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  1. #1
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    Default Fare Evasion Citation

    My question involves traffic court in the state of: California, specifically LA county.

    On 5/11/11 at 11:15am I was given a citation for 640(c)(1)PC- Fare Evasion on the Metrolink lightrail [Gold Line] at the Highland Park station.

    I don't ride the lightrail often, but this past week I ended up riding it to Little Tokyo to and from twice, on 5/9 [Monday] and 5/11 [Wednesday]. On Wednesday, I was asked by a LA County Sheriff to show my ticket and took out my wallet and gave her my ticket. When she told me that it wasn't Wednesday's but Monday's ticket instead, I said that I probably threw it out thinking that it was Monday's ticket before I boarded. She gave me some more time to look for the ticket while she checked the rest of the passengers for their tickets. I checked my bag, wallet and other places I normally put things like a ticket. When she asked if I found my ticket and I told her no, we got off at Highland Park, where she gave me the citation and told me that if I managed to find my ticket to "bring it with you to the court". After that I bought another ticket and showed it to her partner when the next train came, while he was checking for tickets.

    Cut to around 2:00pm same day, as I find my original ticket in my back pocket [I stopped keeping things in there because I kept forgetting to empty my pockets and find a shredded, wet mess later in the washer] as I'm heading home.

    I've never gotten a ticket before and would like to know what I can/should do or just pay the fine [as a last resort - money is tight]. Not entirely sure if it can be contested since I was technically unable to "provide valid fare" at the time. All the tickets [the one I presented to the officer, the one I lost, the one bought at Highland Park, and the return ticket from Little Tokyo] are still in my possession.

  2. #2
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    Default Re: Fare Evasion Citation

    The ticket is your proof of having paid the fare and (having previously worked as a passenger train conductor) the deputy was correct for citing you for failing to present valid transportation (a valid ticket). There is a possibility that producing the valid ticket in court might get the penalties reduced or the citation dismissed. When the ticketing machine issues the ticket, it endorses it by imprinting the date, time and location of issuance. You certainly won't lose anything (other than time, transit fare, maybe court costs and perhaps a few hours off work if you're employed) by going to court and it's likely that those costs are less than the fine, especially if you can get the citation dismissed.

  3. #3
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    Default Re: Fare Evasion Citation

    Quote Quoting scbaisden
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    Cut to around 2:00pm same day, as I find my original ticket in my back pocket [I stopped keeping things in there because I kept forgetting to empty my pockets and find a shredded, wet mess later in the washer] as I'm heading home.

    I've never gotten a ticket before and would like to know what I can/should do or just pay the fine [as a last resort - money is tight]. Not entirely sure if it can be contested since I was technically unable to "provide valid fare" at the time. All the tickets [the one I presented to the officer, the one I lost, the one bought at Highland Park, and the return ticket from Little Tokyo] are still in my possession.
    Although I cannot find a "subparagraph (1)" under "subsection (c)" of PC640":
    PC 640(c) Notwithstanding subdivision (a), the City and County of San Francisco and the Los Angeles County Metropolitan Transportation Authority may enact and enforce an ordinance providing that any of the acts described in subdivision (b) on or in a facility or vehicle described in subdivision (a) for which the City and County of San Francisco or the Los Angeles County Metropolitan Transportation Authority has jurisdiction shall be subject only to an administrative penalty imposed and enforced in a civil proceeding. The ordinance for imposing and enforcing the administrative penalty shall be governed by Chapter 8 (commencing with Section 99580) of Part 11 of Division 10 of the Public Utilities Code and shall not apply to minors.

    It looks like an MTA fare evasion violation in L. A. County has recently (as of March 8, 2010) been changes to a civil matter (it used to be a criminal infraction), sort of similar to a parking citation; and the penalty is limited to an administrative fee (it used to be a HUGE fine PLUS 48 hours of community service)... This also means you no longer have to appear in court nor will you be required to do community service in addition to the monetary fine. But it also means that if you don't have clear and convincing evidence to contest it, it is not likely to be dismissed nor is it likely to get reduced.

    I'm not sure I'm clear on whether you found your ticket, and whether it is readable or not? If it is readable, then you can contest it and submit the ticket to show that you were in compliance and it should be dismissed. If its not readable, then it sounds like you're out of luck on a dismissal.

    If your ticket is unreadable, then pay it and be done with it.

    I am curious as to how much the fine is now that it is not treated as an infraction?

  4. #4
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    Default Re: Fare Evasion Citation

    Quote Quoting That Guy
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    I'm not sure I'm clear on whether you found your ticket, and whether it is readable or not? If it is readable, then you can contest it and submit the ticket to show that you were in compliance and it should be dismissed. If its not readable, then it sounds like you're out of luck on a dismissal.
    The ticket has some crinkling on the top and the lettering is lighter in some areas but the expiration time, date, and location of issuance are readable.

    Quote Quoting That Guy
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    It looks like an MTA fare evasion violation in L. A. County has recently (as of March 8, 2010) been changes to a civil matter (it used to be a criminal infraction), sort of similar to a parking citation; and the penalty is limited to an administrative fee (it used to be a HUGE fine PLUS 48 hours of community service)... This also means you no longer have to appear in court nor will you be required to do community service in addition to the monetary fine. But it also means that if you don't have clear and convincing evidence to contest it, it is not likely to be dismissed nor is it likely to get reduced.
    Huh...that is very interesting, but I think now it is considered a criminal infraction again. Shortly after starting this thread, I googled 640(c)(1)PC and found that an amendment was made to PC 640 dated 3/31/2011 on a website, which also has the missing sub-paragraph. (In case you're wondering, the penalty went back to $250 w/ 48 hours community service for the first and second offense only. The third time it goes to $400 w/ possible 90-day imprisonment, I believe.)

    640(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.
    I read on to see that other transit authorities have changed this to a civil matter and limited to an administrative fee.

    (e) (1) Notwithstanding subdivision (a), the City and County of San Francisco, the Santa Clara Valley Transportation Authority, the Sacramento Regional Transit District, Long Beach Transit, Foothill Transit, and the Alameda-Contra Costa Transit District may enact and enforce an ordinance providing that a person who is the subject of a citation for any of the acts described in subdivision (b) or (c) on or in a facility or vehicle described in subdivision (a) for which the City and County of San Francisco, the Santa Clara Valley Transportation Authority, the Sacramento Regional Transit District, Long Beach Transit, Foothill Transit, or the Alameda-Contra Costa Transit District has jurisdiction shall under the circumstances set forth by the ordinance be afforded an opportunity to complete an administrative process that imposes only an administrative penalty enforced in a civil proceeding. The ordinance for imposing and enforcing the administrative penalty shall be governed by Chapter 8 (commencing with Section 99580) of Part 11 of Division 10 of the Public Utilities Code and shall not apply to minors.
    At this point I'm planning on contesting the ticket to see if I can get a reduced fine (I'm not holding my breath on getting a dismissal or the officer not showing up) come arraignment day.

  5. #5
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    Default Re: Fare Evasion Citation

    Quote Quoting scbaisden
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    The ticket has some crinkling on the top and the lettering is lighter in some areas but the expiration time, date, and location of issuance are readable.
    Ultimately, it will depend on whether the judge can read it or not.

    Quote Quoting scbaisden
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    Huh...that is very interesting, but I think now it is considered a criminal infraction again. Shortly after starting this thread, I googled 640(c)(1)PC and found that an amendment was made to PC 640 dated 3/31/2011 on a website, which also has the missing sub-paragraph.
    Good catch... I think what happened is that I looked it up on this page:
    http://law.onecle.com/california/2010/penal/640.html
    (Which as you can see, was last updated on March 8,2011). Insteadn I should have looked it up on the California Legislative Website http://www.leginfo.ca.gov/cgi-bin/wa...ction=retrieve (which shows the most recent update.

    My apologies for the error

    Quote Quoting scbaisden
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    (In case you're wondering, the penalty went back to $250 w/ 48 hours community service for the first and second offense only. The third time it goes to $400 w/ possible 90-day imprisonment, I believe.)

    I read on to see that other transit authorities have changed this to a civil matter and limited to an administrative fee.
    Hmmm.... I think you are correct that yours will still be handled as described in PC640. However, I still do see the following (for clarity's sake, I'm redacting some parts that aren't relevant here):
    640(e) Notwithstanding subdivision (a), ....., the Los Angeles County Metropolitan Transportation Authority,......... may enact and enforce an ordinance providing that any of the acts described in subdivision (b) or (c on or in a facility or vehicle described in subdivision (a) for which ..... the Los Angeles County Metropolitan Transportation Authority, ...... has jurisdiction shall be subject only to an administrative penalty imposed and enforced in a civil proceeding. The ordinance for imposing and enforcing the administrative penalty shall be governed by Chapter 8 (commencing with Section 99580) of Part 11 of Division 10 of the Public Utilities Code and shall not apply to minors.
    Whether such resolution has been enacted and is ready to be enforced, I don't know. If it isn't, then the process obviously reverts back to the old (normal) way which may explain why yours is being handled as such.

    At any rate, as long as you're ready for both evils, it may not matter in your case since the hope is your proof will work to get you a dismissal.

    Quote Quoting scbaisden
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    At this point I'm planning on contesting the ticket to see if I can get a reduced fine (I'm not holding my breath on getting a dismissal or the officer not showing up) come arraignment day.
    I agree that you shouldn't get your hopes up, however, and assuming the ticket stub is readable, I see no reason why the judge would hold it over for trial. (Its not going to be the first time this scenario has played out). So when your name is called, simply go up to the podium, explain to the judge that you later found the ticket in the wash, ask to show it to him/her (by handing it to the bailiff), ask for it to be dismissed and hope for the best.

    Good luck.... And please, come back and update this thread as things move forward.

  6. #6
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    Default Re: Fare Evasion Citation

    Quote Quoting That Guy
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    I agree that you shouldn't get your hopes up, however, and assuming the ticket stub is readable, I see no reason why the judge would hold it over for trial. (Its not going to be the first time this scenario has played out). So when your name is called, simply go up to the podium, explain to the judge that you later found the ticket in the wash, ask to show it to him/her (by handing it to the bailiff), ask for it to be dismissed and hope for the best.

    Good luck.... And please, come back and update this thread as things move forward.
    Are you sure one can do this in an arraignment or is it at the judge's discretion? I'm asking because a classmate of mine got a similar citation (she left her student pass at home) and when she went to show the judge her pass, after pleading not guilty, he had told her that he "could not accept any evidence at this time and it would have to wait until the trial." In the end, she got her citation dismissed when the officer failed to appear but I'm not sure if she couldn't show the judge her pass because she pleaded not guilty first or not.

    Another suggestion I got is from a coworker who is a retired Glendale police officer. He said that I should be able to take my ticket and citation to the court clerk (can't recall if he said to take a certified letter as well) and explain to him/her that I managed to find my ticket and have everything sorted out there.

    I've been trying to get an earlier arraignment date (mid-July is smack dab in finals week for summer classes), but doubt that the citation has even made into the courthouse computer yet.

  7. #7
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    Default Re: Fare Evasion Citation

    Alright-y, since my last post I have gotten the courtesy notice and have found that the fine is set at $190 [w/o notice of community service]. Since the only thing saving my metaphorical bacon from the charge is the fact that I still have the ticket in my possession, should I request a TBD over a court trial? Not to say that there's no chance of explaining to the judge and getting the citation dismissed during the arraignment, but the LA Superior Court website emphasizes that evidence is not to be presented during arraignment so I'm not taking any chances. Also, I'm still not sure if I can take have this all sorted out with the court clerk instead of the judge.

  8. #8
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    Default Re: Fare Evasion Citation

    Quote Quoting scbaisden
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    Since the only thing saving my metaphorical bacon from the charge is the fact that I still have the ticket in my possession, should I request a TBD over a court trial?
    If you are allowed that option, then by all means, utilize it *"if necessary"*!
    Quote Quoting scbaisden
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    Not to say that there's no chance of explaining to the judge and getting the citation dismissed during the arraignment, but the LA Superior Court website emphasizes that evidence is not to be presented during arraignment so I'm not taking any chances.
    Well, here is how I look at it, if in fact you are able to get this matter disposed of at the arraignment, not only are you sparing your self the effort and time of having to either write a declaration and/or appear a second time, but the court would have one less case to handle, and the citing officer would have one less court appearance to make/one less declaration to write. Its a win-win for all three parties. I have seen and heard of judges dismissing at the arraignment but I have heard of others who have not.

    You're going to appear at the arraignment anyways, so be on the ready, ask the question, and worse comes to worse, the judge will say "nope, you gotta come back" and if so, enter a plea of "not guilty" and either request a TBD or request a trial date.

    Quote Quoting scbaisden
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    Also, I'm still not sure if I can take have this all sorted out with the court clerk instead of the judge.
    Now ^that^ is not going to happen. By definition, this is not a "correctable citation" and as such, the clerk has no authority whatsoever to make a decision as to whether it should be dismissed it or ordered to proceed to trial.

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