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  1. #1
    Join Date
    Dec 2011
    Posts
    1

    Default Fare Evasion - What to Do in Court in Santa Clara County

    My question involves criminal law for the state of: California. Santa Clara County. Violation of P. C. 640

    I was riding the light rail for the first time when I was checked for a ticket. I showed them my SJSU ID card and the VTA travel sticker on it, and thought I was in the clear, but I was riding it on 8/23, and the pass is not valid until 8/24. When the ticket showed up in the mail, it was a fine of $276. I can't afford that, so I contested the ticked and requested a court date.

    My argument is that I had already paid my student enrollment fees, which includes the cost of the VTA travel sticker. I made an honest mistake by not reading the sticker closely, and I would have bought a ticket had I noticed that the pass was not yet valid. I was also riding the light rail for school reasons - to buy books and find out where my classes are (I even have a receipt from the bookstore). I also have the pass that I bought for the return trip.

    What should I do in court with my argument? How is traffic court in Santa Clara County usually conducted? Any advice will be really appreciated.

  2. #2
    Join Date
    Apr 2006
    Posts
    122

    Default Re: Fare Evasion - What to Do in Court in Santa Clara County

    I would first call VTA at 408-321-2300 and ask to speak to the Fare Evasion Department/Police or the people who deal with this.

    If this does not work contact Denis Rockstroth with the San Jose Mercury News Actionline actionline@mercurynews.com or call 408-920-5796.

    I would also go to the Dean of SJSU and speak with the Director of Admissions as they did not tell you the pass would start until 8/24 since you paid for the pass and just made a mistake on the date you should not have to pay the $276 as this was a clear mistake. You were not evading the fare as you had a sticker that would have been valid the next day and it was paid for (Eco Pass) as part of your registration fee.

    The Fare officer should have allowed you to buy a ticket for $2 at the next station with him in sight even if it meant taking the next light rail train. and not charge you under the Penal Code he should have just warned you . We all make these mistakes such as when a coupon is not valid the cashier tells you and you can say I'm sorry I am happy to pay the non discounted price. Same thing for this Eco Pass. This was not even a day pass where you would know the valid date as its printed legibly. If they wanted you to start using your Eco Pass they needed to inform you in the letter stating this pass will be valid from 8/24 or the sticker needed a large print date.

    What if your vision was not good and you could not see the valid date? My point is they should have better informed the students of the start date.

    Write a letter to VTA and have it signed by some of your fellow students and the Dean of Student Services/ Director of Financial Services/ Transportation Department etc.

    Point in case using these avenues could help you to avoid paying $276 but if they call a court date tell the judge and present your evidence showing you made a mistake with the date as since you got it in the mail you thought it was valid right away since you paid for it in full.

    Be sure to copy your receipt showing you paid for the Eco Pass. Since you could be from out of town or its your first time using VTA and you had no intention to not pay your fare then you should be given a deliverance .

    On Channel 4 there is a show People Behaving Badly and they caught willful fare evaders who tried to get discounts on BART your case is not willful .

    Try calling the officer or the phone number on the citation and talk with them.

    Good luck and I wish you all the best for the upcoming semester and I hope this case gets resolved. Please let us know if any of this helped you. I'm sorry this happened to you and I believe that you did this in error and it was not done purposefully.

    I believe there is a grievance for traffic tickets not paid from this year where you would only pay half if its unpaid I would ask a lawyer using their free service how to work this out.

    The Traffic Court in Santa Clara county is not so bad considering you could go to the main court for shoplifting. This seems like an infraction so I would explain to the Judge about how you are a student at SJSU and bring your schedule of classes/transcrip copy of your payment and tell them that you would have expected the officer to cut you some slack and allow you to buy a ticket for $2 at the next station.

    I would plead Not Guilty and tell the judge that you are sorry for your mistake and that you will be more careful to double check the date in the future.

    The VTA officer might not even show up and you won't be charged in most cases. If you hurt someone physically there would be more chances of the officer showing up. Since its a first time offence the judge could go lightly and have you attend traffic school-although this won't show up on your driving record since you were not operating a vehicle at the time.

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