Criminal Defense: Penal Code 640

Posted on Posted in Uncategorized

Penal Code 640

 

What is Penal Code 640

Penal Code 640 applies to specified acts committed in or on a facility of public transportation system.  This means that if any of the following acts occur on a public bus, train, metro or other means of transportation, or in the public building that houses said means of transportation, then Penal Code 640 applies.

Acts covered by Penal Code 640 as an infraction

*Eating or drinking in areas where prohibited.

*Disturbing another person by loud or unreasonable noise.

*Smoking in areas where prohibited.

*Spitting in or an any public transportation facility or vehicle.

*Skateboarding, roller skating, bicycle riding, roller blading, or operating a motorized scooter or similar device in a facility, parking structure or vehicle.

*Evasion of payment for fare.

*Misuse of a ticket, transfer, pass, or token with the intent to evade payment of a fare.

*Unauthorized use of a discount pass.

Acts covered by Penal Code 640 as an infraction

*Willfully disturbing others by engaging in boisterous or unruly behavior.

*Carrying an explosive, flammable liquid or acid.

*Urinating or defecating in an area other than a public restroom.

*Willfully blocking the free movement of another person.

*Willfully tampering with, removing, displacing, injuring or destroying anything in the facility or on a vehicle.

Penalty for the first or second offense of Penal Code 640 as infraction

Penal Code 640 can be an infraction, punishable by up to 48 hours community service, done within 30 days and up to $250 in fines.  The community service hours are not to conflict with the defendant’s school or work hours.

Penalty for third conviction of Penal Code 640 as infraction

Upon a third conviction, Penal Code 640 establishes a more serious penalty, with up to 90 days in county jail and up to $400 in fines.

Penalty for Penal Code 640 misdemeanor

Penal Code 640 establishes a more serious penalty, with up to 90 days in county jail and up to $400 in fines for some actions.

Defenses to Penal Code 640

Ignorance of the prohibition- If you are eating or drinking in an area where such acts are prohibited, yet there is no signage or inadequate signage, you may have a valid defense.

Lack on intent- If you did not have the intent to violate the statute, you have a valid defense.

Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you have been arrested for Penal Code 640.

Law Office of Stephanie M. Arrache

A Criminal Defense Firm

PO Box 3297

Palm Springs, CA 92262

Office: (760) 237-8295

Cell: (760) 668-8295

www.stephaniearrache.com

https://www.facebook.com/PalmSpringsLawyer

Leave a Reply