[WARNING] NYS TROOPERS [new law as of 10/01/06] | FerrariChat

[WARNING] NYS TROOPERS [new law as of 10/01/06]

Discussion in 'New York Tri-State' started by C6DVL, Aug 30, 2006.

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  1. C6DVL

    C6DVL Formula Junior

    Jul 28, 2005
    964
    Queens, NY
    Full Name:
    Ed K
    Effective September 1, 2006, the New York State Troopers will no longer be negotiating plea bargains in town justice courts. This new policy will impact the manner in which traffic tickets are adjudicated in town justice courts. The plea bargain system is essential to keeping the cost of operating our justice courts feasible for the taxpayers. Towns rely upon fine money garnered from traffic tickets to fund all or a substantial portion of the operating expenses associated with town justice courts. Town justices are prohibited from negotiating pleas themselves and must rely upon the district attorney or their designee to negotiate pleas in traffic cases (1980 Op. Atty. Gen. (Inf.) 237 citing Peo. v Decker, 28 Misc 2d 845 [County Ct, Chemung Co, 1961]). In many counties, the State Troopers provide this service.

    HERE'S THE FULL STORY

    Originally Posted by nytowns.org
    The ASSOCIATION OF TOWNS of the State of New York

    146 State Street, Albany, NY 12207

    "Service and Representation for the 932 Town Governments of New York"

    G. Jeffrey Haber, Executive Director [518] 465-7933 FAX [518] 465-0724

    www.nytowns.org



    July 17 2006



    Dear Supervisor:



    This letter is to inform you of legislation (S S7354, Introduced by Senator Bonacic / A 10710-A Introduced by M. of A. Lentol) regarding the plea bargain system as it pertains to traffic tickets. This legislation has been approved by both the Assembly and the Senate and is awaiting the Governor’s action.



    This legislation was introduced to address local concerns regarding the New York State Troopers pending policy to stop negotiating traffic tickets in town justice courts. The new policy will take effect September 1, 2006. This new policy might impact the manner in which traffic tickets are adjudicated in your town's justice court.



    The plea bargain system is essential to keeping the cost of operating our justice courts feasible for the taxpayers. Towns rely upon fine money garnered from traffic tickets to fund all or a substantial portion of the operating expenses associated with town justice courts. Town justices are prohibited from negotiating pleas themselves and must rely upon the district attorney or their designee to negotiate pleas in traffic cases.



    The Court of Appeals has recognized the impossibility of requiring a county district attorney to appear and prosecute all misdemeanors and offenses in every court within the county. The district attorney can fulfill his prosecutorial responsibilities by making arrangements whereby he knows of all prosecutions in the county and consents to appearances on his behalf. Two-thirds of county district attorneys currently rely upon the State troopers to negotiate traffic ticket plea bargains in local town and village justice courts. While we cannot predict how each county district attorney will handle the prosecution of traffic tickets after September 1, 2006, all or some may look to the towns to help meet this new obligation.



    If the Governor vetoes this legislation it is possible that in some counties a town officer might be called upon to accept a designation from the county district attorney’s office to negotiate plea bargains on behalf of his or her office. The State Attorney General’s Office has opined that this person could be a police officer or his superior, other administrative officers, private attorneys or municipal attorneys (1978 Op. Atty. Gen. (Inf.) 179). Any shift in this responsibility from the State to local government should not take place without an increase in justice court operational fees paid to local governments.



    Please write the Governor to register your support for this legislation:



    Governor George E. Pataki

    Executive Chamber

    New York State Capitol

    Albany, New York 12224

    Fax: 518-474-1513

    Email: [email protected].u s
    ***********************************************************

    This legislation will amend the Executive Law to prohibit the Division of State Police from making rules or regulations that would limit the ability of a member of the New York State Police to appear at any local court or facility within their geographical area of employment, to recommend a reduced charge from a violation of the Vehicle and Traffic law, other than any violation relating to the consumption or possession of alcohol or drugs. We respectfully request that the Governor approve this legislation.

    Effective September 1, 2006, the New York State Troopers will no longer be negotiating plea bargains in town justice courts. This new policy will impact the manner in which traffic tickets are adjudicated in town justice courts. The plea bargain system is essential to keeping the cost of operating our justice courts feasible for the taxpayers. Towns rely upon fine money garnered from traffic tickets to fund all or a substantial portion of the operating expenses associated with town justice courts. Town justices are prohibited from negotiating pleas themselves and must rely upon the district attorney or their designee to negotiate pleas in traffic cases (1980 Op. Atty. Gen. (Inf.) 237 citing Peo. v Decker, 28 Misc 2d 845 [County Ct, Chemung Co, 1961]). In many counties, the State Troopers provide this service.

    County Law §700 requires district attorneys to conduct all prosecutions for crimes and offenses cognizable by the courts of the county for which he shall have been elected or appointed. This responsibility includes prosecution of traffic infractions under the Vehicle and Traffic law (1978 Op. Atty. Gen. (Inf.) 179). In conducting such prosecutions, a district attorney is authorized to make pleas to traffic informations in accordance with the aforementioned provisions of Criminal Procedure Law, §§ 220.10 and 340.20.


    Although, the County District Attorney is responsible for negotiating traffic ticket plea bargains, the Court of Appeals has recognized the impossibility of requiring a county district attorney to appear and prosecute all misdemeanors and offenses in every court within the county. The district attorney can fulfill his prosecutorial responsibilities by making arrangements whereby he knows of all prosecutions in the county and consents to appearances on his behalf (Op Atty Gen (Inf) No. 96-31; (1978 Op. Atty. Gen. (Inf.) 179 citing People v. Van Sickle, 13 NY2d 61 [1963]; People v. Czajka, 11 NY2d 253 [1962]). Two-thirds of the County district attorneys rely upon the State Troopers to negotiate traffic ticket plea bargains in local town and village justice courts. While we cannot predict how each county district attorney will handle the prosecution of traffic tickets after September 1, 2006, many may look to the towns to help meet this new obligation. It is possible that in some counties a town officer might be called upon to accept a designation from the county district attorney’s office to negotiate plea bargains on behalf of his or her office (Op. Atty. Gen. (Inf.) No. 98-14). The State Attorney General’s Office has opined that this person could be a police officer or his superior, other administrative officers, private attorneys or municipal attorneys (1978 Op. Atty. Gen. (Inf.) 179).


    A change in policy of this magnitude during the end of the town’s fiscal year will be very difficult for many towns to financially absorb. In order for towns to absorb this new financial obligation they will need an increase in fees for operational expenses. Town justice courts have not received an increase in fees for operational expenses since 1997 (Chapter 452, §1, of the Laws of 1997 amended the General Municipal Law §99-l; Vehicle & Traffic Law §1809 (9); Penal Law, §60.35 (9, new) increasing the fees to $15.00). Therefore, any change in the appearance policy of the New York State Police should not take affect until legislation is adopted to establish new revenue streams to fund local prosecutors. This legislation affords the State an opportunity to examine the justice court’s operational fee structure and make amendments thereto in order to provide towns with the financial assistance required to implement such a policy as proposed by the State Troopers.

    The Association of Towns strongly supports this legislation and respectfully asks the Governor to sign this legislation into law.
     
  2. C6DVL

    C6DVL Formula Junior

    Jul 28, 2005
    964
    Queens, NY
    Full Name:
    Ed K
    Just wanted to add to this, this happens to be a re-post of another forum, I'm not taking credit for the find.


    Bottom line is this, you get a ticket youre going to trial, even if it takes them 5yrs from now to get you a court date
     
  3. Ciao Bello 348

    Ciao Bello 348 Formula 3

    Oct 3, 2005
    1,844
    The Garden State, US
    Full Name:
    John C
    So no more NYC runs and no Warren, NJ runs...


    TO CONNECTICUT WE GO....
     
  4. icantdrv55

    icantdrv55 Karting

    Aug 13, 2005
    189
    Hartfordish, CT
    Full Name:
    Chris
    That's an awesome idea! Come on up, we have some fun roads up here! Love to join you's guys...
     
  5. Speedracer38

    Speedracer38 F1 Veteran

    Oct 11, 2004
    5,187
    Connecticut
    Full Name:
    Jason Thorgalsen

    Agreed!! I feel a CT drive coming up :)
     
  6. icantdrv55

    icantdrv55 Karting

    Aug 13, 2005
    189
    Hartfordish, CT
    Full Name:
    Chris
    I think you're right, Jason.... high time we got on this idea.
     
  7. Speedracer38

    Speedracer38 F1 Veteran

    Oct 11, 2004
    5,187
    Connecticut
    Full Name:
    Jason Thorgalsen
    How about we setup something for Sunday the 24th? Not only is it my birthday it is the Festa Di Ferrari of Stamford. We could meet early in Greenwich with the NY/NJ crew and do a drive and our destination would be the Ferrari event.
     
  8. revsto9k

    revsto9k Formula Junior

    Aug 3, 2006
    402
    Clifton, New Jersey
    Full Name:
    Anuj
    A very beautiful scenic road is the Merrit Parkway in CT. It runs parallel with I-95. On early weekend mornings, the road is basically free of any traffic. :) ;)
     
  9. ClydeM

    ClydeM F1 World Champ
    Owner Rossa Subscribed

    Nov 4, 2003
    10,460
    Wayne, NJ
    Full Name:
    Clyde E. McMurdy
    Not to forget the DeGroot car show that weekend. Going down Western NJ is a nice run.
     
  10. Steve King

    Steve King F1 Rookie

    Feb 15, 2001
    4,367
    NY
    Don't get to upset as I understand it the troopers will not be able to make a deal in court but the ADA can reduce the charge if the trooper agrees. So it puts the negotiations on the ADA or the local DA/rep. But I also understand if you work with the trooper at the time of the ticket that you might get it written down at that time to a illegal parking or fail to yield , etc. but will avoid the speeding ticket . So if you get burnt check out the local ADA and see what you can do. Also if you get stopped then act accordingly and don't burn yourself. And last if you keep it under 62 mph on 55 roads and under 72 on Interstates you should have no problems. Enjoy the ride
     
  11. icantdrv55

    icantdrv55 Karting

    Aug 13, 2005
    189
    Hartfordish, CT
    Full Name:
    Chris
    Sounds great to me... I'm planning to hit up F.d.F., so adding a NY/CT meet & greet run to the mix sounds like fun to me. Anybody else?

    In fact, Festa di Ferrari runs from 11a-4p (not sure what time show cars need to arrive), and since one should never start the day on an empty stomach, perhaps a quick early morning run, a bite to eat (not necessarily in that order) and an "en masse" arrival in Stamford would be fun.

    Time for this idea to get it's own thread...
     
  12. classic308

    classic308 F1 Veteran

    Jan 9, 2004
    6,793
    Westchester, NY
    Full Name:
    Paul
    I assume this does not effect local police, i.e. town police.
     

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