Wednesday, March 9, 2011

Failure to Pay


There was another apparent fight/stabbing last night at Gallery Place/Chinatown. Seems, however, the Metro police have smaller fish to fry.

Has this sort of thing happened to anyone else (2 stories)?

From Anonymous:
I am looking for any information on citations for “failure to pay” Metro fare.

One evening after work, during rush hour, I was leaving New York Ave. I swiped my SmarTrip, walked through the turnstile and was headed out when I heard “Excuse me, excuse me …”

I kept walking until the voice got louder and louder. I turned around, wondering who was not listening to this voice. I was surprised to see a Metro police officer looking directly at me.

He asked me to return to the booth, which I did. He asked to see my SmarTrip, which I gave him.

He entered the booth where I couldn’t see what he was doing, nor could I speak with him.

When I opened the door to ask him questions, he told me to shut it.

Finally, he opened the door informed me my card was broken and asked for my identification.

I figured it was to see if that card was really registered to me or not.

I handed him my license, and he informed me that my card was not registering and that he was issuing me a citation.

The whole situation was weird. It took a while for it to sink in that he was actually giving me a ticket for not paying even though I had a SmarTrip.

I asked him what the citation was for, and he said it was for “failure to pay.”

I had to keep opening the booth door to ask questions, and he kept repeating that I could ask questions at the hearing and to shut the door.

I asked why the fare gates opened if the card was broken, and he said I was “piggybacking.”

When I tried to explain that my spouse and I have several SmarTrip cards between us, but that I was pretty certain this one had money on it, he ignored me, and told me to explain it at the hearing.

He said I held my hand weird when I was leaving, and I pointed out that in the past, my card has registered from my coat pocket, from my wallet and from my purse. Again, he told me to shut the door and explain it at the hearing.

I was really upset when I read the citation--which was for $50--and included language saying that if I don't pay the ticket or show at the hearing, an warrant for my arrest will be issued.

I feel like a criminal.

I decided to follow up with a court date.

To arrange that, I had to go to one of several locations listed on the back of the citation. When I got there, the people working there had clearly not had someone come in with a citation like mine from Metro.

When I explained my situation, one of them commented, "Why didn't he just have you go pay for a new ticket?"

I waited and waited and eventually they gave me a court date.

Then she exchanged my citation for a sheet of paper which listed my name and the following:

"You have been arrested and charged with the following criminal offense: Failure to pay established fare rail."

It went on "You are being released from police custody upon your promise that you will appear as further specified below..."

I had to sign it on a blank that said "signature of arrested person." I pointed out that I wasn't arrested. The person working there said, "Well they gave you a citation instead of bringing you in."

Seriously, I don't even think I've had a moving violation in the 15-plus years I've lived in this city, and now I'm signing at the line that says "arrested person."

Anyway, my court date is approaching quickly and any thoughts or suggestions would be most welcome.
Here's another, similar sounding case From Leslie:
On Jan. 27, around 5:25 p.m., I got off an Orange Line train at New Carrollton.

I ride the Metro every day to and from work.

However, on this particular day, Metro Transit Police were at New Carrollton.

As I swiped my SmartTrip, card to exit, a Metro Transit Police officer approached me and asked to see my SmartTrip card.

Per his request, I gave it to him. He examined the card and asked “how much money do you have on your card?”

Puzzled by his questions and needing to catch a 5:35 bus, I answered “about 5 bucks.”

He then asked me to follow him.

He escorted me to the station manager's booth, scanned my card and said “I’m going to let you go today.”

There are several issues with this incident:

1.What violation (if any) was committed?
2.Why didn’t he state the problem (if any)?
3.What exactly did the officer mean by “let you go today? ” Was I being detained for swiping my SmartTrip card?

This incident felt like harassment.

As a regular rider, I did not appreciate the embarrassment of being stopped by an officer so that he can 1) look at my card (my card looks like everyone else's, I'm sure), 2) ask me to follow him to the booth so that he could "check" my card, and 3) infer that I was being detained for an infraction he did articulate.

People are being beaten in the Metro, the Orange Line is being robbed, people are getting hit by trains, there are flashers on the Metro, and the Metro Transit police are harassing a working girl about a SmartTrip card?

It causes me to believe that all the crime is happening on the Metro because the Transit Police spend their time harassing patrons and "examining" SmartTrip cards.
Related:
Metro cop's misplaced rage?

Other items:
Woman fends off would be iPhone robbery (TBD)
Teens on Metro, they do grow up (WaPo)
Metro plans Blue Line split (WaPo)
Pipe design flaw hurts Metro's ability to fight fires (Examiner)

Comments (138)

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This is irritating to read. A churlish little miscreant piggybacked on my fare this morning, and when I stopped shortly after exiting the fare gate, he punched me in the back and ran off.
4 replies · active less than 1 minute ago
Quit whining. You want people to get away with fare jumping? Do you know what kind of people fare jump?

I was also questioned once about whether or not I had swiped my smarttrip or whether I had "piggybacked". The station manager at Silver Spring stopped me after I entered and asked to see my card.

Initially I was angered and thought I was being harassed, but then I realized it was a Metro employee doing his job...to prevent illegal activity like fare jumping and ensuring that everyone pays.

He checked my card in the booth, saw that I had indeed swiped my card, and I was quickly on my way.

I'll take that kind of employee over a sleeping station manager any day.

If you have money on your card and you swiped it like everyone else, it isn't an issue.
10 replies · active 635 weeks ago
I have no problem with ferreting out cheaters, but both these cases seem like overkill. I wonder if the writers are both women. We all know a lot of Metro employees are quick to "flirt" with the ladies.
My card doesn't always work at the turnstile (what is the right word for these things in the modern world?)
To make matters worse my home station is Columbia Heights. Do you know what it's like to exit Columbia Heights at 6:30 on a weekday? I hang back so that I am at the end of the cue to leave because if (and when) my card does not work I have to remove myself from the cue and don't want a horde of travelers pushing me through. And to make matters even worse, the turnstile that does work has a broken display (no display) so that I don't know if the thing has taken my fare or if indeed I might be piggybacking. I also worry about the barrier closing on my legs, which it has done, because the card didn't register.
Luckily I only this station once a week.
4 replies · active less than 1 minute ago
Meredith's avatar

Meredith · 733 weeks ago

I think that I've possibly piggybacked on people accidentally (truly accidentally) when the LED displays don't work and there's no way to know if my card was swiped or not. I really cannot tell you for sure if I have or if I haven't, but I can say that I've never intentionally done so. In these situations, it would be incredibly easy for someone to go through without paying, even if they didn't mean to and I don't see how someone could be held responsible for non-functioning displays.

If the displays are working, that's another story. But if they weren't, my advice to the first writer is to get a lawyer. I would never have signed a document identifying myself as an arrested person without a lawyer's advice unless I had actually been arrested. Were you read your Miranda rights? Unlikely. Get a lawyer. Make an example of them. Maybe then they'll focus on the people getting beaten and stabbed on a regular basis.
2 replies · active less than 1 minute ago
A few years ago at Pentagon Station a person from the manager box yelled at me and followed me down the platform after I entered the gate. It was obvious that he thought I did not pay – but he found I did after he scanned my card. Honestly I don’t expect to get yelled at in a crowded station so I was not paying attention to his yelling. My best guess is that I don’t stop and wait that the fair gate like some, as soon as a person scans and moves into/out of the gate I scan my card and move on.

I think only once in say six years have I had an issue with my card where maybe it was not read. Reading past stories here I wonder if the people in front of me think I’m not paying, since I don’t feel like waiting a long time for them to move through the gate before I scan… Those gates are supposed to function, so there should be no need to wait for people to completely clear the gates before the next person scans.
I'm sorry, but the Metro police simply don't have the manpower to concern themselves with this foolishness.
Bullshit, You people know that you are cheating the system.
3 replies · active less than 1 minute ago
I got stopped this morning by a Metro cop. He asked to see my card, glanced at both sides, and sent me on my way. I suspect this was to make another interaction seem like a random inspection. Security theater at it's finest.

If Metro wanted to prevent "piggybacking", they should have installed actual turnstiles that can only let one person in at a time. I can probably get at least five people to rush through a gate with one swipe.
1 reply · active less than 1 minute ago
Riders should protest this by literally piggybacking - give fellow riders piggyback rides while exiting! Good exercise too!
My suggestion to the first rider would be to HIRE AN ATTORNEY! Even if you are guilty of a criminal act, said act was not explained to you. If you were 'arrested' then your rights were not read to you. Going through the humiliation and all the motions of figuring out their system may have even caused you missed work and emotional damage. Sue the shit out of Metro, have them clearly define procedure in such situations, and LEARN YOUR RIGHTS as a rider and as a citizen subjected to the court.
22 replies · active 379 weeks ago
Orange Line Rider's avatar

Orange Line Rider · 733 weeks ago

These problems could easily be solved if WMATA could be bothered to fix the LED lights on turnstiles. I ride metro daily to and from work, and probably half the time I manage to go through turnstiles that don't have a working screen (but open when I use my smart-trip card regardless). Did I get charged? Who knows, but it's not my fault if I'm led to assume that I was, and I'm certainly not a "piggybacker".

I have yet to get harassed by a Metro Transit Authority or WMATA employee over this, but if they did I would certainly chew their ass off about it for having faulty equipment.
4 replies · active less than 1 minute ago
UnSuck Fan's avatar

UnSuck Fan · 733 weeks ago

Please do be careful, Anonymous Rider #1. While it was unfortunate that Metro Police gave you a citation, when I read “When I tried to explain that my spouse and I have several SmarTrip cards between us”, it made me concerned only in the fact that the officer didn’t focus on that statement too. While it might make sense to some other riders to have many SmarTrip cards in case some of them don’t have enough money or aren’t properly working, I wonder if that statement would give “actual tailgaters” an excuse to use when they get caught.
1 reply · active less than 1 minute ago
One take's avatar

One take · 733 weeks ago

So why exactly are transit police officers stopping daily commuters and professional people while the Jeter Thug Gangs run free? Note to Transit Police – the problem, the criminals are not working people. It’s the Govt. subsidized Sec. 8 Jeter Kids. Why does this even need to be said?

Perhaps this has to do with Jeri Lee’s video from last month?
10 replies · active less than 1 minute ago
I also don't like the title of this post. It implies that these people were trying to cheat the system. I think the issue here is clearly Metro police harrassment of riders.
VeggieTart's avatar

VeggieTart · 733 weeks ago

It also sounds like a "guilty until proven innocent". The frist guy had his card. One should assume that the piggybacking was accidental and realized the problem almost certainly is with the fare gates. Is it possible that the card readers malfunction if people go through too quickly? Perhaps the pads need time to "recharge", so to speak. It also doesn't help that the LED display is flat. If it were raised, it would be more obvious whether one had paid and how much. If you've used a MetroCard in the NYC subway, it's easy to see how much is left on your card.

But that would make too much sense.
2 replies · active less than 1 minute ago
JacksonsGirl's avatar

JacksonsGirl · 733 weeks ago

Maybe Metro should just get rid of the cards all together and force us all to start using the paper cards again. That way no issues. I could SO see Metro doing something like that. I go from Shady Grove to Rosslyn almost every day, one morning a few months ago the gates were not working at Shady Grove and the attendent kept yelling for us to go through *he had opened the little turnstyle things* He said to make sure at your final stop to just tell the attendent there what was the issue. Well, I got to Rosslyn and went to the attendent. He looked at me like I was CRAZY! And he wouldn't let me through until he called the Shady Grove people. The whole system is screwed up, Shady Grove should have told ALL the stops what was going on. Metro just gets worse and worse. I can't wait until I'm done with school so I don't have to deal with them anymore.
4 replies · active less than 1 minute ago
I wouldn't trust 99% of these Metro employees to make me a cheeseburger at McDonalds, let alone have the authority to give me a $50 ticket.
It's clear that if you are in a $400 suit, you aren't trying to screw Metro out of $2. If they ask to see anything of mine, I will refuse. Everyone needs to refuse to comply with this non-sense.
7 replies · active less than 1 minute ago
This site SUCKS.

Metro cops and station managers trying to do their jobs and enforce payment at the turnstiles. And because a couple people are inconvenienced, the MTPD is harrassing people.

The only thing this site proves is that no good deed goes unpunished.
13 replies · active less than 1 minute ago
hrh king friday 13's avatar

hrh king friday 13 · 733 weeks ago

Well at least now we know how to get the attention of a Metro officer if your getting the crap beat out of you at a station during the middle of the day. Just start screaming "I didn't pay my fare" and they'll come running.
Judging by the stations these two "offenders" were exiting from, it seems that Metroing While Black has been added to Driving While Black as an offense worthy of police intervention.
1 reply · active less than 1 minute ago
Meanwhile, good luck if there's a fire in a Metro station:
http://washingtonexaminer.com/local/dc/2011/03/fl...
Just an obvious observation about piggybacking.
One would have to have entered the system illegally (i.e. without going through the faregate) in order to benefit from exiting.
As I am writing this the wheels in my brain are turning.
I guess you can piggyback on the way in as well as on the way out.
Excuse me for my brain freeze.
One has to have more respect for the piggybackers for their 2 step enterprise.
commenter's avatar

commenter · 733 weeks ago

Metro PD is clearly incompetent, they let fights and harrassing talk happen all the time in the same hot spots, the same stations, and never get it under control, then they target riders and punish them for what is at worst an honest mistake.

Metro is the definition of the faceless, responseless, utterly unnacountable bureaucracy. They make running trains looks like it's rocket science, and as this example so clearly demonstrates, the complete opposite approach to anything approaching customer service for their riders, who pay for Metro two times- taxes and fare. They couldn't care less.

I hope they get hauled in front of the House Oversight Committee.
5 replies · active less than 1 minute ago
Carlos Estevez's avatar

Carlos Estevez · 733 weeks ago

Ready for my next fastball, world? PLAN BETTER Applies to everything where an excuse now sits. Try it. U won't be wrong. Ever. #PlanBetter
<hrh king friday 13> your post is right on point! Just yell "I didn't pay my fare" the next time help is desperately needed to attact the full attention of MTP. That's quite sad, but in typical WMATA form.
After some research, the first poster appears to have been charged in violation of Title 35, Subtitle I, Chapter 2, Subchapter I, Section 35-216 of the District of Columbia Code, labeled "Failure to pay established rail fare."

According to this Code, and I quote, "No person shall KNOWINGLY enter or leave the paid area of a real transit station owned and/or operated by the Washington Metropolitan Area Transit Authority which is located within the corporate limits of the District of Columbia without paying the established fare or presenting a valid transfer for transportation on such public passenger vehicle or rail transit car."

Go to court and ask them to provide evidence that you KNOWINGLY left the paid area without paying the established fare. The burden of proof is on the accuser to prove, beyond a shadow of a doubt, that you are guilty of breaking the law. The law pertains only to fare evasion, which is the explicit attempt to evade the fare, not simple technology issues where you intended to pay the fare.
6 replies · active less than 1 minute ago
I'm sorry, but the new fare swipe "domes" are not an improvement AT ALL. In fact, I'd argue they're slower than what they had before. Wonder how much that cost to put in...
1 reply · active less than 1 minute ago
Just a question about #1 - wouldn't the smarttrip have registered where s/he got on the train? They have to calculate that fare somehow. So if they just reswiped the money would have been taken off and no harm done. And if the person basically "paid" to enter the system why wouldn't they "pay" to exit? Maybe I'm overthinking.
Wait a minute. The Metro cop said the "card was broken" and asked for ... identification then after he received the ID then tells the guy/gal that the card "was not registering and that he was issuing a citation." The cop was wrong right out of the starting gate. Really? How can you hold a patron responsible for a) a malfunctioning StarTrip card, or b) the fact that it was "not registering"? Huh? Whose fault is that. The rider, or Metro? Definitely, fight the ticket. Its bogus.
David Steven's avatar

David Steven · 733 weeks ago

The crux of the matter is to cut down on crime Metro would have to go after black people (since they are the majority on Metro) and that doesn't play well politically. Fight are not going to stop until someone gets killed.
I've had a similar run-in, minus the ticket. I swipped my not-so-Smartrip while the gate was in the process of closing from the person in front of me. Only one of the sides opened back up, with the other opening with a delay. A transit cop yells out 'sir, step over here please' leaving me pretty confused. I walk over and he says 'it looked like you walked through without paying - let me see your card'. He scans it and it shows that I paid, and he sends me on my way.

However, I was rather offended that he even doubted me in the first place. I spend way too much time each day dealing with the p.o.s. system, not to mention the fact that my Metro trips are covered by my transit subsidy and are not even costing me anything except my time - I would have had 0 incentive to try to get a free ride. Malfunctioning gates should not be sufficient cause for what amounts to being a search.

Good luck with your ticket fight! If only there was a way to get Metro to pay you back for your wasted time.
hello - I've had a very similar situation happen to me a month back at the Shady Grove metro stop. Because it happened in Montgomery County I have to now go to court. My court date is in two weeks and I am very nervous about it. I have no previous record and actually produced two smart trip cards to the officer when he was issuing me the citation. A few days ago I ran into the same officer at the Shady Grove metro stop where he went out of his way to make a comment to me directly regarding the upcoming court date.

Was there a resolution after your court appearance? I'm not sure how to prepare, I was advised that the offense is so minor that there is no need to spend money on hiring an attorney. However I am concerned with any potential jail time or now having a criminal record..all because my smart trip had run out late at night and I didn't even realize it during the rush as I continued to walk.

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