The Staten Island Traffic Violation Bureau is widely known to be the worst TVB court in the system. There are essentially only two judges there and one, by the name of ALJ Brian Levine, decides most of the hearings. Due in large part to Levine, this court annually has the highest conviction rates and imposes the most license suspensions compared to the other Traffic Violations Bureau office. However, the depth of the despair is shown by a recent news story.
Levine recently found one motorist (possibly more) guilty of disobeying a traffic sign despite the fact that he knew or should have known that the sign was unofficial. The “fake” sign was smaller than valid signs and did not have the official DOT markings. It was located at the intersection of Arden and Woodrow and “prohibited” drivers from making a left-hand turn. Multiple drivers who disobeyed this sign were issued a 2-point ticket for allegedly violating VTL 1110a and no one knows how many of them have been improperly convicted.
After an investigation by a local politician, the Department of Transportation (DOT) determined that it was a fake and had it removed. To help the illegally charged motorists, the DOT issued a letter about the “fake” sign which stated on its letterhead: “A review of our records … does not indicate a left-turn restriction at this intersection.” This letter was presented to Levine but his sense of “fairness” guided him to find the motorist guilty anyway. Yes, he ignored an official letter from the DOT confirming that the sign was illegal! Unbelievable! This miscarraige of justice certainly highlights the unfairness of the TVB system.
NBC News asked about Levine’s ruling and these illegally issued tickets, and the Department of Motor Vehicles responded: “Under state law, if a person believes that he or she was improperly convicted, they may appeal within 30 days of the conviction to the DMV Appeals Board.” Really? That’s it? How about reprimanding Judge Levine for abdicating his responsibility? Better yet, how about removing him from ever deciding anyone’s case again? The callous and indifferent response is almost as outrageous as Levine’s snubbing his nose at the DOT letter.
Keep in mind that this is the same ALJ who was ordered to take anger management lessons due to improper outbursts during his hearings. And it is the same ALJ who was allegedly caught
speeding 70 in a 40 mph construction zone by Inside Edition. Yet the TVB continues to blithely allow him to decide the fate of motorists. Why does the agency continue to allow such an individual to decide cases rather than ensuring that motorists get fair hearings?
Any system that allows this type of individual to remain on the bench needs to be reformed. Suffolk County and the City of Buffalo have “seen the light” and recently scuttled their TVB systems. New York City needs to do the same PRONTO!
