Name: New York DMV Sued Over 'Speakerphone Justice'
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New York DMV Sued Over 'Speakerphone Justice'

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SHARENEW YORK CITY —&nbsp; A controversial coronavirus policy that allowed cops to phone in their testimony to Department of Motor Vehicles courtrooms has been challenged by a new lawsuit from outraged trial lawyers.&nbsp;The Association of Motor Vehicle Trial Attorneys filed last week a lawsuit demanding the state’s DMV halt a novel coronavirus safety precaution the attorneys say is making millions at the expense of their clients’ constitutional rights.&nbsp;“They said they’re doing it for safety reasons,” said AMVTA president and attorney Matthew Weiss. “We’re saying be safe, but you can’t dispense with fairness.”&nbsp;The Traffic Violations Bureau for weeks has been allowing police officers to submit testimony via telephone while ticketed drivers must appear in court to dispute the claim, last month.&nbsp;The DMV did not immediately respond to NY1's request for comment, but in August explained the policy was put in place to prevent the spread of COVID-19 by limiting contact with officers who had, at one time, a higher rate of spread.&nbsp;"For everyone's safety, neither law enforcement nor motorists are required to appear in person," a DMV spokesperson said."If an officer fails to appear by phone or provide sufficient evidence to sustain the charge against the motorist, cases are dismissed just as they always have been."AMVTA, a nonprofit association of about 50 traffic court lawyers, estimates thousands of tele-hearings, during which cops act both as prosecutor and sole witness, have resulted in guilty verdicts.&nbsp;&nbsp;Weiss estimates the DMV could earn roughly $21 million from about 326,000 tickets issued in New York during the first six months of 2020, with an average of two-thirds receiving, a guilty verdict and $100 fine.&nbsp;TVB courts are contained within the DMV, which pays the salaries of judges who rule on drivers’ guilt, Weiss said.&nbsp;“I often describe it as the fox guarding the hen coop,” Weiss said. “They’ve created an name that sounds independent, but it’s a DMV judge deciding whether the DMV gets your money.”&nbsp;The complaint details dozens of hearings during which attorneys struggled to hear cops’ testimony over poor connections, the police officers read off fill-in-the-blank “cheat sheets” provided by their precincts and TBV judges coaching cops before rendering a guilty verdict.&nbsp;Driver Miguel Caballero arrived in TBV with video which he hoped would convince the cop he hadn’t made an illegal turn, he said in the complaint.&nbsp;According to the complaint, the judge reviewed notes Caballero was not allowed to see then found guilty.&nbsp;“I wanted the cop to look at the video,” Caballero said. “But he couldn’t because he wasn’t there.”&nbsp;The lawsuit, filed in Albany Supreme Court, comes weeks after the AMVTA requested the DMV stop relying on telephonic hearings, said Weiss. The group received no reply, he said.&nbsp;While the attorney believes his case is strong,&nbsp; Weiss believes the policy won't be abolished anytime soon.&nbsp;“I don’t know how they’re successfully going to oppose it considering their violating their own rules,” Weiss said. “But their plan is to go full speed ahead with the speaker phone justice.”&nbsp;

SHARENEW YORK CITY —&nbsp; A controversial coronavirus policy that allowed cops to phone in their testimony to Department of Motor Vehicles courtrooms has been challenged by a new lawsuit from outraged trial lawyers.&nbsp;The Association of Motor Vehicle Trial Attorneys filed last week a lawsuit demanding the state’s DMV halt a novel coronavirus safety precaution the attorneys say is making millions at the expense of their clients’ constitutional rights.&nbsp;“They said they’re doing it for safety reasons,” said AMVTA president and attorney Matthew Weiss. “We’re saying be safe, but you...

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Kathleen Culliton

Spectrum News 1 is a 24-hour local news channel exclusively available to Spectrum customers in North Carolina.

New York DMV Sued Over 'Speakerphone Justice'

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