Legal Question in Traffic Law in California

Toll road ticket

Hi. I went through a toll road automated machine and got a ticket. I put the correct change in, but the machine didn't read it correctly, and I didn't have any further change that it would accept. Is there any way I can contest it and prove that it didn't count the change accurately? Thanks.


Asked on 8/19/06, 1:03 am

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Toll road ticket

Here is a link to the California Vehicle Code sections on toll evasion violations:

http://www.dmv.ca.gov/pubs/vctop/vc/tocd17c1a4.htm

As you can see, you have the right to contest the citation, to file an admininstrative appeal, and to file a further appeal to the municipal court. You can file a California Public Records Act request (Government Code Section 6250 at www.leginfo.ca.gov) or serve a subpoena duces tecum (if you are in court) to the "custodian of records" for the toll entity to obtain the maintenance records for the change-accepting mechanism in question. Some toll road authorities have web sites and the ability to contest citations online. But I suggest you not use their website (where your message could disappear) and use snail mail instead. Note also there is a short time limit (normally 21 days) for them to mail you the violation notice.

The answer to this question assumes that you know how to write a letter and send it certified mail return receipt requested. Good luck!

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Answered on 8/29/06, 12:14 am


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