Wearing Headphones while driving

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Phillip

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I am Canadian, and was stopped in a NY State Hwy, near the Canadian Border for wearing headphones while driving. The State Trooper issued me a ticket, and instructed me to mail in my plea. I was informed that if I plead guilty, I will then receive a judgement by Mail. He also informed me that the fine should be less then $100.00 with no demerit points.

I received the judgement by mail a few days ago and the fine was $150.00. The judgement included the Judge's E-mail address. I wrote the Judge an E-mail to ask why the fine was so high, and that perhaps there was a clerical error.

Below is the sarcastic E-mail reply that I received today from the Judge in response to my original E-mail question to him:

"Mr. ______ The court has reviewed your case and yes there was a clerical error there should be an additional State Mandatory Surcharge of $35.00 added to your present fine. The fine is $150.00 + $35.00 surcharge = $185.00 Total Fine Due."

The court also noticed that you were traveling on I-87, after speaking with the officer he stated that he stopped you for speeding but gave you a break by not writing you a speeding ticket. The speeding ticket would of been much more expensive than the ticket the officer issued you plus you would have received points aganist your license. Whereas the present charge carries No Points."

In view of the above, I have two questions;

1) Can someone in the know please CONFIRM the prescribed penalty amount in the state of NY for wearing headphones while driving (First offence) Status Number VTL 0375 24A

2) Is the Judge's E-mail notification to me concerning the additional $35.00 legally binding on me?

Thanks

P.B
 
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