Nyc Transit Ticket- DAT PL 165.15 03 - Need advise

[sidekick2001]

Today I was arrested for using a student MTA when there is no school and also is no my card. Reason why I was arrested is because it popes up that I didn't pay a transit ticket (not Traffic because I just got my learner permit yesterday)I know I was not supposed to use the card, I was called to work today and have no money on me.

I have two questions. How can I find out about the ticket I didn't pay (I cannot recall a time when I was stopped by transit officer) Second question, what can I expect with this case? I was given a court day but not the $100.00 fine to pay. Would this appear in my record? do I have to plead guilty?

I regret what I done and I understand it was not right so please I just need positive comments. I had enough with the time served today. Thanks in advanced!

PD: Is the second time I'm arrested but it was a misunderstanding the case was dismissed and sealed.

[HighwayMan]

Today I was arrested for using a student MTA when there is no school and also is no my card. Reason why I was arrested is because it popes up that I didn't pay a transit ticket (not Traffic because I just got my learner permit yesterday)I know I was not supposed to use the card, I was called to work today and have no money on me.

I have two questions. How can I find out about the ticket I didn't pay (I cannot recall a time when I was stopped by transit officer) Second question, what can I expect with this case? I was given a court day but not the $100.00 fine to pay. Would this appear in my record? do I have to plead guilty?

I regret what I done and I understand it was not right so please I just need positive comments. I had enough with the time served today. Thanks in advanced!

PD: Is the second time I'm arrested but it was a misunderstanding the case was dismissed and sealed.

You were arrested because you committed a misdemeanor under the New York State Penal Law. Unless you know what ticket you got that you didn't pay we can't guess.

If you had a warrant then you would not have been released that easily. The ticket you got was probably a Transit Adjudication Bureau Notice of Violation. Contact the TAB to find out for sure.

You should have taken the initiative to ASK the police officer(s) who told you about the ticket. That would have been the easiest thing.

Who said your fine will be $100????? You committed a crime which is punishable by up to one year in jail.

[HighwayMan]

I had enough with the time served today.

Time served?

Kid, you have no idea what "time served" is. What did you do? About 3 hours in a precinct holding cell? That's hardly a tough time. You're lucky you didn't spend 18 to 24 hours in Central Booking.

What else did you get charged with?

[sidekick2001]

You were arrested because you committed a misdemeanor under the New York State Penal Law. Unless you know what ticket you got that you didn't pay we can't guess.

If you had a warrant then you would not have been released that easily. The ticket you got was probably a Transit Adjudication Bureau Notice of Violation. Contact the TAB to find out for sure.

You should have taken the initiative to ASK the police officer(s) who told you about the ticket. That would have been the easiest thing.

Who said your fine will be $100????? You committed a crime which is punishable by up to one year in jail.

What I got was a DAT is not punishable to jail time but to serve some community service or pay a fee. She said I won't go to jail for that and what I meant with time served was the hours I was arrested.

[sidekick2001]

Time served?

Kid, you have no idea what "time served" is. What did you do? About 3 hours in a precinct holding cell? That's hardly a tough time. You're lucky you didn't spend 18 to 24 hours in Central Booking.

What else did you get charged with?

That's all. Do you really think I'm going to serve jail time for that? Please be honest.

PD: Now that I recalled when I was in High School my sister used my MTA & she was stopped but not given a summon (supposedly) And they didn't take away the MTA. I know she's capable of using my information instead of hers since she care less about me. But I doubt that was the incident since she was given the Metrocard back.

[You Are Guilty]

Here's the statute:

§ 165.15 Theft of services.
A person is guilty of theft of services when:
. . .
3. With intent to obtain railroad, subway, bus, air, taxi or any other
public transportation service without payment of the lawful charge
therefor, or to avoid payment of the lawful charge for such
transportation service which has been rendered to him, he obtains or
attempts to obtain such service or avoids or attempts to avoid payment
therefor by force, intimidation, stealth, deception or mechanical
tampering, or by unjustifiable failure or refusal to pay; or
. . .
Theft of services is a class A misdemeanor, provided, however, that
theft of cable television service as defined by the provisions of
paragraphs (a), (c) and (d) of subdivision four of this section, and
having a value not in excess of one hundred dollars by a person who has
not been previously convicted of theft of services under subdivision
four of this section is a violation, that theft of services under
subdivision nine of this section by a person who has not been previously
convicted of theft of services under subdivision nine of this section is
a violation and provided further, however, that theft of services of any
telephone service under paragraph (a) or (b) of subdivision five of this
section having a value in excess of one thousand dollars or by a person
who has been previously convicted within five years of theft of services
under paragraph (a) of subdivision five of this section is a class E
felony.

I have highlighted the pertinent portion. It's fairly serious, so a criminal defense lawyer would certainly be a good idea.

[HighwayMan]

PD: Now that I recalled when I was in High School my sister used my MTA & she was stopped but not given a summon (supposedly) And they didn't take away the MTA. I know she's capable of using my information instead of hers since she care less about me. But I doubt that was the incident since she was given the Metrocard back.

First of all, call it what it is - a MetroCard. It is NOT an MTA - the MTA is the transit agency that issues MetroCards.

It's the officer's discretion. In a case such as yours one can be arrested for the Penal Law misdemeanor (Theft of Service) or given a TAB Notice of Violation.

If your sister got one of these and used your name then maybe THAT is the unpaid ticket you need to worry about.

[HighwayMan]

What I got was a DAT is not punishable to jail time but to serve some community service or pay a fee. She said I won't go to jail for that...

That is absolutely NOT true. A DAT is issued in lieu of detention. You were arrested for a misdemeanor and instead of being "put through the system" you were issued a DAT. Most Class "E" felony offenses and below are eligible for DAT's.

The DAT does NOT affect the possible penalty.

The chances of you doing jail time if you have a clean record is pretty small - but jail is ALWAYS a possibility since you committed a class "A" misdemeanor. There is no guarantee of a "fee", i.e. fine and/or community service.