Red light camera ticket refunds: Why Nassau isn't following Suffolk in paying back illegal fees

Suffolk County reached a settlement last week to repay drivers for $30 illegal fees it attached to each $50 red light camera ticket between 2013 and 2023. But there’s no sign yet that Nassau County will repay drivers for the $100 it tacked onto its tickets.

Instead, the county has argued that drivers made the payment "voluntarily."

Two years ago, a state appeals court ruled the extra fees were illegal in both counties because state law capped the cost at $50 per red light camera ticket, plus a late fee of $25.

Suffolk’s settlement may pay drivers up to $45 million total, depending on how many drivers file claims, plus $12.5 million to the plaintiffs’ lawyers.

While Nassau continues to fight against reimbursing drivers, it stopped charging the extra fees after the appeals court’s 2024 ruling.

What’s the status of Nassau’s case?

Since it was first filed in 2016, Nassau’s case has bounced several times between a court in Nassau and an appeals court in Brooklyn. The higher court has repeatedly disagreed with the lower court’s rulings that sided with the county.

Nassau’s legal team argues that while the fees may have been illegal, the county should not have to repay them because drivers paid "voluntarily."

Nassau Supreme Court Justice Thomas Rademaker agreed last year, noting the plaintiff in the case did not file a written protest when he paid the fee. He also wrote that paying the fee was not "necessary to avoid threatened interference with present liberty of person or immediate possession of property." Unlike the judge in Suffolk, Rademaker has not granted class-action status to include all drivers who paid the fees as plaintiffs.

The case is currently on appeal once again. David Raimondo, one of the plaintiff's lawyers in Nassau who also represented drivers in Suffolk, told Newsday the payments were hardly "voluntary," given drivers faced potential penalties like having their cars booted and towed. Because the appeals court is one of the busiest in the state, the case could drag on for months or years.

Raimondo said Nassau County Executive Bruce Blakeman should follow Suffolk’s example and do "the right thing by his constituents [by] paying back money that never belonged to the county to begin with."

Blakeman spokesperson Christopher Boyle, in a statement, said: "We're still reviewing Suffolk County's policy."

How much did Nassau collect in red light camera fees?

Suffolk County collected about $91 million in illegal fees over a decade, according to documents Newsday obtained through a public records request. But it’s difficult to know for sure how much Nassau County collected because it has delayed responding to similar records requests for over a year.

County budget documents show that between 2013 and 2024, the county took in over $216 million under the line item "RLC administrative fees." But it is unclear if that includes all of the fee revenue from the red light camera tickets.

Nassau began charging $15 in extra fees in 2010, which increased to $30 in 2012, $45 in 2015 and — ultimately — $100 in 2017, on top of the $50 base fine, according to court filings.

Are there other ways Nassau drivers could get their money back?

The county legislature could enact legislation to reimburse drivers.

When Nassau Democrats tried to do so in December 2024, Presiding Officer Howard Kopel (R-Lawrence) quashed the measure, and Blakeman spokesperson Boyle stated, "What happened in the past is in the past."

"The Democrats know reimbursements of past fees would destroy the fiscal stability of the county," Kopel said at the time.

What are the terms of Suffolk’s settlement?

Suffolk has agreed to pay drivers up to $36 per ticket — $30 for the administrative fee plus $6 interest. It collected about $91 million in fees, but because its total liability is capped at $45 million, each driver could receive less than $36 if all eligible claimants apply.

Drivers will not be repaid automatically, but will have to file claims by returning forms mailed to them or by filling out an online form. If less than $45 million in claims are submitted, the county will keep the remainder. 

A private contractor will mail drivers who paid the camera tickets and conduct a social media campaign to inform drivers about their eligibility. It will cross-reference the names of those who submit claims with a list of drivers who paid the fees.

Suffolk County Supreme Court Justice David T. Reilly will need to sign off on the deal for it to become final, after a "fairness hearing" open to all eligible drivers.

By Peter Gill

peter.gill@newsday.com