I know there are some lawyers here on the BBS and I wanted to see what you guys recommend. I tried calling today to speak with the HCTRA to go over these invoices they are sending me in regards to unpaid toll violations. Before anyone assumes, I'm not one of those folks that run the tolls. I ride the toll road periodically throughout the week. There is a toll booth by my house that's left unattended at times and they do not have anyone to provide any change. They also leave the gate wide open and unfortunately you have no other choice but to go through. I do not try to take advantage of this at all because I don't have a problem paying for the toll. I tried explaining the situation to the lady today. I told her I'm willing to pay for the actual toll fee but I'm not going to pay any penalty fees when there is no one there to service me. It's a service failure on their part. There's no signs indicating EZ tag or exact change only. The lady said, "well you don't have to get on and you have a choice so we're going to take you to court since you're unwilling to pay." I didn't want to get into it with her since I was being recorded. I plan on taking pictures this week to show the judge exactly what I'm talking about. Any advice you guys can give would surely be appreciated.
You won't actually be presenting your "case" to a judge, at least not the first day you go to court. You'll be showing your photos to a prosecutor. Honestly, how successful you are depends on which prosecutor you get. Some take justice of the peace duty much more seriously than others.
If its the first time you've had this problem you can sign up for an EZ tag and they will usually waive all the penalty fees and you just have to pay the toll fees.
There should be a sign on the booth stating that 'no attendant is available'. That means exact change or ez tag only. If you ran the booth without paying, they'll nail you everytime. If there is no sign on that plaza, you may have a case. They aren't required to have an attendant. You are, however, required to pay a toll to get on the toll road.
So, how much are the unpaid toll fees that you are willing to pay, and the penalty that they want you to pay?
This. It's worth it just to not have to deal with the lines and the hassle you're going through right now.
if all texas toll roads are going to take the same tags, then they should also all accept the same payments such as paying by mail.
i know this happens at the West Rd, NW houston exit. i was exiting and was going to pay with a dollar bill (i believe the toll is 50 cents). i drove up to the gate and waited for a few seconds like a dumbass. where the hell is the attendant? i finally just backed up (a hazard itself) and drove through the EZ tag. i never received an invoice though. how the hell is anybody suppose to properly exit without an EZ tag or exact change?
I use the tollroad enough to remember well that there are signs posted that say something to the effect of "EZTAG only between such and such times". Regardless, if I didn't have an EZTAG or exact change, I would proceed to the next full service toll plaza. I don't see the OP having much of a case here. If it had happened only once, maybe. But if I am the prosecution, I would ask a) Why he kept doing it knowing no one would be there and b) Knowing no one would be there, why didn't he start having the correct change with him to use.
From what I've read about many toll roads, you're sent the invoice on your third violation. Most toll roads allow 2 "free" violations for the people who are unfamiliar with the toll road. On your third time going through, you're charged for 3 tolls + violation fee. Neither do I. Seeing as he finally got the violation, this has to be a repeat offense. Tolls will say "EZTag or exact change from 1:00 AM to 5:00 AM", and even if it doesn't, I doubt the toll road will let you get off with that. I'd do what droopy421 said. Just get the EZTag to hopefully waive the violation. Just get one anyway. There's no monthly charge, only a $15 activation charge. All they do is require you to keep a deposit between $10 - $40 and deduct away from it every time you use it. You also pay less of a toll and don't have to wait.
