In 2004, New York State’s DMV started imposing a Driver Responsibility Assessment Fee upon motorists who accumulate 6 or more points within 18 months. The fee is $300 for 6 points and $75 for each point above 6.
This year the Nassau County Traffic & Parking Violations Agency, located at 16 Cooper Street in Hempstead, decided to follow suit and impose its own Driver Responsibility Fee. This fee, however, is imposed on every traffic ticket resolved in this court. Whether it is guilty after trial, a plea bargained reduction, or even a dismissal for a repair or producing proof, the Nassau County traffic court imposes this fee. The only way to avoid this fee is if you take your case to trial and are successful.
Fortunately, the fee is only $15 per ticket. Nevertheless, the legality of charging such a fee is questionable. The court is already collecting a fine and surcharge so what is the basis for it to impose an additional fee? Hopefully, someone will challenge it soon.
The Nassau County Traffic Court is very creative when it comes to creating fees. It has another unique fee. Specifically, it charges motorists $15 per ticket if they ask for time to pay. Again, the fee is so small that no one has yet challenged it.
Bottom line: If you have a ticket in this Nassau County Traffic Court, don’t expect to get off cheap.
12 Comments. Leave new
I got a ticket for expired registration when my registration wasnt even expired – the officer giving the ticket was blatantly wrong. So I sent in a photocopy of my valid registration and received a letter back saying that I needed to pay $30 for them to dismiss the ticket. Its a “Driver Responsibility Fee”.
So let me get this straight – a cop could give tickets out for literally no reason, and then when you show that you are completely innocent, you get charged for that?
What am I missing? This sounds insane…
Opee,
You’re 100% right. The Nassau County Traffic & Parking Violations Bureau is the only court in the state that charges this fee.
Matthew Weiss
Thank you. I know why no one files an article 78 prohibition petition because it’s $200 to fight 30-60. But it’s amazing they get away with such a blatant due process violation
Evan,
Yes, Article 78 proceedings are expensive and require a fair amount of work.
Matthew Weiss
Has anyone tried to fight this fee yet that you know of?
i have 2 tickets, one is no insurance, that I have proof of insurance but could not locate the card when I got pulled over (it fell behind the glove box into the dash)
Would I have to pay it then appeal that fee?
Evan,
You have to pay that fee when it’s billed. An appeal does not delay the due date for this fee.
I am not aware of any challenges to the Driver Assessment Fee (although there could be some out there).
Matthew Weiss
I recently received a ticket for a seat belt violation on a state freeway that passes through Nassau County. For this violation, the New York State-mandated fine is fifty dollars, the Nassau County surcharge is eighty dollars, and the Nassau County “driver responsibility fee” is thirty dollars, for a total of $160. Nassau County’s fees effectively tripled my ticket amount.
I have written to my State Representative proposing that the New York Vehicle and Traffic Code be amended to prohibit municipalities from collecting charges that exceed the amount of the traffic ticket. If the fine is fifty dollars, then the surcharge should not exceed fifty dollars.
I have also asked my Representative to point me to the statutory authority for the Nassau County “driver responsibility fee”, as I also question its legality.
I doubt that I shall receive satisfactory answers, but it’s worth a try, I suppose.
Rob T.,
This is an issue that I have thought about many times, especially since this is the only court in New York that charges such a fee. I just haven’t gotten around to doing the research. When I do, I will surely let you know.
Matthew Weiss
I see. Any pointers on where I can start research in the meantime?
Evgeny Krasnov,
Start with New York’s Vehicle and Traffic law.
Good luck and let me know what you discern.
Matthew Weiss
I was slapped with this fee (now $30) for a ticket I got for driving with my light out. I fixed it within 24 hours, and they said they’ll dismiss it if I pay the fee. If I don’t, they’ll schedule trial.
I asked for statutory authority for levying this fee, but am yet to find it. I would like to challenge it, but I’m not sure on what grounds. Do you have any ideas since, as you say, “the legality of charging such a fee is questionable”?
Thanks!
Evgeny Krasnov,
I have not done the research to answer this question. If and when I have an answer, I will post something.
Matthew Weiss