Google Answers Logo
View Question
 
Q: Can't pay taxi ( Answered 5 out of 5 stars,   2 Comments )
Question  
Subject: Can't pay taxi
Category: Miscellaneous
Asked by: jeraboo-ga
List Price: $10.00
Posted: 24 Oct 2006 21:51 PDT
Expires: 23 Nov 2006 20:51 PST
Question ID: 776611
In New York City, if one, at the end of a taxi ride or dinner out,
realizes that one hasn't the money to pay, has one violated a law, or
is this a civil matter?
Answer  
Subject: Re: Can't pay taxi
Answered By: tutuzdad-ga on 25 Oct 2006 08:06 PDT
Rated:5 out of 5 stars
 
Dear jeraboo-ga;

Thank you for allowing me to answer your interesting question. As the
commenter below pointed out the matters are addressed by New York
State Penal Law  165.15. However the statute addresses each situation
differently depending on the circumstances.

Failure to pay a taxi bill falls specifically under New York State
Penal Law  165.15(3)

3. With intent to obtain railroad, subway, bus, air, taxi or any other
public transportation service without payment of the lawful charge
therefor, or to avoid payment of the lawful charge for such
transportation service which has been rendered to him, he obtains or
attempts to obtain such service or avoids or attempts to avoid payment
therefor by force, intimidation, stealth, deception or mechanical
tampering, or by unjustifiable failure or refusal to pay;

The operative word here is ?intent?. If the person received this
service with the INTENT of depriving the driver payment in full, a
criminal offense has occurred under the law. If there is no ?intent?
to commit the offense (the rider lost his wallet, his credit card was
unknowingly cancelled, etc) the matter is not criminal as I interpret
the statute, rather it is civil.

As for the restaurant bill, the issue is addressed specifically in New
York State Penal Law  165.15(2)

2. With intent to avoid payment for restaurant services rendered, or
for services rendered to him as a transient guest at a hotel, motel,
inn, tourist cabin, rooming house or comparable establishment, he
avoids or attempts to avoid such payment by unjustifiable failure or
refusal to pay, by stealth, or by any misrepresentation of fact which
he knows to be false. A person who fails or refuses to pay for such
services is presumed to have intended to avoid payment therefor.

Again, the operative word here is ?intent?. If the person received
this service with the INTENT to deprive the server due payment in
full, a criminal offense has occurred under the law. Otherwise, if
there is no ?intent? to commit the offense (and non-payment is the
result of some unfortunate oversight or occurrence; the guest lost his
money, credit card, etc) the matter is not criminal in my estimation,
it is a civil matter.

Since our answers are not a substitute for informed professional legal
advice (see our disclaimer below) I have the obligation to recommend
that you consult an attorney for the best advice on this matter.

I hope you find that my answer exceeds your expectations. If you have
any questions about my research please post a clarification request
prior to rating the answer. Otherwise I welcome your rating and your
final comments and I look forward to working with you again in the
near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad-ga ? Google Answers Researcher



INFORMATION SOURCES

LAWS OF NEW YORK
http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
(Search for ?165.15?)


SEARCH STRATEGY


SEARCH ENGINE USED:

Google ://www.google.com


SEARCH TERMS USED:

New York penal code

New York laws

Statutes

Theft
jeraboo-ga rated this answer:5 out of 5 stars

Comments  
Subject: Re: Can't pay taxi
From: daniel2d-ga on 25 Oct 2006 01:00 PDT
 
How could one not realize they don't have the money to pay for a cab?
It is called theft of services if they can prove you did it without
intending to pay.  Most cabbies will allow you to get the cash at say
a ATM or from home once you arrive there.
Subject: Re: Can't pay taxi
From: canadianhelper-ga on 25 Oct 2006 05:38 PDT
 
Would this not fall under:

http://public.leginfo.state.ny.us/menugetf.cgi

Section 165.15 Part 3
With intent to obtain railroad, subway, bus, air, taxi or any other
  public transportation service  without  payment  of  the  lawful  charge
  therefor,   or   to   avoid  payment  of  the  lawful  charge  for  such
  transportation service which has been rendered to  him,  he  obtains  or
  attempts  to  obtain such service or avoids or attempts to avoid payment
  therefor  by  force,  intimidation,  stealth,  deception  or  mechanical
  tampering, or by unjustifiable failure or refusal to pay;

    Theft  of  services  is a class A misdemeanor, provided, however, that
  theft of cable television  service  as  defined  by  the  provisions  of
  paragraphs  (a),  (c)  and  (d) of subdivision four of this section, and
  having a value not in excess of one hundred dollars by a person who  has
  not  been  previously  convicted  of theft of services under subdivision
  four of this section is  a  violation,  that  theft  of  services  under
  subdivision nine of this section by a person who has not been previously
  convicted of theft of services under subdivision nine of this section is
  a violation and provided further, however, that theft of services of any
  telephone service under paragraph (a) or (b) of subdivision five of this
  section  having a value in excess of one thousand dollars or by a person
  who has been previously convicted within five years of theft of services
  under paragraph (a) of subdivision five of this section  is  a  class  E
  felony.

Important Disclaimer: Answers and comments provided on Google Answers are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Google does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. Please read carefully the Google Answers Terms of Service.

If you feel that you have found inappropriate content, please let us know by emailing us at answers-support@google.com with the question ID listed above. Thank you.
Search Google Answers for
Google Answers  


Google Home - Answers FAQ - Terms of Service - Privacy Policy