CalTrain Issue

[undergroundthry]

Uncertain Citation

What is the name of your state? San Jose, California

Hi,

I'm new here and I'm also new with the California Judicial System.

I'm a sophmore at Bellarmine College Prep in San Jose. I commute daily to and from school by the use of CalTrain.

I recently received a citation for "misuse of fare media". Here's my story:

It was a Tuesday, the week right after winter break. The ticket validator for 10-ride tickets was broken. I could not validate it. The train arrives and I board the train. My destination is San Antonio, boarding from College Park. Anyways, I board the train and sit down with my friends. We arrive at the Santa Clara stop (one stop after College Park) and then continue our journey. I had just remembered that I hadn't stamp my ticket, so I was going to go get my ticket stamped by the conductor. By this time, we were nearing Lawrence Station (stop right after Santa Clara). I go up to the conductor and she writes me a citation for not getting my ticket stamped at the beginning of the ride. I told her I forgot to, but soon after remembered I had an unstamped ticket. What she marked on the ticket was:

Penal Code: 640(b)(2) PC - Misuse of Fare Media - Infraction

The few questions I have are:

1. Is this a traffic infraction or a criminal offense?
2. I know that I can't go to jail for this, but what punishments may I legally receive. I understand I must pay a $250 fine and/or community service, but can they take away my privellage to drive (as I have not received my driver's permit yet). I am uncertain because I am a juvenille and I am unsure if those laws apply to me or not.
3. I received in the mail a pink slip, but that's all I received. If I want to pay for the fine, do I go to court to receive it?
4. There are two locations that are written on the form. One at the top of the citation and one at the bottom in code.

The address at the top reads:
Name of court: Traffic Court
Street Address: 935 Ruff Dr.
City and Zip Code: San Jose, CA 95110

The location at the bottom reads:
Location of violation should be changed from:
Blank to SC

I am not sure which to attend.
5. What is traffic court like, based on personal experience.

My trial date is 4/5/05, and if I could have these questions answered before then, it will make me feel much more comfortable and confident as to what to expect.

 

[CdwJava]

Call the traffic court to find out where you need to go. Not seeing the citation, I can only guess, but I am assuming that "SC" stands for "Superior Court" ... but those citations are commonly heard in traffic court - even if you are a juvenile it may be held in traffic court on Ruff.

I grew up in SJ and knew many a Bell ... uh, they are still called the Bells, aren't they?

And for those that roll their eyes at that nickname, if you ever played them in football (or ANY sport) in the 70's, that roll of the eyes wouldn't last long on the field or court.

- Carl

 

[undergroundthry]

Haha yes...we're still called the Bells. We have an outstanding football team (Varsity), and other sports, but then again, many consider our school a "jock school".

Anyways, back to the question. If I could get some answers soon, that'd be really helpful.

 

[CdwJava]

Anyways, back to the question. If I could get some answers soon, that'd be really helpful.

Call the traffic court at Ruff Dr. tomorrow morning. Ask them where you need to show up.

1. Is this a traffic infraction or a criminal offense?

Criminal offense ... but then, in CA even an infraction is criminal. An infraction is only punishable with a fine, however.

2. I know that I can't go to jail for this, but what punishments may I legally receive. I understand I must pay a $250 fine and/or community service, but can they take away my privellage to drive (as I have not received my driver's permit yet). I am uncertain because I am a juvenille and I am unsure if those laws apply to me or not.

I do not believe this will effect your license at all.

3. I received in the mail a pink slip, but that's all I received. If I want to pay for the fine, do I go to court to receive it?

Not sure what a "pink slip" is all about. Again, a call to the court may answer this.

Also, it is possible that this will be heard in a special juvenile court - traffic or otherwise. This may preclude them from submitting a fine ahead of time so you may have to show up in court.

4. There are two locations that are written on the form. One at the top of the citation and one at the bottom in code.

I presume that the Ruff Dr. address will be good either way and that the bottom stands for "Superior Court" ... why it's there, I couldn't say.

5. What is traffic court like, based on personal experience.

If it's juvenile court, your case will possibly be heard seperate from others. But if it's heard in traffic court, you will be there with a lot of other people ... you will likely be asked if you wish to accept the decision of a judge pro tem (temporarily assigned judge) or a traffic commissioner in lieu of a full-fledged judge .... if you accept, then your matter can be heard that day.

When it comes time to testify, you will be asked to step to one side of the court (at a tablke or podium) and the officer to the other side. The issuing officer will be asked for his account of the events leading to the ticket. You will then be directed to ask questions of the officer, if you wish. After the questions, you may present your defense ... essentially an argument why you didn't do it, or why you made a reasonable mistake. Keep in mind that a mistake is as good as a confession in this case. So if you admit that you "forgot", it's likely all over. However! The judge may find this to be no big deal and take mercy upon you at sentencing.

You can expect a fine, and MAYBE some community service out of this. But a fine will probably be about it.

And on the Bells note, your school was always good at sports, but they had a darn excellent academic program as well! Everyone I knew that went there went on to top schools. It USED to be all boys (and a Catholic school) ... I'm not sure if it still is only for boys, but that sure helped them recruit strong teams.

And then there were the dances with the girls from St. Francis.

- Carl

 

[undergroundthry]

Thanks. You know a lot about Bellarmine. It still is an all guys school and probably will be till the end of time. I discovered that the "SC" means Santa Clara.

And about how long does the whole process last because the court session day is on a school day?

So what I should say in my defense is the story I told (which is true), and then at the end admit that it was an honest mistake.

EDIT:

Here's the website for the traffic court. http://www.sccsuperiorcourt.org/contact/contacts_traffic.htm

I don't believe they try juvenilles, so I'll just have to have a regular court trial.

 

[hemingway]

http://www.sccsuperiorcourt.org/traffic/default.htm



http://www.scselfservice.org/traffic/default.htm
I am not a lawyer. good luck!

 

[undergroundthry]

So I am sentenced to a traffic court, not a criminal

 

[undergroundthry]

So how should I defend my case?

Tell the story, then say it was a forgetful mistake and it won't happen again?

Hopefully they'll let me off.

Oh yes. And I will attend traffic court with in a suit and tie.

 

[hemingway]

did you go to court?

 

[BelizeBreeze]

So how should I defend my case?

Tell the story, then say it was a forgetful mistake and it won't happen again?

Hopefully they'll let me off.

Oh yes. And I will attend traffic court with in a suit and tie.

Now THAT is funny. Obviously you've never dealt with Cal-Tran