Showing posts with label Tickets. Show all posts
Showing posts with label Tickets. Show all posts

Sunday, November 1, 2009

Is it really illegal to scalp?

Again, my answer is my reliable old punt (pun intended)—sometimes. Because it is fall in Louisiana, there is only one really important topic: football. My personal drug of choice is LSU football, and if you look to your left and to your right, you will probably see at least two more similarly-addicted junkies.

Nothing else meaningful really happens in this state on Saturday nights in the fall—no one would dare—and, as the Florida game a few weeks ago proved, sometimes every occupant of the state only really wants to be in one place on Saturday nights.

With big-game LSU football tickets being one of the most valuable items on the planet, the question inevitably becomes, what is one really worth? And how much can you get for one?

A friend of mine was on the LSU campus the Saturday of the Florida game, and he had the bad luck to not have tickets. He and his friend found someone selling tickets, and each purchased one for $150. My friend, being a rather experienced football game attendee, was immediately suspicious of the ticket and went to the ticket office to have the tickets checked.

As it turned out, both of their tickets were counterfeit. (This story actually has a happy ending: my friends gave descriptions of the seller to the police, the police caught him and several other counterfeiters, and my friends got their money back.)

Now, obviously, it is illegal to sell counterfeit tickets, which are worthless, for several times the face value of the “tickets.” But what about real tickets? Under Louisiana law (Louisiana Revised Statutes 4:1), admission tickets to entertainment events must have the price paid for the ticket printed on the face of the ticket.

It is illegal to sell or resell an admission ticket to any athletic contest, dance, theater, concert, circus, or other amusement for an amount that is more than the purchase price printed on the face of the ticket. The ordinary penalty for violating this law is a fine of between $100 to $500 dollars and 30 to 90 days in jail. So, in other words, not worth the extra 25 bucks you might get for selling over face value.

Also, the statute allows for certain donations or contribution requirements to obtain the ticket in addition to the face value purchase price of the ticket, but only “in connection with the sale of tickets to athletic contests of institutions of higher education.” (Hmm, I wonder to what “contests” they are referring…)

Finally, the most interesting new part of the law, and the reason for my ambivalent “it’s only illegal to scalp tickets sometimes…” A section has recently been added dealing with ticket sales online. This section provides that it is legal to sell or resell admission tickets online at any price IF two requirements are met.

First, the organizer of the event and the operator of the location where the event is held must authorize the sale/resale of the admission tickets to the event at higher than face value.

Second, the operator of the website on which the ticket is offered for sale/resale has to guarantee (with that guarantee posted on their website, which the buyer is directed to prior to completion of the sale) a full refund of whatever price is paid under certain conditions: if the event ends up being canceled, if the purchaser, through no fault of his own, is denied admission, or if the ticket is not delivered in the way the website said it would be delivered and that failure of delivery procedure caused the purchaser to not be able to attend the event.


Prior to this new law, there were lots of great stories about people selling an admission ticket to the National Championship game for $1 on Ebay. Except the ticket was only being sold together as a package deal with an old LSU sock, which was priced at $9,000. Well, as long as the two requirements above are met, this sort of charmingly devious subterfuge is no longer necessary.

The provided information is fact-sensitive and jurisdiction-dependent. Consult an attorney before employing the above legal concepts.

Thursday, July 30, 2009

Traffic Ticket Know How

By Katie Penny



Is it worth going to a court date for a traffic ticket?
Unfortunately, as with most legal questions, the answer must be a decidedly and teeth-grindingly ambiguous, “it depends.” The most important thing to do is call the district attorney’s office and find out if court appearance is mandatory for the offense for which you were ticketed—and these are not immediately obvious, so always call to find out. If it is mandatory, then, you have to go to court. If it is not mandatory, then read on.
A traffic citation proceeding is a criminal one, in which the district or city attorney proceeds against the citizen. In any criminal proceeding, the offender has 3 options: to plead guilty, not guilty, or no contest (no lo contendere—is only done rarely for traffic offenses.) Pleading “guilty” sounds very serious—and it generally is—but it is often, in small issues like speeding, not a bad choice, because of the costs and trouble inherent in pleading not guilty. By pleading guilty, you waive the right to have a criminal trial in which to defend yourself and present witnesses in your defense, you admit your guilt, and accept the penalty.
If court attendance is not mandatory, you have the option of paying the fine or attending the court date to argue against the ticket. In essence, paying your fine equals pleading guilty. Showing up to court should mean pleading not guilty. You are given a certain amount of time, usually from 30 days to several months—it will say on the ticket and vary from parish to parish—to pay your fine before your court date.
Unfortunately, many people do not understand what their options are when they are issued a ticket, and they often do show up at their court dates simply intending to pay their fine. If you pay the fine, you have pled guilty and it is over. If you show up at your court date when it is not mandatory, the DA will view that as you pleading not guilty and contesting the grounds of the ticket. If you do not intend to contest your ticket and attendance is not mandatory, there is no reason to come to court.
The best advice, when you do agree that you were actually violating a traffic law—let’s say you were speeding—is not to go to court. Call the DA’s office, find out the amount of your fine, and find out where you are to pay the fine, go to that place, and pay the fine. Always ask what form your payment may take, as many parishes or cities will not accept personal checks, but only cash or cashier’s checks.
If you know you were guilty, and the police officer who issued you the ticket clocked you speeding and will testify against you at trial, then there is no real reason to come to court. If you come to court and admit you were speeding, you will simply be directed to the bonds and fines department of the sheriff’s office to pay your fine, which you could have done already without missing a day of work to go to traffic court.
If you do believe, on the other hand, that you were not really speeding and that the state could not prove you were, then by all means attend your court date. At that date, you should be prepared to go to trial: you must present evidence disputing the DA’s evidence of your guilt, i.e., your traffic citation issued by a police officer and that officer’s testimony.
Your court date is the time to bring witnesses and evidence to prove you were not speeding—or doing whatever your ticket was for. Your court date is not the time to show up and say you want to bring witnesses some time in the future. Go ahead and bring them with you. Simply showing up at court does not mean you will be judged not guilty, however; it just means that the DA will put on evidence that you were guilty and you will put on evidence that you were innocent, and the judge will decide who is right. That is not to deter people from pleading not guilty—if they truly were not guilty.
However, it might be difficult to prove—without video of your speedometer not speeding—and if you really kind of know you were speeding, and are just mad about getting caught, just pay the fine.

Other things to remember:
• Almost all of these things depend hugely on your particular parish. My best advice is to call the DA or sheriff’s office to find out your options in your parish.
• If you forget about your ticket until the day of your court date, and your head pops off your pillow in panic, then, yes, attend your court date rather than failing to pay your fine on time. If you do not pay your fine or show up to court on a non-mandatory citation, your driver’s license might end up getting suspended. If you do not come to a mandatory court date, the judge will issue a bench warrant on you. Very unappealing.
• If you cannot afford to pay your ticket all at once, then try calling whatever department collects fines and speak to them ahead of time about possibly setting up a payment plan to pay your ticket in installments. Whoever collects fines in your parish might be willing to work with you if you are being proactive about taking care of a fine. If your parish’s fine collector will not set up payment plans, then you can still usually show up at your court date and ask for an extension of time in which to pay the fine.
• The best advice of all: drive safely and do not break traffic laws in the first place!
The provided information is fact-sensitive and jurisdiction-dependent. Consult an attorney before employing the above legal concepts.