Gov.blocks NYSP from bargaining speed tickets

[Guest]

Sorry, don't agree w/the Gov. Leave the system as is, the trooper should have some discretion at the scene.

Trooper-brokered deals on speeding tickets to end

By JAY GALLAGHER

ALBANY BUREAU

(Original Publication: September 15, 2006)

ALBANY — Gov. George Pataki yesterday used his veto pen to end the practice of state troopers plea-bargaining speeding tickets with motorists.

One district attorney predicted "a big mess" as a result.

Pataki overturned a bill passed by the Legislature that would have blocked the implementation of new rules state police adopted in last spring to end plea bargaining.

In his veto message, Pataki said, "The responsibility for prosecuting crimes, including (speeding) crimes, has always been a responsibility of local district attorneys," and should remain that way.

But Rockland County District Attorney Michael Bongiorno, who also is president of the state District Attorneys Association, said the result could be a "big mess."

Bongiorno, who said he was speaking personally and not for the association, said his office will have to handle an additional 15,000 cases a year as a result of the change, and he has asked for $250,000 more from the county to pay for three new assistant district attorneys and an administrative assistant to help handle the extra load.

"Right now, we're just not geared to be doing this," he said.

The head of the state Association of Towns yesterday also criticized Pataki's veto.

"This is going to have a financial impact on the towns in New York state," said Jeffrey Haber, the organization's executive director. "The towns are going to have to provide prosecutors and the cost of that has to be met."

Troopers wrote 873,000 traffic tickets last year, 354,000 of which were for speeding, according to the state police. That's 43 percent of all speeding tickets written in the state.

But the old system had serious problems, a lawyer for the state police said in a letter to district attorneys in March.

"We believe there is an inherent outward appearance of unfairness and duress when a motorist is forced to plea-bargain his or her case with the arresting officer, the very same officer who stands as his or her accuser and is also the primary prosecution witness," wrote the lawyer, Glenn Valle.

Drivers typically have used the current system to avoid getting "points" on their licenses, which can result in loss of driving privileges and higher insurance rates. Prosecutors use the system to move cases quickly through the courts.

The process also has been a source of overtime pay for state troopers.

The system took effect on Sept. 1, and results have been mixed, said Matthew Weiss, a Manhattan lawyer who works on traffic cases in the Lower Hudson Valley.

"Some courts have adopted very nicely, and hired prosecutors," he said.

"But in some towns cases are getting dismissed and some courts have punted by rescheduling. ... There's a learning curve here."

There was no immediate word on whether the Legislature, which passed the bill overwhelmingly, will try to override Pataki's veto.

Edited September 15, 2006 by hoss

[210 91]

Hoss, is the plea bargining done at the scene or in court? I think if a trooper wants to write a lesser offense ticket on the scene he can if one exists but must bargain in court. Well not anymore I guess.

[OnTheWheel 43]

Hoss, is the plea bargining done at the scene or in court?  I think if a trooper wants to write a lesser offense ticket on the scene he can if one exists but must bargain in court.  Well not anymore I guess.

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This applies to the court process. The trooper acts as the prosecutor and offers "pleas" to lesser offenses, this disposes of tickets in a timely fashion and doesnt tie up the court with trials. Normally local prosecutors or ADAs do it but historically Troopers have done their own, as do some local departments. But I guess no more! It does unecessarily tie up Troopers in court though.

[Guest]

210, I stand corrected. Re-reading the article, it refers to plea bargaining in court, involving the trooper. Now, I have mixed feelings. I suppose it could be intimidating to many to be bargaining directly with the trooper.

Tough one, on one hand higher municipal costs on top of already high taxes, on the other, troopers away from the roads in courts+overtime. I would still leave it as is. Moot point, unless the Legislature now overturns Pataki's veto.

[Eagle24 2]

a 9 am court appearance, with the previous "quick" system got you out of the courthouse around 12...Next time I get a speeding ticket I guess I'll bring a sleeping bag. . .

[helicopper 1,050]

a 9 am court appearance, with the previous "quick" system got you out of the courthouse around 12...Next time I get a speeding ticket I guess I'll bring a sleeping bag. . .

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And from a friend of mine in the State Police, they are being VERY CLOSELY monitored for compliance with this directive! There is no "hey, I'm a (choose one FF, EMT, doctor, lawyer, indian chief) can you help me out?"

When asked how long this was likely to last, the answer was FOREVER (It is important to recognize that "forever" in political terms could be next January).

If you get stopped, be polite and repentant (even if you don't mean it), and hope you don't get written - once it's on paper IT IS DONE!

And yes, the local courts are going to be seriously backed up by this. They would put dozens of tickets on the calendar every hour of the court day and maybe 10% would go to trial... Now that it will be 100%, there are going to be long delays.

[Guest WolfEMT]

a 9 am court appearance, with the previous "quick" system got you out of the courthouse around 12...Next time I get a speeding ticket I guess I'll bring a sleeping bag. . .

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Well, if you don't speed or commit any other traffic infractions, then you won't have to unpack that bag...

[27east 19]

And from a friend of mine in the State Police, they are being VERY CLOSELY monitored for compliance with this directive!  There is no "hey, I'm a (choose one FF, EMT, doctor, lawyer, indian chief) can you help me out?"

When asked how long this was likely to last, the answer was FOREVER (It is important to recognize that "forever" in political terms could be next January).

If you get stopped, be polite and repentant (even if you don't mean it), and hope you don't get written - once it's on paper IT IS DONE!  

And yes, the local courts are going to be seriously backed up by this.  They would put dozens of tickets on the calendar every hour of the court day and maybe 10% would go to trial...  Now that it will be 100%, there are going to be long delays.

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Some local judges will begin to throw out the tickets for the smallest things. That does not look good either.

This will have terrible consequences for the smaller upstate towns who have alot of nice, straight state roads to speed on. They cannot afford to hire prosecutors.

The GOP could loose the state Senate (Dems already have the Assemby.) And Gov. Spitzer takes office in January. So anything is possible.

Edited September 15, 2006 by 23piraf

[Fire24 1]

Plea bargaining will still take place, it just won't be done by the Troopers. Instead a prosecutor, either locally hired by the municipality or via the DA's office, will handle the matter. Just like plea bargains are able to be handled on criminal matters, a ticket can have the same result. Your driving history will come into play and, if you have an extensive one, you won't see the ticket reduced as much. Court will definitely take longer though so be prepared!

[ny10570 745]

In one court I know of, this is working out very well for the mototists. The prosecutor will be gathering all of the offenders for each type of violation together. Depending on how buisy the court is the lowest offenses are going to be sent packing, with automatic plea delas accross the board to entice people to sign now and walk away. They are going to try and keep their case load close to what it was before unless the state approves more prosecutors.