A petition to abolish the New York City Traffic Violations Bureau (NYC TVB) has been established by Attorney Zev Goldstein, who spoke to Matzav.com about it.
Suffolk, Buffalo and Rochester all got rid of their Traffic Violations Bureau in 2013, 2015, and 2017 respectively. NYC (5 counties) is the last location left standing. Please contact your elected officials to abolish the TVB. Ultimately, this matter will matter most to defendants which tickets filed for which they can’t obtain a fair trial.
As a member of the NYSBA Committee on Vehicle and Traffic Law, Attorney Goldstein is attempting to get an opinion from the NYSBA on the issue.
Goldstein shared with Matzav.com the following problems with the TVB system:
- There is no plea bargaining; every ticket goes to trial.
- All traffic tickets in NYC are handled by DMV employees (ALJs) appointed in Albany, not real, elected judges.
- The burden of proof is “clear and convincing evidence” not “beyond a reasonable doubt.”
- Cases are exempt from the Criminal Procedure Law, applicable to all other traffic courts in New York State.
- Defendants can not ask the police officer what conduct they are accused of. Defendants are not entitled notice which is a right in every other Traffic Court in the State. NY CPL 100.25.(2). This means no opportunity to prepare for trial.
- Cases often take several years to proceed to trial.
“Suffolk, Rochester and Buffalo all got rid of their Traffic Violations Bureau. New York City shouldn’t be left behind. We want real justice, in front of real Judges, in a real courtroom,” Goldstein told Matzav.com. “NYC can make more money by reducing some traffic tickets to parking tickets and by completing cases faster. Plea bargaining by a prosecutor saves police officers trips to court, allowing them to do their job on the street. This is a win win for everyone (except the DMV employees who are union members.) There is no good reason why New Yorkers can’t get their day in traffic court.”
See the petition here.
{CB Frommer-Matzav.com}
I’m a victim of this process. Person ahead of me had a lawyer got away with bargaining moving violation to a parking ticket! I had same argument got points fines that led to a huge increase in insurance. How do you say ‘conspiracy’?
I hope they make it retroactive.
Many years ago, then Governor Pataki gave me PBA card with my name printed on it. I guess you’re supposed to show that to a cop if you get pulled over. It’s sort of like a “Get out of Jail” card. I never got to use my card. I don’t get pulled over. What a corrupt place NY is.