San Mateo Court giving people with bail notices the run around!

[Teachkat1]

Greetings,

I have a two part situation/story that the citizens and community members of San Mateo County need to know about!

First off let me introduce myself! I am Katie Schwarz, mother of 2 ages 4 and 7. I am a special education teacher at Hillsdale high in San Mateo, as well as the department chair of special education. I have been a teacher for 11 years.

situation number one:

On Feb 15, 2007 I was pulled over by a Foster City Police officer on a motorcycle, after leaving Foster City school, where my 7 year old attends first grade. Long story made short the officer alleged that I passed a little yellow school bus illegally. I deny this vehemently, and after a discussion on little school buses (which I know carry special needs students, but he did not know this) and flashing lights (which I know were not on)... etc. like I said long story, full of ironies for this SPED educator.

situation number 2:

Last week I received the "Notice of Bail". This notice gives explicit instructions on how to either pay the bail of $567.25 and admit guilt and accept a conviction, or what to do to appear in court. The directions clearly state that I have to bring the notice to the Court on or before 03/28/07, on Tuesday between 12:30 pm and 1:30 pm, or on MON, WED, and THURS before 8:30 am.
SO.....
I went yesterday, Tuesday 3/6/07, and stood in a very long line from 12:30 until about 1:10. As I approached the traffic window, and the clerk took my notice. She told me that my file is not even there yet and that I would have to come back!!!! I pointed out to her the directions which stated on or before... She said "well I do not know what to tell you" we are about 500 files behind...." I explained that I had to take some additional time off of work to be there, and how unfair it was... 2 windows down i heard a man in a wheelchair screaming at the clerk over the same issue- he was actually removed!!!! i asked to speak with a supervisor. A man, whose name I do not remember, came over abruptly and told me, "hey most people come closer to the deadline", I said that was not my problem, that 'I do not have reading comprehension problems". He grabbed my notice and said "Oh the school bus ticket" he said "why don't you just pay it by mail? I explained that I am not guilty of the crime, therefor I am here.... he then suggested I write a letter asking for a reduction in bail!!!! I became increasingly frustrated, and restated that I was not going to pay for something I did not do, and I have a right to due process.... he then said, well here is a number call it before you come back, and do not come in the afternoon, come before 8:30. I explained I could not do that I had 2 small kids to get to school. i explained again that the courts have a responsibility to change the wording of the bail notices. He said, 'why should we" for 2 out of 1000 complaints it is not worth it.

I would be HAPPY to go into more details about what I feel is a manipulation by the legal system to have folks take the path of least Resistance a cough up gigantic sums of money rather than being inconvenienced. I have spoken to several colleagues that either know someone or has received similar school bus tickets in Foster City- the police are getting people who are unfamiliar with the law, that states no matter what lane you are traveling in or what direction, when a school bus stops you stop! My defense is not the ignorance of that law, it is simply that the bus was parked with no flashing lights on, and no mechanical stop sign out. I have much more to share, if anyone is interested...

feel free to contact me!

Katie Schwarz
SPED Dept. Chair/ Hillsdale High School.

[Michael Stogner]

Greetings,

I have a two part situation/story that the citizens and community members of San Mateo County need to know about!

First off let me introduce myself! I am Katie Schwarz, mother of 2 ages 4 and 7. I am a special education teacher at Hillsdale high in San Mateo, as well as the department chair of special education. I have been a teacher for 11 years.

situation number one:

On Feb 15, 2007 I was pulled over by a Foster City Police officer on a motorcycle, after leaving Foster City school, where my 7 year old attends first grade. Long story made short the officer alleged that I passed a little yellow school bus illegally. I deny this vehemently, and after a discussion on little school buses (which I know carry special needs students, but he did not know this) and flashing lights (which I know were not on)... etc. like I said long story, full of ironies for this SPED educator.

situation number 2:

Last week I received the "Notice of Bail". This notice gives explicit instructions on how to either pay the bail of $567.25 and admit guilt and accept a conviction, or what to do to appear in court. The directions clearly state that I have to bring the notice to the Court on or before 03/28/07, on Tuesday between 12:30 pm and 1:30 pm, or on MON, WED, and THURS before 8:30 am.
SO.....
I went yesterday, Tuesday 3/6/07, and stood in a very long line from 12:30 until about 1:10. As I approached the traffic window, and the clerk took my notice. She told me that my file is not even there yet and that I would have to come back!!!! I pointed out to her the directions which stated on or before... She said "well I do not know what to tell you" we are about 500 files behind...." I explained that I had to take some additional time off of work to be there, and how unfair it was... 2 windows down i heard a man in a wheelchair screaming at the clerk over the same issue- he was actually removed!!!! i asked to speak with a supervisor. A man, whose name I do not remember, came over abruptly and told me, "hey most people come closer to the deadline", I said that was not my problem, that 'I do not have reading comprehension problems". He grabbed my notice and said "Oh the school bus ticket" he said "why don't you just pay it by mail? I explained that I am not guilty of the crime, therefor I am here.... he then suggested I write a letter asking for a reduction in bail!!!! I became increasingly frustrated, and restated that I was not going to pay for something I did not do, and I have a right to due process.... he then said, well here is a number call it before you come back, and do not come in the afternoon, come before 8:30. I explained I could not do that I had 2 small kids to get to school. i explained again that the courts have a responsibility to change the wording of the bail notices. He said, 'why should we" for 2 out of 1000 complaints it is not worth it.

I would be HAPPY to go into more details about what I feel is a manipulation by the legal system to have folks take the path of least Resistance a cough up gigantic sums of money rather than being inconvenienced. I have spoken to several colleagues that either know someone or has received similar school bus tickets in Foster City- the police are getting people who are unfamiliar with the law, that states no matter what lane you are traveling in or what direction, when a school bus stops you stop! My defense is not the ignorance of that law, it is simply that the bus was parked with no flashing lights on, and no mechanical stop sign out. I have much more to share, if anyone is interested...

feel free to contact me!

Katie Schwarz
SPED Dept. Chair/ Hillsdale High School.

Katie,
You have described the shift that has taken place in San Mateo County perfectly. It used to be you would get a traffic violation and a court appearance date to either pay the bail or present your case.

Now you are encouraged to pay the bail before you go to court.
I don't know when this happened?

This does two things, 1) if you pay the bail it makes you look Guilty, why would anyone pay the fine if they weren't guilty? Right?

2) Now that you have paid the bail, you have mentally admitted guilt.

You might contact Supervisor Jerry Hill, I think he represents Foster City

How much income does Foster City receive from the $567.25 ticket?


Best of Luck

Michael Stogner

[Kosher]

Hi Katie,

Did you ever come to a conclusion with your "notice of bail"?

Here's my story:

I was riding the CalTrain to the city for the 2007 Game Developers Conference. I paid $2100 to attend the conference and I was in a bit of a rush to get there because one of my conferences was starting.

I received a citation for "Intent to Misuse Media", which I actually had no intent in doing at all. I bought a month pass to ride the CalTrain a day before the day I received the citation and actually punched the ticket on the day I purchased it. 3 months prior to receiving the citation I had purchased a month pass and only rode the train once. The problem is that I left the old pass in my wallet and when I rode the train to the Game Developers Conference I accidentally punched the old expired pass.

The train person was a total jerk. I went into my wallet and showed him the valid pass and explained my situation. He told me that I would have to get off the train. I explained that I had to be at the conference and that I couldn't be late. He told me that I was trying to hide the date on the ticket and attempting to "trick him" into thinking it was a valid non-expired ticket. I was shocked that he was such an ass and accusing me of a poor man's measly crime.

I was trying to explain the situation and he said "I am going to confiscate your pass and write you a citation". I told him I would be happy to fight the citation in court. He insisted that I was trying to thwart the system. He took the ticket to his supervisor and as I approached I could overhear him saying that I had presented the false ticket and that I did not have a valid pass. At this point I stepped in and told his supervisor that he was lying and presented him my valid pass.

He opened the door that was facing the oncoming train tracks and told me to hop out and punch my ticket. I told him I would not get out onto oncoming train traffic and that I had my backpack on the train. I said if they left me at the station then my laptop computer would be lost forever, which happened my first time ever riding the train (I was told I could get off to buy a ticket for the proper zone and the train left!!) .

He shut the door and told me that I had to get off of the train or he would call the police and have me removed. I said he should call the police because what they were doing was wrong. He called the police and at the next station I got off and approached the officer. I began to explain the situation when the conductor came over. The cop cut me off and told the conductor to explain the situation. Of course the conductor's story was that I had "Intent to misuse media". I told the officer that I had no intent and the officer cut me off and said that I would have to receive the citation and fight it in court.

I took the citation home and imagined that I would just fight the ticket in court. There is no way they can prove "intent". In order to prove intent, they must prove that I have mens rea or "guilty mind".

http://en.wikipedia.org/wiki/Intent

"The requirements for the proof of intent in tort law are generally simpler than criminal law. Knowledge of the repercussions of the act is often not necessary. It is sometimes only a matter of showing that there was desire to perform an act."

I had no desire and therefor no intent.

I received a letter in the mail that my court appearance date had been changed to two days later than written on my citation. The original date passed and now I've received the "Notice of Bail". I should have the right to plead not guilty! I never even entered a plea!

This is a total scam and collusion between the courts and CalTrain. At $250 a pop, these guys are making a killing! I've seen them give citations to woman with children that didn't get tickets for their kids because they thought kids rode free. I've seen first time riders given the option to get off the train or get a citation because they were confused by the zones!

CalTrain has a lousy ticketing system and they're abusing the law. It's the only clean air system available to people that work in but live outside the city.

Can anyone please help me or tell me what I need to do to get my fair day in court?!!!

[Michael Stogner]

Hi Katie,

Did you ever come to a conclusion with your "notice of bail"?

Here's my story:

I was riding the CalTrain to the city for the 2007 Game Developers Conference. I paid $2100 to attend the conference and I was in a bit of a rush to get there because one of my conferences was starting.

I received a citation for "Intent to Misuse Media", which I actually had no intent in doing at all. I bought a month pass to ride the CalTrain a day before the day I received the citation and actually punched the ticket on the day I purchased it. 3 months prior to receiving the citation I had purchased a month pass and only rode the train once. The problem is that I left the old pass in my wallet and when I rode the train to the Game Developers Conference I accidentally punched the old expired pass.

The train person was a total jerk. I went into my wallet and showed him the valid pass and explained my situation. He told me that I would have to get off the train. I explained that I had to be at the conference and that I couldn't be late. He told me that I was trying to hide the date on the ticket and attempting to "trick him" into thinking it was a valid non-expired ticket. I was shocked that he was such an ass and accusing me of a poor man's measly crime.

I was trying to explain the situation and he said "I am going to confiscate your pass and write you a citation". I told him I would be happy to fight the citation in court. He insisted that I was trying to thwart the system. He took the ticket to his supervisor and as I approached I could overhear him saying that I had presented the false ticket and that I did not have a valid pass. At this point I stepped in and told his supervisor that he was lying and presented him my valid pass.

He opened the door that was facing the oncoming train tracks and told me to hop out and punch my ticket. I told him I would not get out onto oncoming train traffic and that I had my backpack on the train. I said if they left me at the station then my laptop computer would be lost forever, which happened my first time ever riding the train (I was told I could get off to buy a ticket for the proper zone and the train left!!) .

He shut the door and told me that I had to get off of the train or he would call the police and have me removed. I said he should call the police because what they were doing was wrong. He called the police and at the next station I got off and approached the officer. I began to explain the situation when the conductor came over. The cop cut me off and told the conductor to explain the situation. Of course the conductor's story was that I had "Intent to misuse media". I told the officer that I had no intent and the officer cut me off and said that I would have to receive the citation and fight it in court.

I took the citation home and imagined that I would just fight the ticket in court. There is no way they can prove "intent". In order to prove intent, they must prove that I have mens rea or "guilty mind".

http://en.wikipedia.org/wiki/Intent

"The requirements for the proof of intent in tort law are generally simpler than criminal law. Knowledge of the repercussions of the act is often not necessary. It is sometimes only a matter of showing that there was desire to perform an act."

I had no desire and therefor no intent.

I received a letter in the mail that my court appearance date had been changed to two days later than written on my citation. The original date passed and now I've received the "Notice of Bail". I should have the right to plead not guilty! I never even entered a plea!

This is a total scam and collusion between the courts and CalTrain. At $250 a pop, these guys are making a killing! I've seen them give citations to woman with children that didn't get tickets for their kids because they thought kids rode free. I've seen first time riders given the option to get off the train or get a citation because they were confused by the zones!

CalTrain has a lousy ticketing system and they're abusing the law. It's the only clean air system available to people that work in but live outside the city.

Can anyone please help me or tell me what I need to do to get my fair day in court?!!!

Which court are you to report to?


It is my understanding that a monthly pass does not need to be validated. You simply show it, any day of the month that it is good for.

Also little known fact...Monthly pass is good on all SanTram buses throughout the entire county....Great Value.

Did you mean you had a 10 pass ticket which needs to be validated before getting on the train?

Also I have personally witnessed at least 6 people told to get off the train to purchase a ticket, only to see the train leave them standing there. Similar number of people who I know the conductor saw running to catch the train and after arriving at the door to have it close on them with the conductor right there. Rude to say the least. Not to mention a saftey hazard.

Best of Luck

Michael

[Kosher]

Hi Michael,

I feel the same way about the safety issues and their more than rude attitude. I saw a guy get kicked off the train and as the conductor was making him get off he said "You're a liar and a thief and you're never allowed on the train again". The guy just had the wrong zone!!

Yes, I meant 10 ride ticket. I took a look at the valid 10 ride ticket today and realized that I did actually punch it on the morning I received the citation. I remember trying to show the conductor that my ticket was valid and punched but he insisted that I was only trying to use the old pass up because it expired.

I went to court today at the San Mateo Humboldt branch, just off the 101. I submitted a "Motion and order to dismiss charges", based on the fact that I presented valid media and had no intent to misuse the ticket. They said I will have to wait to receive a letter decision in the mail. As I was speaking to the cashier in the ticket area, another guy was there for the exact same reason as me. He said they had changed his court date 3 times on him. This is obviously a violation of a persons right to a speedy trial. I went into the court house at 8:30 today and they said that they didn't have court in the morning. Then why did they send me a notice in the mail changing the court date to today at 8:30 from another day that they do have court at 8:30?!?!

The poor guy at the window ended up paying the fine right then with his credit card. He explained that it was the 3rd time he was at the court house and that they had turned him away and rescheduled the date each time. He kept trying to tell the cashier that he purchased the ticket and he forgot to punch it but was never given the option to get off the train. I told him to file a motion to dismiss.

I can picture some kind of class action suite against CalTrain and San Mateo County for violating individual's right to a fair and speedy trial just so they can collect $300 from the people that would rather not deal with this kind of headache and just pay their fines. I hate being a rabble rouser but I think for the safety and security of the innocent passengers sake, the CalTrain needs to be restricted in what they can do. Giving people citations because their system is flawed seems like a blatant abuse of the system. How about adding one of those $50 puncher machines to the train? It wouldn't be so hard to put one of them in right near the doors. But no, that would remedy the issue too easily and cause them to lose their revenue from innocent people being forced into paying court fees, which is collected by the Peninsula Corridor Joint Powers Board.

If anyone is interested in filing a class action, let me know. I can talk to a few attorneys and see what their opinions are.

[Michael Stogner]

Hi Michael,

I feel the same way about the safety issues and their more than rude attitude. I saw a guy get kicked off the train and as the conductor was making him get off he said "You're a liar and a thief and you're never allowed on the train again". The guy just had the wrong zone!!

Yes, I meant 10 ride ticket. I took a look at the valid 10 ride ticket today and realized that I did actually punch it on the morning I received the citation. I remember trying to show the conductor that my ticket was valid and punched but he insisted that I was only trying to use the old pass up because it expired.

I went to court today at the San Mateo Humboldt branch, just off the 101. I submitted a "Motion and order to dismiss charges", based on the fact that I presented valid media and had no intent to misuse the ticket. They said I will have to wait to receive a letter decision in the mail. As I was speaking to the cashier in the ticket area, another guy was there for the exact same reason as me. He said they had changed his court date 3 times on him. This is obviously a violation of a persons right to a speedy trial. I went into the court house at 8:30 today and they said that they didn't have court in the morning. Then why did they send me a notice in the mail changing the court date to today at 8:30 from another day that they do have court at 8:30?!?!

The poor guy at the window ended up paying the fine right then with his credit card. He explained that it was the 3rd time he was at the court house and that they had turned him away and rescheduled the date each time. He kept trying to tell the cashier that he purchased the ticket and he forgot to punch it but was never given the option to get off the train. I told him to file a motion to dismiss.

I can picture some kind of class action suite against CalTrain and San Mateo County for violating individual's right to a fair and speedy trial just so they can collect $300 from the people that would rather not deal with this kind of headache and just pay their fines. I hate being a rabble rouser but I think for the safety and security of the innocent passengers sake, the CalTrain needs to be restricted in what they can do. Giving people citations because their system is flawed seems like a blatant abuse of the system. How about adding one of those $50 puncher machines to the train? It wouldn't be so hard to put one of them in right near the doors. But no, that would remedy the issue too easily and cause them to lose their revenue from innocent people being forced into paying court fees, which is collected by the Peninsula Corridor Joint Powers Board.

If anyone is interested in filing a class action, let me know. I can talk to a few attorneys and see what their opinions are.

Kosher,

This is not the first time I have made this statement on this exact website.
ONLY TO HAVE IT DELETED.
I gave the Michael Zerbe case as an example, where three different people
went to the Courthouse on the day/time they had previously verified a hearing was to be held. Only to find the case was not only not on the docket...It was totally removed from the Sheriff' Computer System for several hours. Verified by 3 different people.
Reporter Michelle Durand asked me what happened to Zerbe, she heard he was a NO-Show and there was a warrant for his arrest. I said the case dissappeared for the Computer. I went to the 4th floor and checked the computer again and the Zerbe case was back in and it showed he was a Failure to Appear with a Bench warrant.

I also have had the pleasure of receiving a Red Light Traffic Violation from the Redflex Corp and the City of San Mateo a short time after my post. The $348.00 ticket which declared under the penalty of Perjury that I Michael G. Stogner was the Registerd Owner......which the Police Officer new was a LIE, was mailed to an address that I don't receive mail from......

That ticket was deleted and removed from the computer with one phone call to the Police Chief of San Mateo....I requested a 3-5 minute face to face meeting with her. I was told that she would not meet with me.

Best of Luck

Michael

[Kosher]

I just received the response for my letter requesting to dismiss the charges. The response reads:

"Per order of the Traffic Commissioner, the motion to dismiss has been denied. A reduced fine amount has been granted in the amount of $56.75. Either pay $56.75 to close the case or post $300.00 for a court trial date. Please reply by May 10, 2007. Thank you."

Looks like they might have missed the fact that I actually bought and punched a valid ticket, which I attached to the motion to dismiss! At any rate, I've had enough of the San Mateo politics and now I know never to move there and to stay clear of the area until the whole system sorts itself out. I'll pay the ticket just because it's not worth my time to fight it. But for anyone else looking to do the same in the future, lookup "Motion to Dismiss" on google and you'll find plenty of samples to choose from. You basically just have to submit a letter to the court, with a letter explaining why they should dismiss the charges, attached evidence, and your case details.

I just hope this doesn't tarnish my perfect record!

Such a mess. Everytime I drive by there on the 101, there's either a traffic cop or a traffic jam. Lovely.