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i got a notice in the mail Re: violating NYSVTL section 1111-b and Yonkers City Code 109-45 (disobeying a traffic signal) on Sunday 5/29. There is a pic of my car going thru the intersection taken by a photographic traffic control. the notice says no points will be assessed for the civil penalty which is $50
I could post in Westchester NY board but I am in Riverdale, Bx and it's close enough
Does anyone know what the Yonkers City code is about I can't find anything about it, and what prevents points from being assessed, isn't it a regular traffic violation that comes with points? the fact that it was taken by a camera and is a Yonkers parking violations bureau matter? if i was stopped by a cop in NY City would it then be a moving violation?
I think it has to do with the fact that they don't know who was driving, so they just send a modest fine to the owner of the vehicle and hope you'll just pay it and not fight it.
EDIT: Yes it's a moving violation if a cop pulls you over and the fine is much higher as well.
i would like to fight it trouble is i can't download the video part of the ticket (I have the jpegs tho)
they claim i didn't stop for the red light but i guess the video would capture that part
if i went to court and asked them to show me evidence that i did not stop would they play the video for me?
they also claim i proceeded into an intersection by entering the crosswalk on the near side of the intersection, but the jpeg shows my car with the brake lights on with the front bumper behind the stop line
i don't know what they mean by crosswalk there was no line other than the stop line as far as i know
as far as i know you can make a right on a red in yonkers(there was no sign), which is just above the NY city line, where you cannot make a right on red
it doesn't seem that they are accusing me of making a right on red, but the other jpeg shows me making a right on red
so the accusation is a little fuzzy
i have to determine if i want to fight this in court you cannot reduce the fine from the $50 it may not be worth going since this will not be reported to the DMV
maybe i did fail to stop as i often get impatient and irritable at that corner it wouldn't surprise me if i did, just that in this case i don't see proof that i didn't stop at the red and don't know what they by entering the crosswalk when the j peg shows the frt bumper behind the line with my brake lights on
this is petty, would you go to court (PITA) or just pay it?
You have to come to a complete stop before turning right on red. I assume they have the video that shows you did not if that is what they are charging you with. Is it really worth a days hassle for no points, no record, and no guarantee of reducing/eliminating the fine for $50? Maybe for some.
The violation is treated as a parking ticket, hence the operator is responsible for the "actions" of the vehicle. The jpegs & video do not show the operator's face, so there is no basis for points to be assigned as there is no proof as to who actually was driving. Section 1111-b is a special provision that allows for the owner to be help liable when 1111(d) (failure to obey a traffic device) is violated. Basically, they have converted a moving violation to a parking ticket, but in doing so have violated our constitutional right of being presumed innocent. There is no burden on the courts to prove guilt as the red light detection device has already found you guilty. Unlike other states, NY does not allow a defense that someone else was driving the vehicle, nor is there a requirement that warning signs be posted within 300'. Basically you are screwed.
this OP was from almost 2 years ago. i racked up $200 in tickets(3 of them) at that light in 2011 including one by the Cross County Center(1 ticket) so now i am super careful in Yonkers.
although there is no "no right turn on red" sign at that intersection, i never make a right on red there, even if others are honking at me to go because i am afraid of getting a ticket. i never completely understood the j peg and what i did wrong but i just can't deal with the thought of going to the Yonkers court to fight the tickets.
i got a notice in the mail Re: violating NYSVTL section 1111-b and Yonkers City Code 109-45 (disobeying a traffic signal) on Sunday 5/29. There is a pic of my car going thru the intersection taken by a photographic traffic control. the notice says no points will be assessed for the civil penalty which is $50
I could post in Westchester NY board but I am in Riverdale, Bx and it's close enough
Does anyone know what the Yonkers City code is about I can't find anything about it, and what prevents points from being assessed, isn't it a regular traffic violation that comes with points? the fact that it was taken by a camera and is a Yonkers parking violations bureau matter? if i was stopped by a cop in NY City would it then be a moving violation?
The violation is treated as a parking ticket, hence the operator is responsible for the "actions" of the vehicle. The jpegs & video do not show the operator's face, so there is no basis for points to be assigned as there is no proof as to who actually was driving. Section 1111-b is a special provision that allows for the owner to be help liable when 1111(d) (failure to obey a traffic device) is violated. Basically, they have converted a moving violation to a parking ticket, but in doing so have violated our constitutional right of being presumed innocent. There is no burden on the courts to prove guilt as the red light detection device has already found you guilty. Unlike other states, NY does not allow a defense that someone else was driving the vehicle, nor is there a requirement that warning signs be posted within 300'. Basically you have to pay the fine.
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johnny
