Should I still appeal a School Zone Speeding Camera Tikcet in Brooklyn, NY (NY State)

[mystiky2016]

What is the name of your state (only U.S. law)? New York

I received a 37 mph School Zone Camera ticket (in a 25 MPH zone). The thing is: I was not even in the car when the said infraction occurred. My brother, who resides in Seattle, WA arrived earlier in the morning (on a red-eye flight) and was using the car all day long after picking it up at my residence the very same day. I appealed the ticket using an ON-LINE hearing and attached as evidence 1) a copy of his airline ticket receipt and 2) proof that he resides in Seattle.

5 days later, I got the following response via email from the Administrative Law Judge (ALJ):

"The respondent has been charged with violating Section 1180-b of the Vehicle and Traffic Law, by failing to comply with the maximum
speed limits in a school speed zone. Respondent testifies she was not the operator of the vehicle, but even if true this is not a valid
legal defense as the registered owner is ultimately responsible for the summonses incurred by authorized agents. Summons sustained."

So, based on the above 1) Is it worth to appeal this and show up in person to argue as I have never had any such speeding violation before 2) I am a HE and not a SHE (as written in the decision) and 3) so if I gave my car to my brother, and he runs over someone and god forbid kills them, I would be also charged as "registered owner is ultimately responsible"?

Any and all advice is much appreciated.
Thanks,
Michael

 

[Zigner]

What is the name of your state (only U.S. law)? New York

I received a 37 mph School Zone Camera ticket (in a 25 MPH zone). The thing is: I was not even in the car when the said infraction occurred. My brother, who resides in Seattle, WA arrived earlier in the morning (on a red-eye flight) and was using the car all day long after picking it up at my residence the very same day. I appealed the ticket using an ON-LINE hearing and attached as evidence 1) a copy of his airline ticket receipt and 2) proof that he resides in Seattle.

5 days later, I got the following response via email from the Administrative Law Judge (ALJ):

"The respondent has been charged with violating Section 1180-b of the Vehicle and Traffic Law, by failing to comply with the maximum
speed limits in a school speed zone. Respondent testifies she was not the operator of the vehicle, but even if true this is not a valid
legal defense as the registered owner is ultimately responsible for the summonses incurred by authorized agents. Summons sustained."

So, based on the above 1) Is it worth to appeal this and show up in person to argue as I have never had any such speeding violation before 2) I am a HE and not a SHE (as written in the decision) and 3) so if I gave my car to my brother, and he runs over someone and god forbid kills them, I would be also charged as "registered owner is ultimately responsible"?

Any and all advice is much appreciated.
Thanks,
Michael

It seems that New York law says that the owner is ultimately responsible for these violations. Pay it and ask your brother to reimburse you.

 

[mystiky2016]

It seems that New York law says that the owner is ultimately responsible for these violations. Pay it and ask your brother to reimburse you.

Trying to find a definition of that law in the books, where it actually says that. Because if it states "the sole responsibility" then I agree. But if the interpretation is open, that's another matter, I think.

 

[Zigner]

Trying to find a definition of that law in the books, where it actually says that. Because if it states "the sole responsibility" then I agree. But if the interpretation is open, that's another matter, I think.

"sole responsibility" isn't required.

 

[HighwayMan]

Was the original notice you received a "Notice of Liability"?

If so then it is like a red light camera ticket and goes to the vehicle not the driver. It is not a moving violation carrying points - it's like a parking ticket.