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  1. #1

    Default Caltrain "Proof of Purchase" Injustice

    Hi Folks,

    I am a regular Caltrain rider (State of California) and a current monthly pass holder. While I have been asked countless times to show a ticket, I just recently failed the “proof of purchase” (POP) test for the first time.

    I know, this post is similar to many others who have asked about the possibility of overturning Caltrain fare evasion citations, but I appreciate the help nonetheless. I hope you will share any advice you may have even if it has already appeared elsewhere.

    Last month I boarded the train with an eight-ride ticket that had been properly validated. However, due to my general disorganization, I could not find the ticket that I had dropped into my briefcase when the agent came by.

    What is likely to be the most effective strategy in court for beating this or at least getting the fine lowered? Is there any point in explaining these facts to the judge - -that I’m not guilty of fare evasion in the literal sense of the word but am only guilty of being disorganized and not putting my ticket in my wallet? I have the usual proof: evidence of a regular string of ticket purchases, a credit card statement showing I purchased an eight-ride the week preceding the citation, current holder of a monthly pass, etc. From what I've read here, anything short showing a valid ticket to the conductor at the time will fail the POP test.

    So I’m at the point that I need to make decisions. Should I go to the court house before the due date? Should I request an arraignment or a court trail? If it comes to trial, how should I plead?

    Thank you in advance for your assistance!

    Bob

  2. #2
    Join Date
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    Default Re: Caltrain "Proof of Purchase" Injustice

    Let me start by saying that I have only attended a few fare evasion cases... Still, in cases where you failed to show the ticket upon request (as is required by the Penal Code section), proof of payment (merely a receipt showing that a ticket was purchased at some time in the past) will not be sufficient but then again it depends on whether the judge wants to believe you, whether your excuse of being disorganized will be sufficient.

    As for you being a "current monthly pass holder", that doesn't apply to the one time when you failed to show your ticket when requested.

    Quote Quoting standard_user_id
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    Last month I boarded the train with an eight-ride ticket that had been properly validated. However, due to my general disorganization, I could not find the ticket that I had dropped into my briefcase when the agent came by.
    Well, if your 8 ride ticket was properly validated for the date and time when you were cited, take that to court with you. It might help convince the judge that you were just disorgaized but it does not fulfill the requirement that you must show it upon request.

    I have seen instances where people got cited, walked around in the train car asking people for their ticket so that they can show to the judge... What happened with them, and whehther the judge accepted that as valid proof, I have no idea.

    Quote Quoting standard_user_id
    View Post
    Should I go to the court house before the due date?
    You can, however, keep in mind that yo should be there when court opens if your purpose for being there is for your arraignment to be held that same day.

    Quote Quoting standard_user_id
    View Post
    Should I request an arraignment or a court trail?
    An arraignment is usually held on the day you first appear in court. The judge will ask you how you plead and you either:
    > plead guilty and pay the fine,
    > ask the judge if he will hear your excuse/explanation in hopes that he/she will reduce the fine (some judges will allow that and may or may not reduce the fine, other judges will only accept the words "guilty" or not guilty"),
    > OR plead not guilty and have your case set for trial where you will need to show that the citation was issued in error or show that you are not guilty of the violation.

    Quote Quoting standard_user_id
    View Post
    If it comes to trial, how should I plead?
    Again, if it gets to trial that means you already plead "not guilty" and will have to listen to the officer testify and then you'll get a chance to question the officer about his/her testimony or present your case (testify) in an attempt to show why you are not guilty.

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