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failure to pay toll = moving violation?

A

azn121184

set goal, create path
Joined
Aug 19, 2004
Location
oakland, the ghettos
Moto(s)
EX-R6
Okay, just looked through a bunch of dmv websites/cvc codes and what not. I have come to the following conclusions.


Story: on March 1st, i was cited by a CHP officer for using fastrak lane on the richmond/san rafael bridge without the proper transponder mounted/intact on my motorcycle. At the time the motorcycle was still running on dealer plates, as i had just bought the motorcycle less than 1 month ago and have yet to receive the plates. Ironically enough, i recieved the plates the following monday. Anyways, he pulls me over and questions as to whether or not i had my transponder on him, and i had answered no. He then cites me for VC 23336 for Failure to Obey Posted Signs on Vehicle Crossings. That VC is also a 1 point moving violation. However, he writes down clearly on the description of the ticket that the violation was for "failure to pay toll, signs posted". He also proceeds to tack on VC 5200 for no rear license plates attached even though i had showed him my dmv registration/paperwork to show that my bike was still BRAND new less than 1 month old.

For my 'offense', should i have been cited for cvc 23336? or should it have been something else? I have found that cvc 23302 is actually something that fits his description on the ticket AND my violation better. CVC 23302 states that "Refusal to Pay Toll Charge Prohibited" is a non-moving violation.


I've already registered with ticketassasin, and have access to their shareware database, but i'm still pending on my priority email to engage in 1:1 emails with Patrick at ticketassasin. In the meantime, your feedback/opinion is greatly appreciated.



i guess the whole point of this thread was to figure out if there are 2 vc that can be cited, but one matches the description of the violation, is it still subjective as to which one the LEO can write down based on his pure judgement?
 
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that's what i said....



i thought they would just send me for some fine amount like 80 bucks or something and call it a day. i did NOT know that it was a moving violation.....
 
Junkie said:
so you got pulled over for it?
Click to expand...

Yes, he pulled me over about 1 mile after the toll plaza. Asked me to not stop at the freeway, but pull off into a parking lot. FOr a second i was wondering why everyone was moving over to the right for me...:rofl


then i realized a cop had his lights on :wtf.
 
so...no active Fastrak acct I take it? It seems like a pretty easy "get out of toll related ticket" thing to have.
 
eVilTWIN said:
so...no active Fastrak acct I take it? It seems like a pretty easy "get out of toll related ticket" thing to have.
Click to expand...





i do have an active fastrak account for my automobile. Just not registered with the bike, as it was a brand new bike purchase less than 1 month ago from the day of citation.
 
Taken from the Fastrak site:

"Bay Area FasTrak™ Account Holders - If you are an account holder in good standing with Bay Area FasTrak™ at the time of this violation, you received this notice because the vehicle was not listed on your account. Please proceed to submit a dispute along with your customer information. "

Sounds like you should be able to get out of this one. Do work son! And shite man, I've only lived here 6months and I know this!:twofinger
 
Takes 6.736 seconds to add a vehicle to one's account online at Fastrak.
Up two additional xponders are free!
You can get cited for not having the xponder with you*, even if the vehicle is listed on the account.

*CVC even says the xponder has to be "visible"
 
You're required to have the transponder with you even if it's registered.
 
were you going thru toll at off peak hrs?

i know i'm incriminating myself but i've run thru the toll many a times cuz i don't have plates for the time being....

i've also gone many a times in my car without my transponder... your not required to have it with you because when the toll people take a picture of your license plate they just deduct it from your existing fastrak acct....
 
kittykatinahat said:
were you going thru toll at off peak hrs?

i know i'm incriminating myself but i've run thru the toll many a times cuz i don't have plates for the time being....

i've also gone many a times in my car without my transponder... your not required to have it with you because when the toll people take a picture of your license plate they just deduct it from your existing fastrak acct....
Click to expand...

Ummm, might want to check that. The vehicle code indeed says you not only have to have but, but it be visible. It makes no reference to camera use instead.
 
kittykatinahat said:
i've also gone many a times in my car without my transponder... your not required to have it with you because when the toll people take a picture of your license plate they just deduct it from your existing fastrak acct....
Click to expand...

It's a courtesy they give by deducting from your account, but you are required to have the transponder in your vehicle in a visible position.

Don't bet on "I have an account, just don't have my transponder" to save you from a ticket if chp happens upon you.

I've run it a couple times on my bike because I forgot to grab my transponder. Odds are, you won't get tagged. But if you are, good luck fighting it.
 
JPM said:
What is required by fastrak was covered pretty well in this thread.

http://www.bayarearidersforum.com/forums/showthread.php?t=238206&highlight=transponder
Click to expand...

Thank you for that thread JPM!!!


Now i'm thinking if i were to fight this case, i think i should have been cited for vc 23302 which is 23302 (a) I Refusal to Pay Toll Charge Prohibited instead of the violation 23336.


Would i have a legitimate case, because even on the ticket, the chp officer wrote down clearly in the description that it was "failure to pay toll, signs posted"


vc 23336 is "Failure to Obey Posted Signs on Vehicle Crossings"


does anyone think i have a case here? I am guilty for not paying toll, however i would just like some input from the LEO's as to which cvc would be the more "right" one that i should recieve in this scenario?
 
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He put the wrong cvc code but he did right down that you didnt pay toll. You could try and fight it, but I dont think you'd win in this situation.
 
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