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How To Fight A Toll-Road Citation in California

Martin Hill

Oct. 6, 2014

Kangaroo Court Toll-Road Ticket system eviscerates due process: No officer required to testify, no photographic evidence required by law

We're always told that if the officer who issues a traffic ticket doesn't show up to court, we win- right? Even the red-light camera tickets have to have a picture of you. But not in the case of toll-road violations in California.

An outrageous number of people have been receiving toll-road tickets in California. This page will show how the toll-road system and DMV says you can challenge the citations. Please note that I am not a lawyer and wouldn't want to be one. ["But he said: Woe to you lawyers also, because you load men with burdens which they cannot bear..." Luke 11:46.] I do not give legal advice, but rather simply share my experiences with fighting and beating traffic tickets. I have beaten over 15 tickets in court in California, including one in California Superior Court of Appeals (without a lawyer), where a panel of three Superior Court Appellate Judges ruled for me and overturned a phony speeding ticket conviction. The story of why I started fighting traffic tickets can be found here. You may contact me here. My traffic ticket archive section is here.

Earlier this year, the toll roads announced that Orange County would waive the toll violation penalty fees because of the confusion after the system went cashless; but the fees were only being waived until labor day, which was Monday September 1, 2014. As of September 25, 2014, however, the $57.50 penalty fee was still being waived in Orange County for first time offenders, if they pay the toll fee itself within 30 days from the date of the 'Notice of Toll Evasion.' If drivers receive an Orange County toll-road violation notice in the mail they can opt to pay the toll fee itself (which is usually around $3.50). A relative of mine recently did this. See the article here for more details. It is unclear if the toll road system is offering penalty fee waivers for other counties such as Los Angeles.

A few months ago, The OC Register reported that "the May 14 switch to a cashless system has led to widespread confusion" and "doubled the number of toll violations to about 15,000 a day... If collected, fines from the jump in violations could boost the agencies' revenue by up to $460,000 a day."

A note about that figure from the OC Register article. First of all, 15,000 tickets times $61 ($57.50 penalty fee plus $3.50 toll) equals $915,000 per day, not $460,000. What an absolutely criminal government we have here.

In 2009 the Orange County Transportation Agency (OCTA) and Transportation Corridor Agency (TCA) settled a lawsuit for $42 million dollars after plaintiffs 'alleged the fines were "excessive" and that the denial of due process to the accused was "unconstitutional."' It appears that the toll-road system needs to be sued again.

Of course people can opt to contest their toll-road citation; Although due-process does not seem to be part of the equation in the toll-road ticket system.

The Calif. Vehicle Code reveals some very squirrely details about fighting a toll ticket. It all seems to be stacked in favor of the state revenue collectors. If someone wants to contest their toll road ticket, there is a three step process. If you lose the first two hearings and opt for a court hearing, not only will the 'privilege' of a court hearing cost you $25, but the issuing officer is not even required to participate in the review, and no photographs are required to be presented by the toll company! It's simply a "WE SAY, YOU PAY" kangaroo court system. As someone who has beaten tickets for over 13 years and has won in Superior Court of Appeals, I find this toll-road ticket process to be disgusting and appalling.

The California toll roads system has a Violation Dispute Process, which explains what to do if someone wants to contest the violation:

Step1: Initial Review

Online:

Go to thetollroads.com/violation and login by entering the Reference Number and Violation Number located on the payment stub. Please include a detailed explanation of your contest reason, your email address and a phone number. Please note that the violation needs to be contested within 21 days of notice date.

By mail:

Complete the "Contest of Notice" portion of your "Notice of Toll Evasion" and return it via postal mail. Please include a detailed explanation of your contest reason, your mailing address and a phone number.

Your dispute will be investigated and results will be sent to you within 15 business days after it was received at The Toll Roads.

Step 2: Administrative Review

If you are not satisfied with the results of the initial investigation, you can request an administrative review by completing the administrative review form available at thetollroads.com/home/Appeals.pdf. The request for administrative review needs to be made within 15 days of the postmark date of the results of the initial investigation.

Step 3: Appeal with the municipal court

If you are not satisfied with the results of the administrative review, you can file an appeal with the municipal court. The procedures for administrative review and appeal are set forth in California Vehicle Code, Section 40255 and 40256.

However, the Calif. Vehicle Code reveals some very squirly details about fighting a toll ticket, all seem to be stacked in favor of the state revenue collectors. The officer is not even required to participate in the review, and no photographs are required to be presented by the toll company! It's simply a "WE SAY, YOU PAY" kangaroo court system.

V C Section 40255 Toll Evasion Administrative Review

https://www.dmv.ca.gov/pubs/vctop/d17/vc40255.htm

(4) The officer or person authorized to issue a notice of toll evasion violation shall not be required to participate in an administrative review. The issuing agency shall not be required to produce any evidence other than the notice of toll evasion violation or copy thereof, information received from the department identifying the registered owner of the vehicle, and a statement under penalty of perjury from the person reporting the violation. The documentation in proper form shall be considered prima facie evidence of the violation.

Section 40256 reveals more details about the review process:

V C Section 40256 Toll Evasion Penalty: Appeal of Administrative Review to Court

https://www.dmv.ca.gov/pubs/vctop/d17/vc40256.htm

40256. (a) Within 20 days after the mailing of the final decision described in subdivision (b) of Section 40255, the contestant may seek review by filing an appeal to the court, where the same shall be heard de novo, except that the contents of the processing agency's file in the case on appeal shall be received in evidence. A copy of the notice of toll evasion violation shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the processing agency by the contestant. For purposes of computing the 20-day period, Section 1013 of the Code of Civil Procedure shall be applicable. A proceeding under this subdivision is a limited civil case.

(b) Notwithstanding Section 72055 of the Government Code, the fee for filing the notice of appeal shall be twenty-five dollars ($25). If the appellant prevails, this fee, together with any deposit of toll evasion penalty, shall be promptly refunded by the processing agency in accordance with the judgment of the court.

(c) The conduct of the hearing on appeal under this section is a subordinate judicial duty which may be performed by commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.

(d) If no notice of appeal of the processing agency's decision is filed within the period set forth in subdivision (a) the decision shall be deemed final. ...(e) If the toll evasion penalty has not been deposited and the decision is adverse to the contestant, the processing agency may, promptly after the decision becomes final, proceed to collect the penalty under Section 40267

The best advice is to pay attention when driving and don't enter the toll roads accidentally, and only use them if absolutely necessary.

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