In an unprecedented lawsuit, the Law Firm of Christopher J. Cassar, Esq., located at 13 East Carver Street, Huntington Village, New York 11743, phone number (631) 271-6596 has commenced a multi count federal class action lawsuit in the Eastern District of New York under Index Number 15-3097 against the Suffolk County Traffic Violations Bureau, alleging wide spread and systemic civil
rights violations against motorists whom are called before the court on charges of speeding and other vehicle and traffic moving and non-moving violations. The allegations are explosive, shocking, and troubling, and calls into question the core requirement of a court and judiciary, objectivity.
The lawsuit alleges violations of the 4th, 6th, 5th and 14th Amendment to the US Constitution. These constitutional provisions protect against unreasonable search and seizures, protect against double jeopardy in being tried twice for the same infraction, ensure a motorist’s right to counsel, and ensure that all motorists are afforded Due Process under the law.
The lawsuit further alleges violations of statutory rights guaranteed under 42 USC 1983, 1985 & 1988, prohibiting invidious discrimination under color of law and conspiracy to commit invidious discrimination. Lastly, the lawsuit continues to allege violations of the United States and New York State Constitutions in violating the Separation of Power’s Act.
Among the allegations, the lawsuit alleges that the court:
Illegally tried motorists in absentia, thereby denying motorists the right to be present at trial, confront witnesses, and the right to counsel.
Illegally sentenced motorists to prison in absentia, , thereby denying motorists the right to be present at sentencing, confront witnesses, assert a defense against incarceration, and the right to counsel.
Illegally had arrest warrants issued, as it is prohibited under NY State Law to issue an arrest warrant on a “simplified traffic information.”
Illegally depriving motorists of equal protection under the law by not allowing motorists who demand a supporting deposition an opportunity to plea bargain.
Racially discriminated against Latinos under color of law.
Re-tried and re-remanded to prison motorists more than once on the same infraction.
Failing to dismiss matters upon written motion despite the fact that the prosecution did not oppose and the court had no jurisdiction to hear the case.
Refusing to rule on motions to dismiss at all, even when the prosecutor did not oppose the motion and even when the motion to dismiss proved that the court had no jurisdiction to hear the case, and even upon record by counsel requesting that the court decide the motion.
Failing to dismiss cases, and continuing the cases before it, even when judges of the court conceded on the record that the court had no jurisdiction, or authority, to do so.
Allowing the prosecutors to control the court room, court calendar, and court proceedings.
Violating the NYS Constitution, Article XIII, Section 13, because the prosecutors are employees of the court, which is an illegal delegation of executive function to the judiciary.
Prosecutors and Judges coercing motorists into pleading guilty.
Conspiracy by the court, judges, prosecutors, and court administrators to violate motorists due process rights by engaging in ex parte communication.
Disparate treatment of motorists whom retained 1 lawyer in particular: to wit; that lawyer’s clients were not given time to pay fines unlike clients of other lawyers and unrepresented motorists whom were routinely given time to pay fines. It is alleged that the court named this policy “Larry’s Rule,” which is the first name of the lawyer whom the rule was enforced against.
If you think that you have been treated unfairly, discriminated against, or were the victim of the allegations levied herein against the Suffolk County Traffic Violations Bureau, immediately contact Law Firm of Christopher J. Cassar, Esq., located at 13 East Carver Street, Huntington Village, New York 11743, phone number (631) 271-6596.