+ Reply to Thread
Results 1 to 2 of 2
  1. #1
    jollymonjeff is offline Junior Member
    Join Date
    Nov 2008
    Posts
    1

    NYC MTA Section 1050.4 Fare Evasion

    What is the name of your state (only U.S. law)? Section 1050.4

    Knowing my suitcase would not fit through a turnstile, I approached the ticket agent in the booth and made eye contact. I pointed towards the walk through gate with my metrocard and approached the metrocard reader with the handicap icon matching the icon on the gate. I inserted my valid 30 day metrocard. The machine read the card and gave it back to me. I approached the gate, pulled it open thinking my fare had been read (otherwise, why would the gate open? Other gates I have approached have been locked.) and passed through the gate. At that point officer approached me and asked to see my metrocard. He refused to interview the ticket agent to verify my statement and the physical location he was in was not able to view the ticket agent not the gate turnstile. Upon reading my metro card at the fare reader, it showed that the card was last used the previous day, and was valid for several more days.

    Apparently, the card reader next to the gate was only for reduced fare cards and my card was not ready. I had no idea.

    He later explained the correct way to traverse the gate was to have my card read at a regular turnstile, manually move the turnstile as if I had traversed it, then approach the ticket agent via the usual line of people and have the agent verify my card was read correctly, then traverse the gate.

    There are no signs stating such a complex requirement. The direction posted on the gate are confusing. Prior to writing the summons, the officer verified that my metrocard was a time value card and was active. We discussed that there would have been zero cost advantage to using a discount only card reader and this was obviously a simple mistake brought on by lack of clear directions being available.
    After writing the summons and my receiving the summons, the officer observed me using the very same metrocard thru the regular turnstile then using the gate successfully.

    How can I best fight this violation?
    I am now aware that it is my responsibility to know if my fare was read correctly. I have no prior issues in NYC (or elsewhere).
  2. #2
    seniorjudge is offline Senior Member
    Join Date
    Aug 2005
    Location
    St. Odo of Cluny Parish
    Posts
    29,533
    Q: How can I best fight this violation?

    A: Plead not guilty and at your trial, tell your story.
    There are two rules for success:

    (1) Never tell everything you know.

Similar Threads

  1. Fare Evasion and Trespassing
    By xcnstarsx in forum Other Crimes Federal and State
    Replies: 3
    Last Post: 07-30-2012, 05:27 PM
  2. Fare evasion metro citation
    By omgWTF in forum Arrests, Searches, Warrants & Procedure
    Replies: 0
    Last Post: 10-24-2009, 03:27 PM
  3. CA Penal Code 640 (b) (1) Fare Evasion.
    By duffjr in forum Parking Tickets and Non-Moving Violations
    Replies: 1
    Last Post: 11-07-2007, 06:55 PM
  4. Penal Code 640 (b) (1) Fare Evasion.
    By jay8406 in forum Parking Tickets and Non-Moving Violations
    Replies: 4
    Last Post: 02-19-2006, 11:25 AM
  5. fare evasion fine
    By Devchonka in forum Small Claims Courts
    Replies: 1
    Last Post: 11-03-2004, 07:26 AM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.