What is the name of your state (only U.S. law)? NY
In NYC at the 34th Street station I entered at 35th & Broadway. I paid the fare at the turnstile, I swiped the Metro card. The Card Reader Display (in green) showed the amount paid $2.75 and the balance which was 6.change. The turnstile (full floor to ceiling) locked and wouldn't open (possibly because I may of grabbed it and moved it backwards slightly instead of forward. This once happened to me at a commercial enterprise that operates the same turnstiles used in the subway system). Someone was holding an Exit Gate open slightly and letting people through.(I assumed that he was with the MTA, But it seems he may of been working with the cops or....). I came to the Exit Gate with my Metro Card in hand and said that I paid my fare. He swung open the gate and said "you know that you should go upstairs and speak to.... I passed the gate and continued walking. About 50 yards in as as I was turning to go down the stairs I was confronted by someone coming from behind. He showed his badge and said that I didn't pay the fare. I told him that I did and the turnstile locked so I used the Exit Gate. He maintained that I used the Exit Gate because I didn't pay the fare. He then asked for ID and started to write a summons.
I took the summons and continued on my way. At the last leg of my route I took a bus. I got the transfer from my paid fare at the 34th. Street station.
When I arrived I called The Transit Adjudication Bureau explaining that I just today got this summons and that I paid. They said that I can come any time and they could get the information from the card.
The next day I went to court. I got a hearing. I stated the above, I spent 2 1/2 hours there and they adjourned the case.
This is what it said;
On the motion of:
The hearing on the above-noted matter is adjourned to: **/20/15 (20 days from this hearing)
The Respondent: May adjudicate by mail or appear in person for a hearing on or before the adjourned date.
Note: All mail must be received by TAB no latter then the adjourned date.
Reason For Adjournment:
The respondent must appear in person for a hearing or must submit a sworn statement in his/her words describing his/her conduct, the event which led to the issuance of the Notice of Violation on **/08/15, and his/her defense to the charge of 1050.4(A)
Respondent is charged with "po observed defendant walking through an exit gate w/o legal payment of fare".
Respondent states he was traveling alone. He swiped his metrocard #2645240***, to no avail, whereupon he entered the system via the gate. A review of the merocard's history does not yet reveal any usage for **/08/15, as the same was merely the day before the date of this hearing and sufficient time has not transpired to enable a review of the card's history. Accordingly, this matter is adjourned so that enough time will pass to create the online history to this metrocard. By the adjourn date, same will be accessible and TAB will secure it. To appear by mail, respondent may submit a signed and sworn statement describing the incident in its entirety.
1- Should I appear in person or by mail. (notice- my statement was that I paid, I visually saw the transaction on the MTA turnstile reader and received a transfer with this fare. That's not exactly what the adjournment decision says).
2- If I appear by mail, do I submit a sworn statement "I declare under penalty of perjury that the aforementioned is true." and sign as indicated by the court or do I have to make a written statement sworn to before a Notary Public"
3- Why did the Hearing Officer not read the information on the card? Don't they have this capability in court?
4- How can I get the card's online history?
5- How can I get a readout from the card. Will it have the relevant information about the card activity? time and station?
In NYC at the 34th Street station I entered at 35th & Broadway. I paid the fare at the turnstile, I swiped the Metro card. The Card Reader Display (in green) showed the amount paid $2.75 and the balance which was 6.change. The turnstile (full floor to ceiling) locked and wouldn't open (possibly because I may of grabbed it and moved it backwards slightly instead of forward. This once happened to me at a commercial enterprise that operates the same turnstiles used in the subway system). Someone was holding an Exit Gate open slightly and letting people through.(I assumed that he was with the MTA, But it seems he may of been working with the cops or....). I came to the Exit Gate with my Metro Card in hand and said that I paid my fare. He swung open the gate and said "you know that you should go upstairs and speak to.... I passed the gate and continued walking. About 50 yards in as as I was turning to go down the stairs I was confronted by someone coming from behind. He showed his badge and said that I didn't pay the fare. I told him that I did and the turnstile locked so I used the Exit Gate. He maintained that I used the Exit Gate because I didn't pay the fare. He then asked for ID and started to write a summons.
I took the summons and continued on my way. At the last leg of my route I took a bus. I got the transfer from my paid fare at the 34th. Street station.
When I arrived I called The Transit Adjudication Bureau explaining that I just today got this summons and that I paid. They said that I can come any time and they could get the information from the card.
The next day I went to court. I got a hearing. I stated the above, I spent 2 1/2 hours there and they adjourned the case.
This is what it said;
On the motion of:
The hearing on the above-noted matter is adjourned to: **/20/15 (20 days from this hearing)
The Respondent: May adjudicate by mail or appear in person for a hearing on or before the adjourned date.
Note: All mail must be received by TAB no latter then the adjourned date.
Reason For Adjournment:
The respondent must appear in person for a hearing or must submit a sworn statement in his/her words describing his/her conduct, the event which led to the issuance of the Notice of Violation on **/08/15, and his/her defense to the charge of 1050.4(A)
Respondent is charged with "po observed defendant walking through an exit gate w/o legal payment of fare".
Respondent states he was traveling alone. He swiped his metrocard #2645240***, to no avail, whereupon he entered the system via the gate. A review of the merocard's history does not yet reveal any usage for **/08/15, as the same was merely the day before the date of this hearing and sufficient time has not transpired to enable a review of the card's history. Accordingly, this matter is adjourned so that enough time will pass to create the online history to this metrocard. By the adjourn date, same will be accessible and TAB will secure it. To appear by mail, respondent may submit a signed and sworn statement describing the incident in its entirety.
1- Should I appear in person or by mail. (notice- my statement was that I paid, I visually saw the transaction on the MTA turnstile reader and received a transfer with this fare. That's not exactly what the adjournment decision says).
2- If I appear by mail, do I submit a sworn statement "I declare under penalty of perjury that the aforementioned is true." and sign as indicated by the court or do I have to make a written statement sworn to before a Notary Public"
3- Why did the Hearing Officer not read the information on the card? Don't they have this capability in court?
4- How can I get the card's online history?
5- How can I get a readout from the card. Will it have the relevant information about the card activity? time and station?
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