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
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
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?
Re: Caltrain Fare Evasion Charge, PC 640(C)(1)
Quote:
Quoting
raywhelan01
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.