Legal Question in Criminal Law in New York

I live in New York and my girlfriend and I were recently served a summons for doubling up on my unlimited metrocard. What the police officer didn't see was that we had swiped her card, which I had refilled that morning, and the reader deducted the fare from the card, but did not allow her entry. After being served the summons, we spoke to the station agent who checked her card and confirmed that a fare had in fact been deducted from it so we had both paid our fare. I went in for a hearing, got an ajdournment to get the printout of the metrocards and when they came, I took them in for another hearing. Mine showed that I had paid my fare on that day, but that my girlfriend's card had not been swiped. The hearing officer made a decision upholding the violation and fining us $100. The thing is, I still have the metrocard and just had it checked yesterday at a subway station where it was again confirmed to me that the card had been used for 6 rides - not the 5 that the printout from the MTA claims. This printout, which appears to be an excel document that someone at the MTA wrote up, is wrong. Any booth agent at any subway station will tell me that, but the MTA will not. What can I do?

Asked on 2/09/11, 1:28 pm

Stuart Austin Austin Law Associates, PC

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subpoena the information

Answered on 2/09/11, 1:33 pm

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