QUESTION
How can this be theft of any kind if I paid the driver twice what the appropriate fare should have been and I did not leave the scene?
Asked on Dec 11th, 2012 on Criminal Law - Michigan
More details to this question:
On 12/4, I flagged down a taxi and received a 1.5-mile ride from him. I asked to be let out of the cab when an argument began about what direction we should travel to get to my destination. I asked him to stop so I could be let out. He complied. I tried to pay but the driver demanded $21. This is an outrageous overcharge. The fare should be around $6. I ended up giving him $12 but refused to give him any more. He called the police. I never left the scene. When the police arrived, they instructed me to pay the additional $9. I still refused to do so since we only travelled 1.5 miles. The driver did not use his meter. The cops arrested me and charged me with theft of services for a value of $9. I had a legitimate dispute. Please advise.
9 ANSWERS
1 Award
Yes, I would fight the charge, but it will take time out of your work schedule. The burden is on the taxi driver to prove the appropriate fare. If he did not use his meter, he will have a harder time proving what the fare should have been. You need to ask yourself whether it is worth fighting over $9. Personally, I would fight it over the principle of being blackmailed into paying something, but you know how much it will cost you to potentially miss work and drive to court. Also, to properly fight the charge, you may need to hire a lawyer. Keep in mind, that even if you pay the $9, the prosecutor might not drop the charges. You want to get that explicitly stated, on the court record, before you accept such a deal.
Answered on Dec 19th, 2012 at 4:57 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Dec 14th, 2012 at 3:41 AM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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I agree, this was a legitimate dispute and as such it is a defense to the criminal charge. Ask for a Public Defender to help you.
Answered on Dec 14th, 2012 at 2:10 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Go to your court date. If they have filed it as a misdemeanor (unlikely) then hire an attorney or ask the court to appoint the public defender. If they have filed it as an infraction, set it for trial. You are not entitled to have an attorney for infractions, but you can still hire one. Or, you could represent yourself.
Answered on Dec 13th, 2012 at 2:58 PM
Theft is a crime of moral turpitude. Nobody will care that it was only $9, all they will see is the record, and once you have it you can kiss your career aspirations goodbye. Hire a lawyer before you get talked into pleading guilty and ruin your life.
Answered on Dec 13th, 2012 at 2:57 PM
3 Awards
If this is an Eastern WA ticket email me.I travel all around Eastern Wa and this charge sounds like an interesting case.
Answered on Dec 13th, 2012 at 11:16 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You may have a defense but I believe your costs are going to be well in excess of the value. Principal is fine, if you can afford it.
Answered on Dec 13th, 2012 at 11:15 AM
John J. Carney
You should have paid the amount if the police told you to. If you took a photo of the meter to prove that the fare was less than the driver demanded it would be good proof for the prosecutor to see or for your lawyer to use at trial. You can subpena the records from the taxi company and that might help to resolve the dispute, but you will still have to retain an attorney. If you agreed to a flat rate then you would oue that amount, even if you demanded to be let out early in theory, but that would be open to debate. It is unusual for a driver to charge more than the meter in Manhattan, but I do not know what city you were in.
Answered on Dec 13th, 2012 at 11:14 AM
Michael J. Breczinski
I would get an attorney for two things.? First to defend you on the criminal charges. Second to sue the cab company and the cabbie for False arrest and attempted fraud.
The idea is to put the cabbie in the hot seat.? If there is a regulating commission for the cabbies there then I would also file a complaint against the cabbie.
Answered on Dec 13th, 2012 at 11:13 AM