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CA Penal Code 640 (b) (1) Fare Evasion.

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duffjr

Junior Member
California.

I received a citation for fare evasion on the Orange Line in Los Angeles.

Penal Code 640 (a) Any of the acts described in subdivision (b) is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during his or her hours of school attendance or employment, when committed on or in any of the following:

(b) (1) Evasion of the payment of a fare of the system.


California Public Utilities Code Section 99580

(d) (1) If a fare evasion or passenger conduct violation is observed by a person authorized to enforce the ordinance, a notice of fare evasion or passenger conduct violation shall be issued. The notice shall set forth the violation, including reference to the ordinance setting forth the administrative penalty, the date of the violation, the approximate time, and the location where the violation occurred. The notice shall include a printed statement indicating the date payment is required to be made, and the procedure for contesting the notice. The notice shall be served by personal service upon the violator. The notice, or copy of the notice, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency, and shall be prima facie evidence of the facts contained in the notice establishing a rebuttable presumption affecting the burden of producing evidence.


I received no option to pay the citation or contest it. I have to appear in court on or before 12/17/07 at 8:30 AM.

Does this mean I can go to the Van Nuys Courthouse tomorrow at 8:30 and speak with a judge who overseas citations?

California Public Utilities Code Section 99581

(6) Following a determination by the hearing officer that a person committed the violation, the hearing officer may allow payment of the fare evasion or passenger conduct penalty in installments or deferred payment if the person provides satisfactory evidence of an inability to pay the fare evasion or passenger conduct penalty in full. If authorized by the issuing agency, the hearing officer may permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty.


I'm a student who has no job and can't afford to pay the fine. I live on about $20/week. I currently participate in community service at the UCLA Blood and Platelet Center, but does the ordinance mandate I do community service for the city removing graffiti and liter from highways? I believe the mandatory time would be better served at a facility such as the one listed prior or helping the aged or injured veterans. Also, I have A.D.D. which causes great emotional stress when forced to do the same work repeatedly.

If I'm relegated to perform 48 hours of mindless community service, I'd rather apply for a paying job for $10-$15/hr in that time to pay for the citation.

Another question:

I received a 2nd citation when the ticket dispensers weren't functioning properly. One machine ate my change, and the other machine wouldn't accept my attempts to insert change. The officer issuing the citation told me I should have ridden the bus to the next stop(illegally) and purchased a ticket at those machines. This has happened to me multiple times since this citation, forcing me to go to the bank to get dollars or skip class. I tried to contact the operators, but they agreed with my resolution of finding a method that worked or purchasing a Metro card.

I thought about presenting a video to the judge on a portable media player showing that different machines don't accept change or eat change and the problem needs to be addressed. I asked a ticketing officer what fine I should expect from the judge, and he said he knew of a case in which someone was ordered to pay $2000. I really can't afford that and would rather serve any short-term jail sentence outside of paying a gross amount. If I moved to another state, would I still have to pay that large amount?

If you managed to read this, thanks for your time. If I have no other options, I might volunteer in Asia for a year while I figure out how to start a new life.
 



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