Legal Question in Civil Rights Law in New York
foot on seat of subway car
I received a ticket for ''having my foot on more than one seat'' on a NYC subway car. I pled not guilty and had a hearing. At the hearing I stated what happened: that I was dozing off, my foot slid down my leg and the tip of it touched the side of the seat in front of me, and that at the time I did not know this violation existed. I then stated that I eventually found the rules of conduct, but only after searching for them. They are not displayed in spots where the typical subway rider would see them. I went on to say that the rules should be displayed at every subway entrance, booth, or inside the subway cars. The only places where the rules are posted are next to the subway maps, so if you know where you're going and dont need to look at the map, you will never spot the rules.
The hearing officer heard all this, and still found me in violation, requiring me to pay the fine. I am appealing the decision.
My question is this: was my defense of the rules not being displayed in conspicuous locations valid? The hearing officer did not seem to think so, but I got the impression that she would have found me in the wrong no matter what I said. If it's not valid, please advise me as to what I could have said, and could say at the appeal
2 Answers from Attorneys
Re: foot on seat of subway car
Ever hear the saying that ignorance of the law is no excuse? While I understand your point, particularly
in the case of transit regulations,
that is what you are dealing with.
Rather than trying to prove you are right, forget about where the rules are displayed and that you didn't know about it; try a soft touch, and
say that it was purely an accident that happened because you fell asleep.
Re: foot on seat of subway car
No. Not knowing the law is not a valid defense.
To discuss this or any other legal matter you can e-mail me for more information about low cost face-to-face, on-line or a telephone consultation with a lawyer in our office.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
