Speeding Camera Violation

[Misterskyline]

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

Hi, I recently received a photograph of my car from the NYC department of finance, saying I was doing 48 in a 30. Well it just so happens, my brother was using my car that day, just my luck. I was doing some reading online, and I came across someone saying they were able to have this ticket dismissed because they were not the driver at the time the photograph was taken, and there was no proof showing that they were the actual driver. Is there anyway that I can beat this ticket? Thanks.

 

[HighwayMan]

Speed cameras are relatively new in NY and I am not that familiar with them, however...

I believe that they are administrative tickets just like the re light camera tickets, meaning that they are issued against the vehicle and NOT the operator, meaning that the owner is fully responsible. No way to get it dismissed just because you weren't the driver.

 

[HighwayMan]

This is from nyc.gov:

The City has installed speed cameras at fixed locations to photograph speeding vehicles in school zones. Photographs will be used to document speeding violations. If a speeding violation has been committed and is documented by a camera, the vehicle owner will receive a Notice of Liability in the mail about 30 days after the violation is committed. The owner will have 30 days from the date of the Notice to pay or dispute the violation. If you receive a Notice of Liability in the mail for a speed camera violation, the fine is $50.

As I suspected, you received a Notice of Liability - exactly the same as a red light camera "ticket". Pay the fine. You can always ask your brother to reimburse you. If he refuses you may sue him in small claims court.

By the way, these cameras ONLY exist in school zones. NOT the place you want to be speeding.

 

[Misterskyline]

Thank you for your reply Highwayman.. I already tried to explain my situation with an online hearing, but of course they said Im still liable. What really has me confused is this though..

1. What if I am not the driver/owner of the vehicle at the time of the violation?

A: Please refer to your Notice or login for further instructions. If applicable; you may be able to submit an affidavit or declaration of non-liability. The forms may be downloaded from www.ViolationInfo.com. The form must be filled out, accurately and in its entirety.

https://www.violationinfo.com/

How is one applicable? The notice or login does not touch any further on the above statement.. There are also no forms or anyway of downloading them from that site as far as Im concerned.

As for speeding in the school zone, I know that area where my brother was photographed, and honestly the school is 3 giant blocks + a football field from there and the place is deserted. All there is, is a ramp going onto a highway. I see this is the story with alot of these threads. The schools are not where these people are being photographed. Nice convenient trap.

 

[HighwayMan]

How is one applicable? The notice or login does not touch any further on the above statement.. There are also no forms or anyway of downloading them from that site as far as Im concerned.

I fail to see why the City of New York would refer violators to a third party commercial website for a form. The NoL would be adjudicated by the City not a third party. These are not Notices of Violation but Notices of Liability. So how does one dispute this? In person? By mail?

As for speeding in the school zone, I know that area where my brother was photographed, and honestly the school is 3 giant blocks + a football field from there and the place is deserted. All there is, is a ramp going onto a highway. I see this is the story with alot of these threads. The schools are not where these people are being photographed. Nice convenient trap.

I have never in my extensive travels around the city seen a school zone not near a school. Is it the same street that the school is on?

 

[Misterskyline]

I fail to see why the City of New York would refer violators to a third party commercial website for a form. The NoL would be adjudicated by the City not a third party. These are not Notices of Violation but Notices of Liability. So how does one dispute this? In person? By mail?

To dispute it, you still have to go to the DOT website. It links you straight from this third party site. Very strange. This third party site was included in the notice of liability. I heard many people don't even bother paying for these types of tickets, and get away with it. I did get an extra month to pay though after the judge emailed me back still telling me im guilty because the car is registered to me.

I have never in my extensive travels around the city seen a school zone not near a school. Is it the same street that the school is on?

No it's maybe a mile away. But still close enough to the football field where they can claim that students are there at times when there is no reason for anyone to be there other than illegals selling flowers on the side of the road and trucks using that long empty street alongside the highway to park. Exploitation of a situation is whats going on here.

 

[HighwayMan]

The football field is probably the local school's field and that's why. The zone's were not changed after the installation of the speed cameras so don't blame that.

At less than half the cost of an average parking ticket it's a bargain.

As I advised the owner is liable. If you want to recoup the costs either ask your brother for the money or sue him in small claims court.

 

[HighwayMan]

By the way, it's never a good idea to ignore any type of a violation notice. I don't know what NYC does with these NoL's when people don't pay or answer but it can't be a good result - even though it may be slow in coming.
.

 

[Misterskyline]

Ok thanks for your help