Wrongly Convicted Database Record

 

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Madison Ann Bowman

 

Charge:

Driving Related infraction

Sentence:

"$50 fine, $30 admistrative fee & $25 late fee"

Years Imprisoned:

Year Crime:

2014

Year Convicted:

2016

Year Cleared:

2018

U.S. State or Country of Crime:

New York

County or Region of Crime:

Suffolk

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"Madison Ann Bowman was wrongly convicted on October 30, 2015 for a red-light camera violation on July 11, 2014 in Suffolk County, New York. The notice of liability for the violation by the car registered to Madison Bowman at an address in Las Vegas, Nevada was dated August 4, 2014. Bowman failed to appear and she was found guilty by Paul H. Senzer, J.H.O. in the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency. She was fined $50, plus an administrative fee of $30 and a late fee of $25. She hired a lawyer and filed a motion to vacate the default judgment based on arguments based upon a lack of personal jurisdiction: she contended that because resides in Nevada, the exercise of long-arm jurisdiction was not proper since she rarely visits New York, she does not conduct any business in NY, she does not own any property in NY, and she did not commit a tortious act within New York. Paul Senzer, J.H.O. denied her motion on February 23, 2016. She appealed. On December 13, 2018 the New York Supreme Court, Appellate Term, Second Dept vacated Bowman's conviction on the basis Suffolk County lacked jurisdiction. The Court's ruling stated: "the violation that occurred here cannot be considered a tortious act since there was no actual resulting damage or injury, such as a vehicular accident or collision, stemming from defendant's vehicle's running of the red light. Thus, the District Court could not have exercised personal jurisdiction over defendant under UDCA 404 (a) (2)." The Court also noted that even if she had committed a tortious act, Suffolk County lacked jurisdiction to prosecute her because she was wasn't served by the Secretary of State, as the state requires of non-New York residents. (People v Bowman (Madison), 2018 NY Slip Op 28406 (NY Supreme Court, Appellate Term, Second Dept, Dec. 13, 2018))"

Conviction Caused By:

Lack of jurisdiction by the trial court.

Innocence Proved By:

"On December 13, 2018 the New York Supreme Court, Appellate Term, Second Dept vacated Bowman's conviction on the basis Suffolk County lacked jurisdiction. The Court's ruling stated: "the violation that occurred here cannot be considered a tortious act since there was no actual resulting damage or injury, such as a vehicular accident or collision, stemming from defendant's vehicle's running of the red light. Thus, the District Court could not have exercised personal jurisdiction over defendant under UDCA 404 (a) (2)." The Court also noted that even if she had committed a tortious act, Suffolk County lacked jurisdiction to prosecute her because she was wasn't served by the Secretary of State, as the state requires of non-New York residents. (People v Bowman (Madison), 2018 NY Slip Op 28406 (NY Supreme Court, Appellate Term, Second Dept, Dec. 13, 2018))"

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Female

Skin/Ethnicity:

White

Information Source 1:

"People v Bowman (Madison), 2018 NY Slip Op 28406 (NY Supreme Court, Appellate Term, Second Dept, Dec. 13, 2018) (Conviction reversed and dismissal of charge ordered base on lack of jurisdiction.)"

Information Location 1:

http://www.nycourts.gov/reporter/3dseries/2018/2018_28406.htm

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