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Caltrain Fare Evasion Charge, PC 640(C)(1)

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  • 08-12-2014, 10:48 AM
    raywhelan01
    Caltrain Fare Evasion Charge, PC 640(C)(1)
    My question involves criminal law for the state of: California

    Hello,

    Over the summer I have been taking CalTrain somewhat regularly for my commute. Just last Thursday, I decided to buy a Clipper Card, with an 8 ride CalTrain pass. Today I tried to use it for the first time. I tagged on at the station, got on the train, and several stops later the conductor comes by to check my ticket. I show him my card, which he scans to find a message that I have insufficient funds. I tell him I had just bought the card, and paid for my 8 ride pass. He can see on his scanner that I have 8 rides remaining, but he informs me that on top of the 8 ride pass, I must have a $1.25 balance for the pass to be valid. Never was I informed of this when I originally purchased the pass at a Walgreens, which is an authorized vendor for Clipper cards. The conductor had none of it, told me to tell it to the judge, and proceeded to write me a citation any way for Fare Evasion under CA 640(c)(1) PC. I have my "defendant's copy" of the citation, but he left blank the section detailing when/where to appear in court, and informed me to expect something in the mail. I have no clue either how much this will cost me.

    The relevant passage from the California Penal Code:

    (c) (1) Evasion of the payment of a fare of the system. For
    purposes of this section, fare evasion includes entering an enclosed
    area of a public transit facility beyond posted signs prohibiting
    entrance without obtaining valid fare, in addition to entering a
    transit vehicle without valid fare.


    My questions are now:
    1) What exactly am I expecting to arrive in the mail and how long should it take to arrive? Can I do anything ahead of this to address the situation?
    2) If I get called to court, what are my options and is it likely that I can have the citation voided given my circumstances?

    Thank you
  • 08-12-2014, 11:52 AM
    Disagreeable
    Re: Caltrain Fare Evasion Charge, PC 640(C)(1)
    I am not specifically clear on Clipper Card usage, however, it appears you were legal or at least have compelling arguments. I would plead not guilty and go to a hearing. 1st you had the value on the card to cover your trip. 2nd, if you refer to this link # 3.4 , it says if you are deficient in payment on your current ride you may complete it but must make up the deficiency before your next ride. I hope this helps.

    https://www.clippercard.com/ClipperWeb/agreement.do
  • 08-12-2014, 03:04 PM
    raywhelan01
    Re: Caltrain Fare Evasion Charge, PC 640(C)(1)
    Yes it does, thank you very much. I added the necessary value to my card so it should work now. Should I proactively reach out to the court or do I just wait for something to arrive in the mail at this point?
  • 08-12-2014, 03:56 PM
    adjusterjack
    Re: Caltrain Fare Evasion Charge, PC 640(C)(1)
    Quote:

    Quoting raywhelan01
    View Post
    Yes it does, thank you very much. I added the necessary value to my card so it should work now. Should I proactively reach out to the court or do I just wait for something to arrive in the mail at this point?

    You might be able to check the court online to see what's happening.
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