NYC transit hearing?

[nycrage]

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

Hey there, I was recently given a ticket for allegedly skipping out on the fare at a subway entrance at Times Square. However, the whole event is a total joke. First of all, I used my metrocard and paid AT the turnstyle. I had a bulky bag and as a lot of people were coming out of the gate, and I had ALREADY paid, I just swung around and hauled it through the gate instead so as not to get stuck in the turnstyle. Seeing as I paid the fare, I didn't think that this would be a problem.

Secondly, the cop who stopped me was incredibly rude and self-entitled. He wouldn't let me speak or explain, did not offer to run my card to see if I actually had paid (which I just found out from a friend could have been done right then and there to avoid all of this) and basically told me to shut up or I would be arrested (which I assumed was complete and utter BS but didn't want to get into it with him).

Obviously, I intend to go first thing this coming week and contest the ticket. I was wondering if anyone can tell me what to expect from this type of TAB hearing and if there is anything I can do to ensure that this ridiculous "violation" is dropped. Would they be able to look up surveillance footage to see for themselves what happened? And/or can I file counter-charges against the moron who wasted so much of my time without allowing me to prove that I'd already paid (and is further wasting my time by dragging me away from work on a weekday to sort it out)?

Any advice would be appreciated. Thanks.

 

[You Are Guilty]

https://forum.freeadvice.com/search.php?searchid=3064684

 

[nycrage]

That's absurd. Guilty for what, exactly? I paid $2.25 to enter the station. I went through the gate instead of the turnstyle, but the fare WAS paid so I had every right to enter the station. I didn't hold the door for anyone else. It could have been proven if he had asked to run my metrocard. I even had it out and he told me to put it away.

Also, I'm asking about the hearing process and what can or can't be done during it. Is it short? Drawn out? Do they give you a decision immediately or go off to discuss the matter with their fellow workers, getting back to you later?

 

[nycrage]

*Sorry, I didn't realize your username was You Are Guilty. I thought that was the response subject line. Anyway, I read the other threads but it sounds like none of those people actually paid the fare so they don't really give me an idea of what to do in this situation.

 

[You Are Guilty]

It's not a court trial and there is no discovery so, for example, no one is pulling security tape. Your problem is not guilt or innocence, it is how to prove it. In theory, reading your card (or even just taking the serial number off it), can be used to match up to the MTA's records showing where/when it was swiped. However, I doubt enormously this can be done from the hearing room. Perhaps it's worth giving the MTA (or your local police precinct) a call and asking how you can go about getting proof that you swiped your card at a certain time.

Good luck in any event.