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  1. #1
    Join Date
    Nov 2010
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    12

    Default Cited for Fare Evasion

    ok, so i got a ticket for fare evasion and have to show up in court on friday.

    basically i got to the station and saw the train through the doors waiting there, so in a hurry i went through forgetting to swipe my pass. on that day they were shutting down the line early and that was the last train going to my destination. i ran to the train to make sure i caught it. a minute after getting on 3 or 4 officers came on board and told me to get off. i got off and told them the situation explaining it was an honest mistake and that was the last train on that line. i showed my valid pass (all day) to one of the officers and he saw it was valid and time stamped. the other officer didnt care and proceeded to write the ticket.

    my question is what will i be asked in court? i plan on explaining what happened to the judge and showing my pass which was valid and proves i already paid my fare. i have no criminal record and have never been cited for fare evasion before. do i plead guilty/no contest? i do NOT want to pay a fine but i dont want to have to go to trial over something trivial.

    also, they do not have my correct address. the address on the ticket is wrong but i didnt say anything.

    the stupid thing i did was sign the ticket. if i did not sign the ticket would i be liable to show up in court even or pay the fine?

  2. #2
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Cited for Fare Evasion

    Laws vary by state. What state was this in? And, what code section were you cited for?

  3. #3
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    Nov 2010
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    12

    Default Re: Cited for Fare Evasion

    Quote Quoting cdwjava
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    Laws vary by state. What state was this in? And, what code section were you cited for?
    ohio

    code section 623.05 (A)

  4. #4
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    Sep 2005
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    California
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    Default Re: Cited for Fare Evasion

    Quote Quoting halo202
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    ohio

    code section 623.05 (A)
    I suspect that is a municipal code. What city or county was this in?

  5. #5
    Join Date
    Nov 2010
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    12

    Default Re: Cited for Fare Evasion

    it was in cleveland

  6. #6
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    Sep 2005
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    California
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    Default Re: Cited for Fare Evasion

    Here is the section:

    623.05 Trespass on RTA Property

    (a) No person shall enter upon any portion of the right of way, owned or leased by the Regional Transit Authority or any other transit system, upon which are located rail tracks of any rapid transit system, without proper authority.

    (b) Whoever violates this section is guilty of trespass on RTA property, a misdemeanor of the fourth degree.

    If you have the ticket or receipt, you will probably prevail at court.

  7. #7
    Join Date
    Nov 2010
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    12

    Default Re: Cited for Fare Evasion

    ok this is ridiculous

    i went to court today and now i have to go back AGAIN. the court seemed pretty lax and the judge there dismissed a few people after they gave their sob stories. i thought after seeing a few people go before me i'd be fine.

    how is it trespassing? the cop told me i was being given a ticket for fare evasion and now its as if that doesnt exist. the judge didnt even know anything about the fare evasion and said you are being charged with trespassing after she said my name and i came forward. i tried to explain to her that it was bogus and showed the ticket that claimed i evaded the pay terminals and showed her my pass that proved i paid my fare. she wouldnt even let me explain and said i had to plead not guilty and get a hearing date.

    i guess they are saying trespassing because i entered into the station without (allegedly) paying and since you must be a paying RTA customer that i was "trespassing" onto that station without valid proof of payment. i even asked someone at the court whether i could see a judge immediately because i thought it was completely bogus. they said that was the only date/time available and that i could call a public defender.

    now what? is there any way i can get this dismissed or am i gonna have to speak to an attorney? this doesnt make any sense that i now have to waste yet another morning going to court for something so stupid. i had proof in the form of my pass.

  8. #8
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Cited for Fare Evasion

    Quote Quoting halo202
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    she wouldnt even let me explain and said i had to plead not guilty and get a hearing date.
    Apparently this was the arraignment and not the trial.

    i guess they are saying trespassing because i entered into the station without (allegedly) paying and since you must be a paying RTA customer that i was "trespassing" onto that station without valid proof of payment.
    Yes. That seems reasonable.

    now what? is there any way i can get this dismissed or am i gonna have to speak to an attorney? this doesnt make any sense that i now have to waste yet another morning going to court for something so stupid. i had proof in the form of my pass.
    Now you go to trial. You can speak to an attorney first if you'd like, or go it on your own. Your call.

  9. #9
    Join Date
    Nov 2010
    Posts
    12

    Default Re: Cited for Fare Evasion

    it was the arraignment, but you gave me the impression i could actually speak to that judge and explain/show the valid pass to get it taken care of. now i have to waste another morning of my time as well as money.

    it says now its a pre trial hearing on the sheet. i dont want an actual trial over something this trivial.

    so now that the accusation seems to be trespassing i guess i should just not say anything regarding fare evasion and just state how could i be trespassing when i had a pass for the train.

  10. #10
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Cited for Fare Evasion

    You had the wrong impression.

    The arraignment is to inform you of the charge against you and to accept your plea and set the course as things to come.

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