Suffolk County Traffic Cameras Overcharging
Pesky Speed Cameras - we fought Nassau County when it came to School Speed Cameras in Cory Morris v. Nassau County Traffic and Parkings Violations Agency et al. but what about the adminisrtative fees? These cameras were alleged to cause New York Accidents and Injuries, Speeding Tickets, Etc., in order to "beat" the red light. Had an accident where there was a "traffic camera" in Nassau or Suffolk County? You likely could not get those videos but you certainly can get the fines. Now that is over!
Traffic Tickets, Car Accidents, Police Encounters are uncomfortable and, to make matters worse, the Nassau County and Suffolk County Traffic and Parking Violations Agency ("TPVA") is the "traffic court" at which you may be hailed if you are the subject of a Suffolk County Traffic Ticket or Nassau County Traffic Ticket. Where it is a Speeding Ticket or as the result of a Bad Car Accident, the Suffolk County Police may hail you into the Traffic Agency but, worse, these Nassau and Suffolk County Traffic Courts were issuing illegal administrative fees on Camera Tickets!
Here, McGrath v. Suffolk County, 2024 NY Slip Op 5973 - NY: Appellate Div., 2nd Dept., 2024, the Second Department, Supreme Court, recites that the lower court denied the Traffic Court/Traffic Agency's request to dismiss the motorist claim,
The order...declaring that the defendants' imposition of an administrative fee for a red light camera violation is authorized under state law and granted those branches of the plaintiff's cross-motion which were for summary judgment declaring that the defendants' imposition of a monetary liability for a red light camera violation in excess of $50, or $75 with a late fee, is ultra vires, unconstitutional, preempted, void, or otherwise illegal
A New York Accident or New York Traffic Matter should not be complex but this case involved the Suffolk County TPVA and thus illegal traffic court fees/traffic agency fees were obtained "Vehicle and Traffic Law § 1111-b ...imposition of a monetary liability for vehicle owners in excess of $50, or $75 with a statutorily authorized late fee, for a red light camera violation is void as a matter of law." Now what, do we get that traffic camera money/adminisrtative fees back!
The Case is McGrath v. Suffolk County, 2024 NY Slip Op 5973 - NY: Appellate Div., 2nd Dept., 2024, whereby the Court holds that "we remit the matter to the Supreme Court, Suffolk County, for the entry of a judgment, inter alia, declaring that the defendants' imposition of a monetary liability for vehicle owners in excess of $50, or $75 with a statutorily authorized late fee, for a red light camera violation is void as a matter of law..."
Cory H. Morris, Esq. New York and Florida, Injury, Addiction, Accident, Call the Law Offices of Cory H. Morris, 631-450-2515 (NYS) (954)-745-4592 (FLA)
New York State Traffic, Suffolk County Traffic and Nassau County Traffic, FOIL and Article 78 and Appeals - Traffic and Parking Violations Agency matters | Call 631-450-2515 or E-Mail info@CoryHMorris.com to arrange for an evaluation of your matter (injury, accident, traffic matter, criminal matter or appellate matter).
Comments