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  1. #1
    Join Date
    Mar 2005
    Location
    Ottawa
    Posts
    1

    Default Bad Pass for Public Transportation (Subway)

    Hi, this law trouble is a bit weird but developed into a fairly serious one.

    Last summer, I was attending a school in Montreal. I was only 15 at that time. I have to take the transport system (subway) owned by the STM (Transport Society of Montreal) to go to school. They require you show a student I.D. card to use the subway and stuff if you are using a student ticket. (I never knew this since they never told us anything. You don't see this law anywhere in the transport system, they only hide it in some websites of theirs. ) Most people don't bring that I.D. card because it is useless most of the time. (Unless you look like a 18 years old there is no trouble. They don't even check. If you are a student then they will know by just looking at you.)

    You have to buy that card every year for some reason to just prove you are a student. Cards from a year ago won't work even though they have your birthday on it that show you are not 18.

    I bring my I.D. card in my wallet everday until one night when I cleaned up my purse and didn't stuff it back. The next morning I went to school using the subway like every single day. There were a bunch of cops at the subway station. I thought they were criminal police and there is no trouble for me. So I went to the subway station to pass using my monthly pass card. They stopped my after I passed and ask for my I.D. card. So I said ok and brought up my purse. My I.D. card isn't there since I didn't stuff it back. I had my old I.D. card there for some reason. I showed them my old I.D. card along with my school bag to prove to them that I am a student.

    They didn't believe me and asked for the color of this new I.D. card. I answered green but they said its wrong. (There is green on every single card. The only difference in color is a place in the side of the card. How the heck do I suppose to know that? I take a look and remember the big color patch, not the little one on the side. I don't even know which part of the card they are asking for. ) They gave me a fine for $110 CDN and told me to pay it or go to court. ( They know fully well that I am a student and under 18 because I have an old I.D. card with my birthday on it as well as my picture. I have my school bag and inside are stuff with my school name on it. I don't even look like a 18 year old, only a kid. My school principle wrote a letter to the court a couple days later that says I am a student at that school. ) They were all French and speak poor English. Communication was diffcult.
    In the same day I got ticketed, I brought a new I.D. card to avoid trouble. I lost my pervious I.D. card somehow.

    My mom refused to pay for the fine so I went to the court. The court date was Feb of the next year. During the summer of 2004 I moved to Ottawa. Ottawa and Montreal are far a part and takes least 4 hours to get to the other city. (By bus since we don't have a car.) Not to mention they are not the same province and Quebec has special laws that don't apply to the rest of Canada.

    I went to court on Feb, 2005 and won it somehow. It was a small court with only 1 judge and a bunch of people who got ticked by the STM. ( one lady was ticketed because she brought a small dog in the subway. There wasn't any rules visable on the subway that says you can't. I saw plenty of people did it and they were ok. ) The judge said that I am not gulity because the STM don't have sufficient evidence and because I brought a new I.D. card the same day. (show that I learned from this incident and I won't do it again. ) I told the judge that I lost my pervious card and that if they check my new card, they will see that I brought in the same day I got ticketed. I told the judge that I am a student at the time I got ticketed. I am also 15 at that time. The judge could see I was speaking the truth. I am 16 and looks like a 16 when I went to the court. They have evidence that proofs I am a student at a school in Montreal and I am 15 at the time I got ticketed.

    I think I am the only one out of 10 to 15 people won the case against STM. They got really pissed off I think. Nonetheless, I got scared shitless. The bus fee to Montreal is almost the same as the fine. Only $10 CDN less. (Never been to a court room before. The STM had fancy lawers and they belong to the government. I got only myself. )

    I thought it was all over and that I am free again. I was dead wrong. Barely a month passed when I got a letter that say the STM has appealed to a higher court and I have to go the court again! I was like WTH, what did I do. They didn't think the judge's decision was fair and they want to court me again! I am pretty sure I wil lose this round. I got no money, no lawyer and my defense is barely solid. The trip to this court is going to cost me another 100$ CDN! My mom won't pay for the fine no matter what. She is willing to go to the court but not paying the fine.

    The STM got government connections, lots of fancy lawyers in suits and they could make the court rule their way. Anyone got any advice on what I should do? I am pretty much screwed. I am not gonna win this court. No way in hell, unless a bunch of free lawyers drop from the sky and defend me. Anyone have an advice for my defense perhaps? Anything helps!


    The appeal document its 2 legal sized paper long with 7 steps on why they should appeal and why I am a loser.

    This document its for Cour Supérieure Du Québec, a huge court. (Supreme Court of Canada its the only court on top of it I think. I am not too sure though. ) Which means they are alot more serious and see me more gulity than any other court. They prolly have a team of 3 judges who will see me as an adult who committed murder or something awful...


    The STM is going to have a team of trained and experienced lawyers who will plan a attack directly at me, at my defence's weaknest point. They will label me as an criminal that should not be escaped and should be punished as harshly as possible.


    More detailed info.

    Copy of the original ticket


    No idea what this is but I think its the detailed account of my crime

    Pg1 of the appeal document (IMPORTANT!)

    Pg2 of the appeal document (IMPORTANT!)

    A document telling my mom that I have committed a crime...(ENGLISH)


    More info the the card that caused me the trouble.
    Card

    Please note : You will have to pay regular fare if you don't show your Privilège Card. People who pay reduced fare without required ID, could be fined $150 + administration fees of $55..
    This apply to me but I had a card. It's just a year old!

    Here is the by-law I broke...
    Il est interdit Ã* toute personne d’utiliser, sans droit, un titre de transport, une carte d’accès ou une autre carte permettant de bénéficier de tout autre tarif ou privilège aux termes du présent règlement.
    Right from their website. Link

    Thank you for reading. If you have any idea for my suggestions or ideas for my defense please post it. Thanks.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Responding to an Appeal

    You may wish to consult with a lawyer about the proper form for a response to their petition, assuming a response is allowed, then to draft and submit a response.

    Given that this is a French language court, with very different procedures than I am used to, I can't really provide any guidance.

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