BUFFALO, N.Y. — NYS Assemblyman Patrick Burke (D-142nd District) says there is a lot of misinformation circulating surrounding his latest bill, the Traffic Ticket Relief Act, which he says would help those who are strapped for cash.
According to a press release from his office the bill seeks to “alleviate the financial burden of traffic tickets by reducing fines or offering installments based on one's ability to pay."
During an interview with 2 On Your Side, Burke said the bill does not seek to automatically absolve lower income motorists from their obligation of paying tickets, nor does it represent an unfair law by making the punishment for tickets different based on the income of the offender, as critics claim.
The Problem, According To Burke
“Right now if you don't have the ability to pay your ticket you are screwed," said Burke. “You get more fees just because you can’t pay the initial fine, and then you’ll get more fees on top of that as time goes by, and then you get your license taken away all because of a parking ticket."
Currently, Burke’s proposed law only contains language regarding parking tickets, although he would like to see it evolve through the legislative process to include a break for certain motorists ticketed for moving violations as well.
The bill, if passed, would essentially grant hearing officers statewide some authority they currently don’t have; to reduce or eliminate fines, or work out an installment plan for those who are unable to pay all at once.
“It gives flexibility so that a hearing judge can give people the flexibility they may need to pay their fine. Right now they (hearing officers) can’t do that,” he said.
Burke added that those seeking such relief the would have to prove their dire economic circumstances before receiving it.
Is This Fair to All Motorists?
Burke rejects the notion that it would be unfair because someone of lesser means could face a lesser fine for committing the same offense as someone who is not poor.
“First of all, one can pay and one cannot,” said Burke. “And this isn’t simply a proposal to let poor folks skate on tickets. This is based on one’s ability to pay…and it doesn’t set an income bracket for that.”
Burke says that is an important distinction to note, because it means even those who aren’t impoverished (and indeed have the means to own a car in the first place) would still be given consideration for any current circumstance which might make even a traffic fine a financial back breaker.
“Maybe someone who just lost a job, went through a divorce, or a death of a spouse who didn’t have life insurance,” Burke said.
When it was suggested that someone who has a car probably has enough money to pay a ticket, Burke insisted that is not always the case.
Using himself as an example, Burke recalled his impoverished childhood where his mother, who could not afford to buy a car, was given a junker by a close friend.
“It sounded like it was going to explode going down the road,” he said.
But despite having the car Burke indicated that, had she faced a fine for a ticket, his mother would not have been able to pay….and therefore likely would have lost it.
“A parking ticket should not ruin your life,” he said.
How About… Obey the Law and Don’t Get a Ticket?
When it was suggested that those, for whom even a single traffic ticket could present an economic hardship, could avoid one by simply obeying the law, Burke replied, “every person has had some sort of minor traffic violation in their life…and I’m not saying people shouldn't be punished and we shouldn't uphold our rules, but a violation is a very different thing from a crime, and something that shouldn’t be so draconian as to ruin their life.”
He also rejects the notion that if paying a fine is a disincentive to breaking the law, that eliminating that disincentive will just lead certain people do what they like and park where they will on area streets, roads, and highways.
Where Could This Lead?
If one should be freed from an economic consequence of their actions by virtue of their economic status, it could be noted that there are economic consequences for a moving violation beyond any fine...such as points on your license or higher insurance rates.
However, when asked if he would then proffer legislation directing the DMV not to assess points on the licenses of those down on their luck, or to bar insurance companies from raising their rates when they get a ticket, Burke said, “we’re not there yet”, describing his current bill as a “work in progress.”