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Citation for fare evasion on Los Angeles Metrolink. Had left ticket (monthly pass) at home. Can I contest?

Glendora, CA |

I bought a pass for the month of November, but yesterday, I had happened to forget it at home. I recieved a citation for not having it on me. In the Californa penak code Section 640 B, it states that "If an eligible discout user is not in posession of acceptable proof at the time of request, any citation shall be held for a period of 72 hours to allow the user to produce acceptable proof. If proof is provided, the citation shall be voided". Is this only about not having proper identification, or does it extend to tickets as well? I have the ticket as well as my bank statement proving when I bought it and my student identification card. What should I do?

Attorney Answers 2

Posted

I haven't run into this before but I take it to mean that the citation shall be voided if you prove that you have a monthly pass within 72 hours. So I would take in what you've got and go for it. It sounds to me it will be dismissed.

Best,

Jason Beahm
Beahm Law
www.californiacleanrecord.com

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Posted

It doesn't sound like this section about proof of eligibility for discounts ywas intended to apply to you, or to the tickets themselves.

Leaving your monthly pass at home isn't addressed in this section, and I doubt it's addressed elsewhere, but I also doubt that you have anything to lose by trying to contest the citation, maybe you'll catch a break.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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