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Transit Adjudication Bureau Ticket

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StandardToaster

Junior Member
What is the name of your state (only U.S. law)? New York

I'm 17, and today, against my better judgment, I "doubled up" with a friend in the subway on our way back home. He forgot his card and I couldn't resist his doe-like eyes. I'll say it right now: I made a mistake and I know what I did was illegal. Thanks for your input, YAG ;). Obviously, I regret it and I won't ever do it again.

However, I was wondering if I could possibly dispute the charge (I'd rather not show up just to be turned down--the hearing is in Brooklyn and I live in Queens). Basically, what want to dispute is the justness of the rule, not the validity of it (I broke it, and I fully admit it). Tell me I can't do it or bear with me while I justify that claim.

I don't believe I stole anything or caused any harm to anyone. Obviously, jumping the turnstile as an adult is theft. Obviously, jaywalking is poses a threat to both the jaywalker and drivers who swerve out of the way. In fact, if my friends cross on the red, I wait it out (this is starting to sound like moral justification and self-meditation). As a student, however, I'm given my pass for free. I have read the clause and I know "payment" consists of any "valid fare media" which includes my card. However, my three daily rides have been paid for already by taxpayers, which include my parents. In actuality, I didn't pay the fare, but in theory, it had already been paid. In my own view, my action also hardly seems like a serious crime that starts my path to delinquency.

Will this argument hold, or should I just pay the fee?

Thanks in advance.
 
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Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? New York

I'm 17, and today, against my better judgment, I "doubled up" with a friend in the subway on our way back home. He forgot his card and I couldn't resist his doe-like eyes. I'll say it right now: I made a mistake and I know what I did was illegal. Thanks for your input, YAG ;). Obviously, I regret it and I won't ever do it again.

However, I was wondering if I could possibly dispute the charge (I'd rather not show up just to be turned down--the hearing is in Brooklyn and I live in Queens). Basically, what want to dispute is the justness of the rule, not the validity of it (I broke it, and I fully admit it). Tell me I can't do it or bear with me while I justify that claim.

I don't believe I stole anything or caused any harm to anyone. Obviously, jumping the turnstile as an adult is theft. Obviously, jaywalking is poses a threat to both the jaywalker and drivers who swerve out of the way. In fact, if my friends cross on the red, I wait it out (this is starting to sound like moral justification and self-meditation). As a student, however, I'm given my pass for free. I have read the clause and I know "payment" consists of any "valid fare media" which includes my card. However, my three daily rides have been paid for already by taxpayers, which include my parents. In actuality, I didn't pay the fare, but in theory, it had already been paid. In my own view, my action also hardly seems like a serious crime that starts my path to delinquency.

Will this argument hold, or should I just pay the fee?

Thanks in advance.
Just pay the fee...

It's much easier than testing out your new stand-up routine.
 

StandardToaster

Junior Member
Just pay the fee...

It's much easier than testing out your new stand-up routine.
Hah, I definitely wasn't going to say that to the board. "He's my friend" is definitely not a good argument. I still want some more input on whether the other paragraph a valid basis of defense.

I agree that it'd be easier to pay the fee, but if there's a chance...I don't want to sound corny (or even facetious to some like Zigner) but principle is sort of at stake here.
EDIT: And $100.
 

Zigner

Senior Member, Non-Attorney
Hah, I definitely wasn't going to say that to the board. "He's my friend" is definitely not a good argument. I still want some more input on whether the other paragraph a valid basis of defense.

I agree that it'd be easier to pay the fee, but if there's a chance...I don't want to sound corny (or even facetious to some like Zigner) but principle is sort of at stake here.
EDIT: And $100.
You have stated nothing that will present a valid defense.
 

racer72

Senior Member
You don't have a valid reason to have the citation dismissed. You misguided reasoning and $3 will buy you a cup of coffee, nothing more.

As a student, however, I'm given my pass for free. I have read the clause and I know "payment" consists of any "valid fare media" which includes my card. However, my three daily rides have been paid for already by taxpayers, which include my parents. In actuality, I didn't pay the fare, but in theory, it had already been paid. In my own view, my action also hardly seems like a serious crime that starts my path to delinquency.
Congratulations, your post is the first entry for 2011 in the lame excuse of the year contest.
 

StandardToaster

Junior Member
You don't have a valid reason to have the citation dismissed. You misguided reasoning and $3 will buy you a cup of coffee, nothing more.


Congratulations, your post is the first entry for 2011 in the lame excuse of the year contest.
Well, it's not an excuse. I have no excuse for being stupid or breaking the rules. I'm not justifying my actions. I'm trying to justify whether it would be in my best interests to try a defense. I was just wondering if my reasoning would fly as a reason for dismissal.

EDIT: Also, thanks for the award, I don't usually win things. I find it interesting this particular site is full of cynics. I'm no student of law, nor do feel like I should expect help, but insults are kind of pointless.

EDIT2: I also can't afford or am willing to buy coffee for 3 bucks. Thanks for your input, nonetheless. I'm starting to see paying the fee as the best course of action.

EDIT3: I'd also like to see where my reasoning fails, so I can edit it and learn something about the legal system while I'm at it.
 
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Dave1952

Senior Member
The MTA card was issued to you with the explicit instruction that it may only be used by the student to whom it is issued. How will you dispute that you violated this?

Good luck
 

You Are Guilty

Senior Member
When did I become the TAB Master? I never even got the framed certificate.

Anyway OP, your argument is, ah, "unique". The good news is that if that is the road you want to go down, the TAB cannot increase the fine. In other words, you have nothing to lose by trying (other than your dignity, I suppose).

Alternative arguments you might want to consider, albeit only very briefly:
- Sleepwalking;
- You and BF are actually co-joined twins and were just recently surgically separated;
- Practicing for the 100-meter hurdles at the upcoming Empire State Games;
- It was your evil twin;
- The consensus of FreeAdvice posters is to let you "slide" on this one because you have better grammar than most posters complaining of subway tickets.


PS: While I don't know what neighborhood in Queens you live in, the F, N and R all stop within ~2 blocks of the TAB office. You can be there in under an hour ;)
 

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