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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 board but I am in Riverdale 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?
First result on Google, however if you navigate to 109-45 you'll see that while it falls under the Administration section of "Vehicles and Traffic" it just says
Quote:
§§ 109-45 through 109-47. (Reserved)
I'm guessing their website just isn't up to date.
edit: vvvvv Drover explains the points thing much better
The reason they don't assess points is so that they can assign "vicarious liability" to the registered owner of the car without any regard for whether the owner is the actual "guilty" party. A moving violation on the other hand is a quasi-criminal offense with a higher burden of proof that is difficult to meet with a red-light camera. By treating it essentially like a parking ticket instead of a traffic violation, the city can simply ascribe the violation to the car rather than the driver, thus it need not trouble itself with such trifling concerns like burden of proof.
Don't know what the photos are like here but in Italy the cameras are so good that the photos look like the driver sat for a portrait.They match them to drivers license photos.They get the plate and your face together.
I received the same type of violation, and found your post by running a google search of "Yonkers City Code 109-45." I was wondering how you made out with your violation. I viewed the video and I do roll through a red light a little too fast to expect for an ALJ to let me off, but when I looked up VTL 1111-B, it is a statute regarding yellow lights!? I was going to move for a failure to state a cause of action since my violation has nothing to do with a "yellow light." Was wondering how you fared in all of this. Thanks
not because it's not worth fighting, but because $$ is tight these days and if i lose the hearing they give you only a week more to pay and i don't want to have to lose and then have to pay during a tight pay period yada yada yada...
that intersection (McLean Ave and Putnam Ave in Yonkers) is confusing, turns out i did see a thin white line which may have been the "crosswalk" they referred to, and i always see a light flashing(probably the camera) from a utility pole at that intersection by that big ugly billboard
i always am irritable and impatient at that corner because it's right by the entrance to the Saw Mill/H Hudson Pkwy and after crawling thru those slow Yonkers traffic lights i just want to get on the highway get home and stuff my face
my parents live in the suburbs of Atlanta, Ga. same thing happened to my dad at a street camera. he just paid the fine
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