A Staten Island resident says judges ruled in his favor to reverse two speeding tickets because he argued that the city is not following the law in the way it is issuing the violations. NY1's Lisa Voyticki explains.
Christopher Altieri says the city is leaving out an important piece of information when issuing speed camera violations, proof that the cameras are actually working properly.
"You have a right to know who's accusing you of this violation," says Altieri, who fought two tickets that friends received on the Island. One ticket was from a camera at Goethals Road North and Jules Drive, and the other was from a camera at Hylan Boulevard and Fingerboard Road.
When motorists receive the $50 fine in the mail, it doesn't come with proof the camera was in working order that day. But the law says the ticket shall contain the 'certificate charging the liability.' Altieri made the argument in court, and that's when the judge then showed him the certificate..
"She said 'we have it right here on our screen,'" said Altieri. "And I requested an adjournment and a copy of the information she had on the screen and she denied my request."
Instead, he appealed with the Department of Finance. The three-judge panel dismissed both tickets.
NY1 asked Great Kills attorney John Bosco if anyone whose received the summonses from one of the city's 140 speed cameras could make the same argument.
"It says it right in the body of the statute, it says among all the information that has to be provided the certificate also has to be provided too with the notice of violation," said Bosco. "If the certificate of the technician is not provided with the notice of liability, yes I think that it's defective."
A spokesperson for the Department of Transportation says "The certification is available upon request. Administrative Law Judges and vehicle owners also have access to the certifications at the adjudication hearings."
The DOT says that 'each day the cameras must pass a self-test of its functions before they are able to be used in a school speed zone.'
Still, the results of those tests are not being issued with the violations.