Entered without payment

[dbarnes2]

I got a very unnecessary ticket from the New York City MTA. The emergency exit door next to the turn stiles was open and being very tired, distressed and distracted on my cell phone, I obliviously walked through. I have an unlimited metrocard so it was just an honest mistake and I attempted to explain this to the policeman (who was incredibly rude).
But they issued me a ticket and I'm supposed to pay $100 fine, which is ridiculous.
Also, I am from Virginia and they told me if I called the NYCTA they would dismiss the ticket since I was visiting. I called and they told me they couldn't do that.
So now I have to either go up in two months for an in person hearing or request a by mail hearing to try and get this dismissed.

I was wondering what chance I have in getting the fine revoked and if it would be better off going to the in person hearing or the hearing by mail.
please please help! thanks!

 

[Zigner]

I got a very unnecessary ticket from the New York City MTA. The emergency exit door next to the turn stiles was open and being very tired, distressed and distracted on my cell phone, I obliviously walked through. I have an unlimited metrocard so it was just an honest mistake and I attempted to explain this to the policeman (who was incredibly rude).
But they issued me a ticket and I'm supposed to pay $100 fine, which is ridiculous.
Also, I am from Virginia and they told me if I called the NYCTA they would dismiss the ticket since I was visiting. I called and they told me they couldn't do that.
So now I have to either go up in two months for an in person hearing or request a by mail hearing to try and get this dismissed.

I was wondering what chance I have in getting the fine revoked and if it would be better off going to the in person hearing or the hearing by mail.
please please help! thanks!

Are you allowed to enter through the emergency exit? If not, then why do you think the ticket wasn't justified?
Sorry if it's too much trouble to follow the rules like everybody else.

 

[seniorjudge]

very tired, distressed and distracted on my cell phone

Doesn't that describe everyone riding the NY subway?

 

[You Are Guilty]

Prior attempts at using that "defense" have not gone that well:

https://forum.freeadvice.com/small-claims-courts-24/got-busted-out-metrocard-235484.html

https://forum.freeadvice.com/other-crimes-federal-state-4/nyc-transit-ticket-after-hearing-decision-postponed-520568.html

https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/nyc-mta-section-1050-4-fare-evasion-439757.html

https://forum.freeadvice.com/small-claims-courts-24/entering-without-swipe-card-mta-ticket-477621.html

https://forum.freeadvice.com/parking-tickets-non-moving-violations-44/nyc-subway-violation-511446.html

https://forum.freeadvice.com/small-claims-courts-24/can-i-get-my-ticket-mta-nyc-repealed-if-so-how-514072.html


As you can see, your situation is far from rare.

 

[xylene]

So now I have to either go up in two months for an in person hearing or request a by mail hearing to try and get this dismissed.

You have ZERO chance of getting a dismissal if you do this by mail.

The by mail hearing is simply to find to you guilt and send you a bill.