Is Transit Adjudication Bureau's summons for Disregard Notice (21 NYCRR Part 1050) criminal in nature? Is it worth contesting?

February 7, 2018

Question

I got issued a Transit Adjudication Bureau Yellow Slip ("notice of violation and hearing") for "Disregard Notice" on the New York Subway. I was asked to mail $50 to the TAB or ask for a hearing.

My wife and I were looking to exit Subway and get into PATH station, so we went out from the side door, but before we shut the door back realized we may have gotten out from the wrong door. So we stepped back in to ask someone for directions before going out. At the same time there were many people who were going in and coming out of the same door. Suddenly, a NYPD police officer pulled us aside and handed both of us yellow ticket summons for $50 each. We tried to argue that we didn't do anything illegal but he told us that we were on camera and 5 police officers saw us. He said we can contest it in the hearing.

My simple questions:
1) Is this summon criminal in nature? We have applied for our Green Cards and do not want any of this to hurt our chances.
2) Is it worth contesting (for $50 or for avoiding entry in criminal records)? We will have to go to Brooklyn if we want to contest the same.
3) What are our chances of avoiding this fine even if we contest?

Answer

Looks like you got a ticket for "fare evasion". A dismissal is always better than a guilty plea. You need to ask your immigration lawyer if it's of significance to your Green card applications.


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