Transit Adjudication Bureau ticket for doubling up

[meganallyson]

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

My boyfriend and I received a citation last night for doubling up when going through the turnstile. I purchased a 30 day unlimited pass in September that was good through October 16th. The incident happened on October 11 at around 2 am. My Metrocard was not registering in the turnstile, so my boyfriend swiped his card through and we went in together. We each received a ticket for $100. I have looked at the rules of conduct and this is what it states regarding payment:

"No person shall use or enter upon the facilities or conveyances of the Authority, for any purpose, without the payment of the fare or tender of other valid fare media used in accordance with any conditions and restrictions imposed by the Authority. For the purposes of this section, it shall be considered an entrance into a facility or conveyance whenever a person passes through a point at which a fare is required or collected. No person shall, for purposes of gaining entry into a facility, proceed over or under any turnstile or otherwise proceed in any other unauthorized manner through an exit gate or through or past any other point at which a fare is required or collected and it shall be no defense to a charge of a violation of this subdivision that fare media, a fare media sales device or a fare collection device was malfunctioning."

I am thinking of fighting my ticket and here is my argument: I don't think that the fare collection device or my card was malfunctioning. My card wasn't being read. I argue that I did pay my fare because I paid $89 for a Metrocard that was good through October 16th. So when I used it on October 11 I legally had a right to take the train because I paid the monthly fee. My boyfriend swiped his card so he paid his fare as well. What are my chances of prevailing at a hearing with this argument?

Also I am a law student with no money in my budget to pay a ticket so would it be possible for me to win any sympathy points if I went in there and respectfully asked to be found not guilty?

I would really appreciate any constructive advice or knowledge regarding this matter.

[You Are Guilty]

Originally Posted by meganallyson

What are my chances of prevailing at a hearing with this argument?

I'm not a math major, but I believe the term you're looking for is "slim to none".

Originally Posted by meganallyson

Also I am a law student with no money in my budget to pay a ticket so would it be possible for me to win any sympathy points if I went in there and respectfully asked to be found not guilty?

Are you kidding? Are you a law student or a comedian? You honestly think the TAB is going to cut you a break because you're a law student? But if you should decide to go with this one, please come back and let future fare-evaders know how it worked out for you.

I would really appreciate any constructive advice or knowledge regarding this matter.

If you click search-->advanced search and look for threads about "transit adjudication bureau", you'll find a wealth of information from prior metro-card tickets. I suggest you read a few before you contest your ticket.

Good luck.