injustice littering ticket

[zhizhi2]

I live in NY state. I was wrongfully charged with littering. I surely didn't litter.

When i sit on the bench at subway station today(5-19-11), an police officer came to me, said i was using a disability card to enter the subway gate. I wasn't sure what she is talking about, so I asked her what she wants and what is a disability card she's referring to? Then she asked me to follow her to upstairs, after walked all the way to the other end of the station, she stopped me on the side and emptied out all my pockets, found nothing, then searched every corner of my wallet and my bag. Of course she can't find anything since I've never had a such card that she had mentioned. After she searched all over my body and my belonging she kept saying i used a disability card. I tried to explain to her that I don't know what kind of card she is looking for and I always use regular fare. She stopped me and said if I keep saying that she will arrest me. Then she asked me to give her my metro card, then i found one of my metro card(the one i have just used) is missing, and she checked the other metro card I had at the booth with an agent, and the agent told her mine is a full priced fare.

She have already searched my body and my belongs twice and didn't find any proof of evidence and my metro card is a full priced fare, that clearly means i don't have a disability card and i didn't use one. But this's not the end yet, now after all her searching, my metro card is missing, and she asked me where is it? I really want to know where is my metro card myself, I looked around on the floor and said," it may drop it somewhere while her searching or I dropped it on the floor?" Then right way she said,"O.K. you will get a summons for littering in public!" I said that I didn't littering,I didn't throw my metro card because I still need it and even if it on the floor I didn't do it intentionally, I asked her if she saw that I throw it on the floor or anyone saw it. but she refuse to listen and starting write the ticket, and said again that if I still saying anything I will get arrest. So she hold me for about thirty minutes, then let me go with a littering ticket.

I was very angry about the way she treated me. It just because she is a policewoman and when she couldn't find any proof of evidence on someone, then she can give that person whatever the ticket she wants to give? This is not fair! I have a feeling that because she's ashamed that she spent almost half hour on searching me and could not find any evidence, so she fabricated other evidence to restore the situation.

Please guide me what should I do or any statement I can use on the court. Thanks so much for you time.

 

[Willlyjo]

I live in NY state. I was wrongfully charged with littering. I surely didn't litter.

When i sit on the bench at subway station today(5-19-11), an police officer came to me, said i was using a disability card to enter the subway gate. I wasn't sure what she is talking about, so I asked her what she wants and what is a disability card she's referring to? Then she asked me to follow her to upstairs, after walked all the way to the other end of the station, she stopped me on the side and emptied out all my pockets, found nothing, then searched every corner of my wallet and my bag. Of course she can't find anything since I've never had a such card that she had mentioned. After she searched all over my body and my belonging she kept saying i used a disability card. I tried to explain to her that I don't know what kind of card she is looking for and I always use regular fare. She stopped me and said if I keep saying that she will arrest me. Then she asked me to give her my metro card, then i found one of my metro card(the one i have just used) is missing, and she checked the other metro card I had at the booth with an agent, and the agent told her mine is a full priced fare.

She have already searched my body and my belongs twice and didn't find any proof of evidence and my metro card is a full priced fare, that clearly means i don't have a disability card and i didn't use one. But this's not the end yet, now after all her searching, my metro card is missing, and she asked me where is it? I really want to know where is my metro card myself, I looked around on the floor and said," it may drop it somewhere while her searching or I dropped it on the floor?" Then right way she said,"O.K. you will get a summons for littering in public!" I said that I didn't littering,I didn't throw my metro card because I still need it and even if it on the floor I didn't do it intentionally, I asked her if she saw that I throw it on the floor or anyone saw it. but she refuse to listen and starting write the ticket, and said again that if I still saying anything I will get arrest. So she hold me for about thirty minutes, then let me go with a littering ticket.

I was very angry about the way she treated me. It just because she is a policewoman and when she couldn't find any proof of evidence on someone, then she can give that person whatever the ticket she wants to give? This is not fair! I have a feeling that because she's ashamed that she spent almost half hour on searching me and could not find any evidence, so she fabricated other evidence to restore the situation.

Please guide me what should I do or any statement I can use on the court. Thanks so much for you time.

I think you should go to the police dept. and file a complaint concerning the behavior of this officer. This is pure harassment and maybe even a violation of your civil rights.

This officer had no probable cause to confront you and ended up giving you a fabricated charge as well. At the very least, a complaint should be filed explaining exactly what you posted in this forum except maybe you should clean up the spelling and grammar a bit. Good luck.

 

[Handcoc]

Sometimes cops treat people like crap, you can treat them like crap too; its america...get over it.

Go to court over the ticket if you wish.

 

[patstew]

Sometimes cops treat people like crap, you can treat them like crap too; its america...get over it.

And sometimes people make up stories about cops doing stuff.

I'm just sayin'.

 

[zhizhi2]

Thanks for your time and advice Willlyjo. I've just sent a request for hearing by mail with a letter of explanation what happened to me that day. English is my second language and I know I should work harder on my grammar and wording.

Thanks again.

 

[You Are Guilty]

Thanks for your time and advice Willlyjo. I've just sent a request for hearing by mail with a letter of explanation what happened to me that day. English is my second language and I know I should work harder on my grammar and wording.

Thanks again.

Was the ticket returnable in "TAB" or "Criminal Court"? (What address are you supposed to go to on the court date?) Each one works very differently than the other.


PS: Your English is better than most of the people posting here born in this country, don't worry about that part.

 

[Handcoc]

And sometimes people make up stories about cops doing stuff.

I'm just sayin'.

OK Mr. Williams lol ... of course, different people have their own opinion on how they should be treated. Look at Zsa Zsa..

I have been clunked in the head by cops before .. mostly deserved it. Clunk, clunk, clunk .. on your way boy ...

 

[zhizhi2]

Was the ticket returnable in "TAB" or "Criminal Court"? (What address are you supposed to go to on the court date?) Each one works very differently than the other.


PS: Your English is better than most of the people posting here born in this country, don't worry about that part.

Hi You Are Guilty,
Thanks for your encouragement.
The name of the place is called Transit Adjudication Bureau, at 29 Gallatin Place 3rd floor, in Brooklyn, NY. and the hearing date is on June 17, 2011. Someone suggested me to hire an attorney but I am afraid of that I can't afford one.

 

[zhizhi2]

And sometimes people make up stories about cops doing stuff.

I'm just sayin'.

Your 'saying' is absolutely not true on my case though, please say something that helpful.

 

[You Are Guilty]

Hi You Are Guilty,
Thanks for your encouragement.
The name of the place is called Transit Adjudication Bureau, at 29 Gallatin Place 3rd floor, in Brooklyn, NY. and the hearing date is on June 17, 2011. Someone suggested me to hire an attorney but I am afraid of that I can't afford one.

Transit Adjudication Bureau = T A B

It's not a "court of law", its an administrative agency. All you need to know about it is that you can contest the ticket in person or by letter:

I was issued a transit adjudication bureau summons for violating a Subway rules. What do I do?

If you have any questions regarding a Transit Adjudication Bureau Notice of Violation (or "TAB summons") that you received for violating a subway rule, you may contact the Transit Adjudication Bureau via phone (347-643-5805) during normal business hours or in writing at the below address. For the best service, please have your summons available when speaking to a TAB representative.

Transit Adjudication Bureau
PO Box 02-9133
Brooklyn, NY 11202-9133


You may appear in person between the hours of 8AM and 2:30PM to request a hearing or have your questions answered at:

Transit Adjudication Bureau
29 Gallatin Place, 3rd Floor,
Brooklyn, NY 11201

But they do not dismiss a lot of tickets. Most of the time, you will get a fine, anywhere from $25 to $100 usually. I doubt a lawyer would be able to help you much, and would almost certainly cost you more than any potential fine would.

I don't know if this link will work, but there are a lot of old questions about TAB and how it works:
https://forum.freeadvice.com/search.php?searchid=3330744


Good luck.

 

[randomguy]

You're guilty as charge, pay up. Who do you think they will listen to , you or the officer? If you guess the officer you are correct. You can fight this if you want but at the end of the day you will pay up. The state is hurting and this is your tax bill.

 

[The Occultist]

You're guilty as charge, pay up. Who do you think they will listen to , you or the officer?

Alright, you've seemed to have captured the generic spirit of the board which is to decide that somebody is guilty just because they posted a question. I'm not saying that most of the vets actually do this, but a lot of threads seem to end up with posters attacking the OP based on...well, nothing. So, please tell me: how is the OP guilty of littering? I'm very curious...

 

[randomguy]

Alright, you've seemed to have captured the generic spirit of the board which is to decide that somebody is guilty just because they posted a question. I'm not saying that most of the vets actually do this, but a lot of threads seem to end up with posters attacking the OP based on...well, nothing. So, please tell me: how is the OP guilty of littering? I'm very curious...

It's pretty simple, when op goes to court judge will listen to both sides and rules against op. It got nothing to do with capturing generic spirit of the board, but have to do with common sense. OP is welcome to hire an a lawyer to fight this and likely win except how much will it cost vs just paying a ticket?

 

[The Occultist]

Just because you think it likely that the agency would rule against her doesn't mean that she is guilty as charged.

 

[randomguy]

Just because you think it likely that the agency would rule against her doesn't mean that she is guilty as charged.

It's 100% guarantee that she will not win. Unless she hires an attorney who gets copy of surveillance video chances of wining is zero. So yes she is guilty as charge and should just pay up her tax bill.