Wheeling, dealing and pleading When tickets for speeding are reduced, drivers win but state loses revenue Times Union Copyright 2012 Times Union. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. By Kenneth C. Crowe II Published 09:37 p.m., Saturday, June 23, 2012
COLONIE — The State Police radar clocked the gray sedan at 85 mph on the Northway, 30 miles over the limit on this particular stretch.
"No matter where we write a ticket, we're going to cause some deterrence," Trooper Dan Borecki said. And, indeed, other drivers slowed down when they spotted his unmarked SUV.
The ticket issued to the driver of the Nissan Altima did something else. It created a local court case, one of two million a year in New York.
Many of those ticketed check off "guilty," mail in the ticket and pay whatever they're told in a follow-up letter from the court. What most people don't realize is that they can usually easily arrange to plead guilty to a lesser offense.
If the paper ticket is mailed back checked "not guilty," the driver receives a court date. And if he or his lawyer shows up in court and agrees to plead guilty to a reduced charge — a parking ticket — he can pay a fine on the spot.
The deal also has several other benefits. The community keeps the money and avoids the cost of a trial; and the drivers are generally happy to head home with no penalty points on their licenses, which avoids a hike in their auto insurance rates.
The state, however, loses a large slice of the revenue pie because the plea bargain eliminates the state's fine and surcharge. Most speeding tickets are reduced, according to the state comptroller's office. Its 2010 report on justice court revenues said 52 percent of the tickets are pleaded out.
Last year, of the $243.8 million collected by 1,239 town and village courts, 90 percent was from infractions under the state Vehicle and Traffic Law. In 2011, the municipalities kept $121.4 million, just under half of the total taken in. How much each locality keeps is based on how it resolves its cases. Greenburgh in Westchester County holds on to a whopping 71 percent. Colonie keeps 42.7 percent.
In terms of revenue, Colonie ranked fourth statewide with $2.6 million, not far behind No. 1 Greenburgh, which raked in $2.8 million. A dozen other Capital Region towns placed in the top 100. All contain major highways.
"We have three police departments. We have the roads. We have volume," Colonie Presiding Town Justice Peter Crummey said. On Monday nights, his court is packed with people hoping to reduce their tickets.
The town's share of the fines comes to $1.12 million. It costs about $726,000 to operate Town Court, which gives the town a $400,000 surplus.
"The taxpayers don't pay a dime to run the courts," said Crummey, who with fellow elected justices Andrew Sommers and Norman Massry tries 18,000 V&T cases a year. The typical parking fine is $150.
For out-of-towners, especially, coming to court can be an inconvenience.
"I deal with people out of the area who don't want to drive two hours. You get the ski tickets, but it's busiest in the summer," said David M. Cooper, a lawyer who lives in Selkirk and represented clients from Florida and the Bronx in Taghkanic Town Court on a recent Thursday night. Colonie and Bethlehem were on his calendar for the following Monday.
As their part of the local costs, Rotterdam gets approximately $343.499.76, Colonie gets $1,116,880.37.
Colonie is 2 to 2 1/2 times the size of Rotterdam. Giving 2 1/2 times, if they did the same work Rotterdam did, they should have got $858,749.40. Obviously, they're doing a better job... by 30%.
As their part of the local costs, Rotterdam gets approximately $343.499.76, Colonie gets $1,116,880.37.
Colonie is 2 to 2 1/2 times the size of Rotterdam. Giving 2 1/2 times, if they did the same work Rotterdam did, they should have got $858,749.40. Obviously, they're doing a better job... by 30%.
The percentage kept is determined by who can get the highest percentage of people to plea down tickets.
This isn't a money making deal.
I was in Troy for a ticket once and the Judge made a statement to everyone to come before him and plea not guilty, then go to the hall, meet with the ADA and return for the plea agreement. One person walked up and said guilty. The Judge was furious that the person defied him.
How much does each locality actually spend on speed enforcement yearly? Not just the cost of hours worked, the benefits need to be included as well.
This must be subtracted from the net court fines share that each locality receives.
Why bother with the entire charade? Write a ticket with the plea bargain offer on it and there will be no court costs.
Please enclose your $150. and check the box to accept the plea deal for parking on the highway.
Localities then keep it all.
If 300 people mailed in their money ($150) the locality would get $45,000.00 by doing nothing.
If your locality issued 300 tickets a day, for a year that would bring in 16.4 million dollars.
That would actually pay the police salaries used to generate it, plus generate a profit.
Ten cops, 30 tickets per day each = 16.4 million dollars.
What's the yearly salary of 10 cops? Let's be generous and say each cop gets $75,000 per year.
That's only $750,000 for 10 of them.
The other 15 million would finance the entire department.
The percentage kept is determined by who can get the highest percentage of people to plea down tickets.
This isn't a money making deal.
I was in Troy for a ticket once and the Judge made a statement to everyone to come before him and plea not guilty, then go to the hall, meet with the ADA and return for the plea agreement. One person walked up and said guilty. The Judge was furious that the person defied him.
How much does each locality actually spend on speed enforcement yearly? Not just the cost of hours worked, the benefits need to be included as well.
This must be subtracted from the net court fines share that each locality receives.
Why bother with the entire charade? Write a ticket with the plea bargain offer on it and there will be no court costs.
Please enclose your $150. and check the box to accept the plea deal for parking on the highway.
Localities then keep it all.
If 300 people mailed in their money ($150) the locality would get $45,000.00 by doing nothing.
If your locality issued 300 tickets a day, for a year that would bring in 16.4 million dollars.
That would actually pay the police salaries used to generate it, plus generate a profit.
Ten cops, 30 tickets per day each = 16.4 million dollars.
What's the yearly salary of 10 cops? Let's be generous and say each cop gets $75,000 per year.
That's only $750,000 for 10 of them.
The other 15 million would finance the entire department.
My point exactly. The more they do their job and actually enforce the law, the more the town will bring in and relieve the taxpayers. I'd love to know what the fines are that are issued.
My point exactly. The more they do their job and actually enforce the law, the more the town will bring in and relieve the taxpayers. I'd love to know what the fines are that are issued.
In Troy about 5 years ago I watched hundreds of people pay $150 each.
People tell me it is still about the same today.
Using the $150 average per ticket figure, Colonie only issues 47 tickets per day.
Rotterdam then would be issuing only 15 tickets per day.
15 tickets per day, $150 average per ticket, 365 days a year should bring in $821,000.
I can't imagine that only 15 tickets are written per day. That seems way too low.
I can't imagine that only 15 tickets are written per day. That seems way too low.
You haven't been watching. I would be surprised if 5 tickets are written per day, 10 on a good day. They spend more time in their cars, pulled up side by side, chit chatting with each other.
You haven't been watching. I would be surprised if 5 tickets are written per day, 10 on a good day. They spend more time in their cars, pulled up side by side, chit chatting with each other.
They really should have a car on I890 round the clock if 15 tickets a day is worth over $800,000.00
They really should have a car on I890 round the clock if 15 tickets a day is worth over $800,000.00
Put one each direction on the Thruway as well.
Also, on school days, they have plenty of school zones they could watch, along with watching the kids that are actually driving to/from school who feel as though the road just outside school campuses are actually speed strips. With the times that they are sitting places, reduce the amount of leeway you give. Instead of a 10 MPH leeway, make it 5, and you'll get plenty of customers.
I'm not saying they shouldn't issue tickets....I'm saying is it worth it when the judges do what they want, as they should, but being more like a daddy than a consequence?
across from the parole office downtown is a nice giant poster touting SCCC certified nurses aide program with free uniforms and free transportation.
...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......
The replacement of morality and conscience with law produces a deadly paradox.
STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS
I'm not saying they shouldn't issue tickets....I'm saying is it worth it when the judges do what they want, as they should, but being more like a daddy than a consequence?
Nearly all speeding tickets result in revenue. Is it worth it?
If it helps pay the costs of the police it is worth it.
All we are advocating is operating more efficiently. Police spend tons of money on other operations that they feel are important. Asking them to spend more time actually earning revenue to pay for their own projects is what any business would do. Being a non-profit doesn't mean ignoring the available self funding sources, relying solely on the already overburdened taxpayers.
Cutting the costs of government services and government spending is not some kind of zany liberal idea. It is a common sense approach to a massive financial issue that the police and the localities fight over every year.
Combining the income stream growth with the increased presence of police monitoring your speed, will result in both residents being safer, and paying less to operate the government services.
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