statutory authority for this -- state that you didn't know about it and would have fought the ticket if you knew about it... you will probably need an atty

frenchy 911 · 07-23-2005, 06:27 PM

This is what I thought but apprently not the state must be running low in cash and are looking for more.

Wayne 962 · Wayne 962's Garage

Quote:

Originally posted by randywebb
guess again Tim, they can do anything they want that is not prohibited by the Constitution

I would think that jeopardy would attach...

-Wayne

randywebb · 07-23-2005, 08:34 PM

I have no idea what that means -- and I are a lawyuh...

MRM · 07-23-2005, 08:48 PM

No jeopardy to attach. The fine that came with the ticket is a criminal punishment. The driver responsibility fee is a civil assessment that is imposed on you as a condition of keeping your drivers license.

Let me see if I can explain it this way. Failing to pay a fine can result in you going to jail - it's a criminal violation. Failing to pay the driver responsiblity fee won't get you sent to jail, but it will cause you to lose your license.

You might be able to withdraw your guilty plea to the original ticket on the grounds that your plea was not knowing, inteligent and voluntary because you weren't aware of the civil assessment that followed a 6 point violation. Then you could negotiate your ticket down to something less than 6 points and avoid the new assessment. You'll need an experienced traffic lawyer to do it, though. Withdrawing a plea is not easy.

randywebb · 07-23-2005, 09:25 PM

Well, that is very unlikely. Traffic tickets are almost always civil infractions, NOT criminal violations. That is how they get away with altering the burdens of proof and production, as well as other things such as jusry trials, etc.

I agree that you might be able to w/draw your plea.

You will need a lawyer in your state -- and BTW I never give legal advice....

anthony · 07-23-2005, 09:30 PM

My guess is that hiring a lawyer will not save you $300 in this case.

Hugh R · 07-23-2005, 11:35 PM

Talk about a shake down!! Sort of like OJ being found criminally innocent, but civily liable, not that I don't think he did it. But......

Wayne 962 · Wayne 962's Garage

Sounds like trying to try you twice for the same crime?

-Wayne

asphaltgambler · 07-24-2005, 08:13 AM

DEEWWWW----- WHAAAA???????

randywebb · 07-24-2005, 10:34 AM

Yes an atty costs money... Is it about the fine or the money to the ins. co. or other issues?

No, it is not double jeopardy - there are two distinct charges. And, not a crime.

Kraftwerk · 07-24-2005, 11:33 AM

This is a new way for New York State to Make Money.
I read about this awhile back and it sounded so horrible I tried to forget about it. What I initially understood was if you get ticket you pay the initial fine then they send you a 'bill' once a year for the next three years. Maybe they changed that to just one "bill" after you pay the fine. Either way this means the price of the ticket has ballooned. Watch out California will probably follow suit.

LeeH · 07-24-2005, 11:44 AM

http://www.nydmv.state.ny.us/drp.htm

Jgordon · 07-24-2005, 12:52 PM

The thing that amazes me is that new york citizens haven't banded together to protest things like this, and to take the law into their own hands. CT successfully changed the predatory behavior of highway patrol ticketing, we should learn from their example. Sorry, I realize that offers you nothing.

stomachmonkey · 07-24-2005, 12:57 PM

That's f'd up. I just read the link.

Had no idea they had done this.

Scott

anthony · 07-24-2005, 01:03 PM

Quote:

Originally posted by Jgordon
The thing that amazes me is that new york citizens haven't banded together to protest things like this, and to take the law into their own hands.

My guess is that most New Yorkers won't have much sympathy for offenders. It's easy to tax a minority when the majority probably agrees. That link says:

Quote:

Who must pay a driver responsibility assessment?

You must pay the driver responsibility assessment if any of the following incidents occur:

* you are convicted of an alcohol-related traffic violation and the violation occurred on or after November 18, 2004 (includes boats and snowmobiles); or
* you are convicted of a drug-related traffic violation and the violation occurred on or after November 18, 2004 (includes boats and snowmobiles); or
* a DMV hearing determines that you refused a chemical test and the refusal occurred on or after November 18, 2004 (includes boats and snowmobiles); or
* you receive six or more points on your driver record during a period of 18 months and the violations occurred on or after November 18, 2004.

frenchy 911 · 07-25-2005, 05:24 AM

thanks all for your responses

I guess it is a little late to fight the ticket since I have already entered a guilty plea and a good lawyer may cost me more than $300.

I will probably paiy this over the next 3 years. Why bother paying in full right away and fight the next ticket.

This sucks I was just panning in spending some money to upgrade my steering wheel