New Hampshire Jails 68-Year-Old Man For Paying Toll With Tokens
Meet Thomas Jensen. The state that boasts "Live Free Or Die" jailed him for three days for trying to pay a fifty-cent toll with two tokens. Jensen believes the tokens represent a contract with New Hampshire that was illegally violated last January when the state began exclusively using E-Z Pass. A toll worker refused to accept the tokens and directed Jensen to a state tropper, who issued a citation for theft of services. A judge gave Jensen three choices: pay a $150 fine, perform community service, or spend three days in jail. Jensen chose jail.
Jensen never told his wife he was in jail. Beverly Jensen said she only found out when asked by a television news reporter.Braintree man jailed over 50¢ [The Patriot Ledger]After being set free Thursday, Jensen said he's considering a lawsuit. He said the state should just accept tokens until they're all used up.
''I just get offended by people trying to do me wrong,'' he said. ''They stole the value of these tokens from me.''
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Is he incredibly courageous and strong for standing up for himself, or incredibly stupid for choosing 3 days in jail over a measly 50 cents? While I can understand being upset over the discontinuation of the tokens, personally I would have just paid the 50 cents and then formally make a complaint about the issue later on.
Kudos to him. Just because the state decides that they're going to change the rules about HOW you pay a tax shouldn't mean that whatever tax you had already paid (i.e. buying those tokens) is invalid.
I don't know why it is that states in New England seem to think very little of trampling all over their citizens' rights, like they're some kind of afterthought, not even worthy of consideration.
Someone needs to remind these bureaucrats that they serve at the pleasure of, and for the benefit of, the people at large.
The state should be trading those old tokens for cash. If they swapped them for coin and let the guy pay with said coin there would not have been a problem.
I really loathe the easy pass systems. When we traveled through Chicago last summer it was frequently hard to get over to the cash lanes. The cash lanes are usually on one end and sometimes hard to cross traffic to get to. At one point we were forced through the ezpass lane. I probably have a warrant for my arrest or something in IL now.
@shadowsurfr1: Yes, there was at the very least 6 months warning, there was signs at all tolls, there was articles in papers and it was on the news. Even after they changed to EZ Pass they still took tokens for another 3 months.
This guy is a cheap moron, if everyone else can follow this simple rule why cant he?
I can see if it was like the day after the change went into effect or if they gave no warning but neither is the case.
They stopped taking tokens like a year ago!
There it is, right there on the NH DoT web page about EasyPass: "4. NH Turnpike Tokens are no longer accepted as a valid form of toll fare payment. There is no token redemption program."
One assumes they used to sell these tokens, and probably offered some sort of discount if you bought a larger batch of tokens at once. They probably sold the tokens as a way to make it harder for their own employees to steal from them rather than as any sort of convenience to motorists, since I don't see how the tokens are more convenient than change that's useful elsewhere. I wish the gentleman luck. The post office doesn't make old first class stamps worthless when they raise the rate, they just make you buy additional postage or BRING THE OLD ONES IN for a refund. Not rocket science.
@GearheadGeek: "There is no token redemption program."
That's ridiculous. What did they expect someone to do who had a big bag of tokens -- try to use them all before the deadline? Sell them on eBay? Throw them in a lake?
Give 'em hell, Mr. Jensen.
Or he could have been a REAL American and sell 'em for $3.50 each + $1.65 shipping on EBay:
[cgi.ebay.com]
Certainly a better "investment" than 3 nights in jail or a $0.50 toll.
@d0x: At issue is not whether there was fair warning. That is not much of a consumer issue. The consumer issue is that the state sold the toll "currency" to the public for their hard currency, and then subsequently devalued all remaining toll "currency", pocketing any remaining cash value to the public consumer's detriment.
This sounds like someone trying to use an expired gift certificate. Yes, money was spent, but since he didn't use it in the time period specified, he lost out. The state should have had a buy back program, but people could have petitioned for that. Also, he got arrested by a state trooper - in my experience, staties are the most mellow of all the varieties of cop. I am willing to bet Jensen was a horrendous pain in the ass (I mean, c'mon, call your wife at least.) The idea that someone who goes nuclear just cause he can't get his way is a hero is just sad.
@loueloui:
Except this isn't a tax, it's a toll.
Tollway's are state owned, user paid for services, not taxes. Most states have/had some sort of compensation plan to refund or credit token amounts.
And again, this is silly. Pay the 50 cents, and take it up with the toll authority later.
Better to file a class action than to get arrested and charged, then convicted, then have to appeal.
Let's see - 3 days in jail or 50 cents? You figure it out...
Fifty cents.
This putz spent 3 days in jail over 50 cents.
I guarantee the trooper said something to him like:
ST"Pay the fifty cent toll or I HAVE to write you a ticket for theft of services."
Putz"No! I bought these tokens and I'm a gonna use them!"
ST" Seriously. If you don't pay the fifty cents, I HAVE to do something"
Putz"I don't care. Get off my lawn!"
ST"Okay, you now have two choices - pay the fine of $150 or spend three nights in jail."
Putz "Damn hippies. I'll spend the time in jail, then sue you!"
ST "You have the right to remain silent..."
What does it tell you that this moron didn't bother to tell his wife where he was? My guess is that he's just happy to be out of the house!
Next time, pay the 50 cents.
Civil disobedience, which I'm sure thats what some of you will call it, resulted in 3 days in jail, a pissed off wife who didn't know where he was, and the threat of having to pay thousands to sue the toll authority over a decision they implemented in January. You had 9 months to make a stink about it and then decided to bring back your days as a lost soul hippie whiner.
Good for you. Way to be an example for your grandkids. Lesson learned - if you don't like something, act like an ass about it even if it means having to spend three days in a stinky, sweaty jail with rapists, burglers, muggers, and petty criminals. What fun!
@andrewsmash: In my state (ca) there's no such thing as an expired gift certificate. Expiring something you exchanged money for is fraud. Same as what New Hampshire is doing to this guy. Can anyone dig up New Hampshire's laws pertaining to the value of old forms of currency and gift certificates/cards?
Good on this guy for sticking it to these pricks. As fakezen said, it cost way more to hold him in jail than $0.50. And yes, please use your call to contact your wife. Or ask someone at booking and/or jail to contact her.
So how do the tolls work out there? Here we have FasTrak toll roads which separates into two at every toll point, one is nonstop if you have the FasTrak rfid unit, the other is a collection of manned stations for folks who want to pay cash. The other side of the coin is the 91 Express (replaces carpool on freeway), which REQUIRES FasTrak transponders. Because there are no tollbooths. Seems like if they have the E-ZPass setup and still have a toll operator, it shouldn't be a problem taking the tokens. If you take currency via a manned station then, well, hello buddy here it is.
@killavanilla: FTFA: "He said the jail was a sparkling new facility, that the food was better than expected, and that the mattress was painfully thin. He said he spent three days sitting around talking with the other inmates - some who were in there for assaulting a police office, others for immigration violations."
Perhaps you confused jail and prison, kv.
By the time he was offered three days in jail it was already too late to pay the 50 cents.
Wow... "Live Free or Die" my ass. I'm with Mr. Jensen. From the sounds of it the state simply said "FU!" as to paying people back for leftover tokens.
I'm so glad I don't live in the Northeast anymore... In my home state (MA) there's toll roads popping up all over... At least where I live now in TX I have a choice of whether or not I feel I need to use a toll road. If I feel like avoiding it to get to Austin it doesn't take me any longer than the folks paying to use the toll roads.
Mr. Jensen's obviously a principled man, and I applaud him for standing up for what he believes is right. Plus, he got "three hots and a cot" for each of his days in jail... for free. (well, free to him anyway)
I tried commenting on this story earlier, but couldn't log in. I read it this morning and thought about how long it would take for a flame war to start between the "50 cents to stay out of jail!" and the "standing up for his rights" crowds.
What I probably would have done, if I hadn't been able to use all my tokens by the deadline, is paid the 50 cents and then raised hell with my local representative about getting a refund for whatever tokens I had left.
Having spent a weekend in jail in my "misspent youth" I will do just about anything to avoid going back. Even a jail as nice as the one he describes.
@EtherealStrife: It maybe fraud in California, but it stands as a contract in Oregon. It says 'I will pay in advance in order to take advantage of a discount or in order to transfer a service for which I have paid to someone else.' It isn't a gift card which is similar to money, but with limitations on where it can be spent. Most of them say that they have no cash value, and if you buy something that says it will expire by a certain date, and you don't use it, then it's your loss. It would be like taking back expired milk because you didn't drink it before it went bad. The fault lies with the consumer, not the provider.
In Pennsylvania when they phased out the tokens, you could exchange them for cash. Unless the roll of tokens said "NO CASH VALUE", then give a refund of un-used tokens or accept them. The state made the willful choice to phase out a system they created.
You can contact the New Hampshire Turnpike at 603-485-3806.
You can contact the Rochester District Court at 603-332-3516.
@SimonSwegles: I understand that but this guy had over a year to get rid of his tokens, whether by use or selling them off to someone.
I'd understand the issue if he wasnt given fair warning but...lets be honest here, the guy could easily have found someone to buy a few tokens off him.
Also if you read the old website it said the tokens had no value nor was a claim of value ever made so there would be no redemption plan regardless.
If this guy had half a brain he would have just gone through a exact change lane and threw the tokens in the basket, he would have been let through just fine with no ticket, jail time or anything.
He knew damn well what he was doing which is why he spent time in jail over 50 cents. He wanted the attention.
The state made the willful choice to phase out a system they created, with an unacceptable exit plan, other than void all the rights of passage they made with citizens past a certain date.
Pennsylvania bought back un-used tokens for cash during phase out. New Hampshire has an obligation to make whole on the tokens they created.
You can contact the New Hampshire Turnpike at 603-485-3806.
You can contact the Rochester District Court at 603-332-3516.
Sounds like a governmental "taking" to me. I think the public is due just compensation for their unused tokens.
And while I wouldn't want to play scrabble with this guy, I give him props for fighting. I hope he appeals! Of course, there is a major problem with his case--he could have sued civilly for the taking and paid the toll in cash. While this is a great way to get publicity for the cause, I'm pretty sure that the issue would be better resolved by a class action lawsuit. I wonder how many unused tokens are out there, anyway....
The guy is certainly a very stubborn man, don't think it was worth it to the State of New Hampshire to jail him for 3 days and wasn't worth it for the man to fight over 50 cents.
But if you guys read the Patriot Ledger article, the man's NOT a resident of New Hampshire! He's from Braintree, MA (near Boston)! Last time I checked, while states might alert the residents of its state about phasing out of a method of payment, the guy really had no way of finding out (perhaps except for coincidence) that NH has phased out tokens.
@doctor_cos:
"Welcome to Consumerist, eh? This guy stands up for something he feels strongly about, and he's the asshole."
Yeah. That's sort of the point that many of you seem to miss about the consumerist site. It's not JUST about standing up for what you believe in, but more aptly put it is about getting your problem resolved efficiently and quickly.
See, had he contacted consumerist.com BEFORE going to jail over 50 cents, they likely would have advised him to pay the 50 cents and take it up with an official at a later date.
THAT's why he's an ass. His 'protest' ended up with him in jail for 3 days.
Standing up for what you believe in is fine, doing it with your brain instead of your heart is what they call 'being smart'.
I grew up in New Hampshire and still travel there frequently, and can vouch that people are very sore about the lack of a redemption program. The state essentially stole a great deal of money from people when they discontinued the token program, which had been in place for decades. It would have been nothing to them to continue accepting tokens until they were all redeemed. Most of the tollbooths were exact-change-only, involving no personnel increases or added costs (since they had already been processing tokens). I have nothing against EZ-Pass or FastLane (in MA), and it's sure made the Hampton tolls less congested, but this guy soaking the state for three days' room and board on principle is a kind of civil disobedience I can get behind. It's also the kind that's made New Hampshire the place it is since its first settlement. Kudos to you guys for giving him some national exposure.
@killavanilla: But one could just as easily argue that he's an effective consumerist because he gave his legs to his story by taking the 3 days over the fine or community service.
Yeah, it's a bit much for 50 cents, or even the $150 fine, but what he wanted to do was to make a point, and that's exactly what he got. Plus, he's a retiree, so he didn't lose any wages by spending 3 days locked up.
@spinachdip:
Listen, you can make all the excuses for why this guy is a hero you want.
That's cool if you think he accomplished more by going to jail for 3 days.
Personally? I think he wasted 3 days.
He could have easily spent that time talking to his local government representative, his governor, his state legislators and the media about his story. That could have given 'legs' to his story too.
Just think, we could be talking about the kick ass consumer who took his fight to his state and got things changed for the better.
Or we could be talking about the guy who exposed his governments lack of concern over his expired for 9 months tokens.
But to be saying that he did any good whatsoever by spending 3 days in jail over 50 cents just doesn't wash with me.
There are plenty of other things that could have been done. Having the state pay for three days of incarceration over two tokens worth 50 cents to me, seems like a complete waste of government resources over what amounts to nothing.
He COULD have appealed to his government, maybe started some grassroots campaign, and perhaps caused the state government to change their practices. As it is, all he did was allow a state to collect his debt to them over three days of the joy of jail.
I get it. He cares alot about his 50 cents. Personally, I think he could have done more by paying the 50 cents and actually talking to someone.
I'm sorry, but three days in jail isn't worth it. $150 isn't worth it. 50 cents? Yeah. That's worth it. Think about it - spend three days in jail or pay 50 cents...
What would a smart person do?
50 cents is the answer.
Bring it to your governor, get things changed, make a media stink. Go to jail? No freaking way....
@GearheadGeek: the tokens WERE sold as a convenience to locals and commuters as a trade-off for implementing tolls. The tokens were half-price, but you had to spend $5 for a roll of 40 (1 token = 25 cents of toll, but cost 12.5 cents). I've never heard of employee theft reduction as a benefit of them.
@d0x: depending on where he was, there are no unstaffed "exact change" lanes anymore. On I-95 the cash lanes are all staffed. Only the tiny little podunk toll plazas might still have exact change baskets. And I doubt very much those still accept tokens, so he'd be in the same situation anyway.
@Applekid: The tokens aren't legal tender, so the phrase doesn't count. The tokens aren't REQUIRED to use the toll roads; they are a discount program.
@thepounder: What the heck do you mean there are new toll roads "popping up" in Mass.? There's serious talk of removing the tolls from (at least part of) the Turnpike, and otherwise, the only tolls are on one bridge and two tunnels.
-------
Also the token program was a FANTASTIC bargain for those who took advantage of it -- half-price tolls! And NH did away with discounts when they went to EZPass.
@killavanilla: My last comment was meant mostly to be a devil's advocate, not to disagree with you.
My point is that, while you may not think it's worth it to spend 3 days locked up to make a point, it was worth it to him, and as far as this story goes, that's all that matters.
And while there are ways to make a stink without doing prison time, I'm not sure appealing to a local politician or getting on one of those "help the little guy" segment on the local news would have the same impact, success rate or the audience that doing (not exactly) hard time would. Plus, I wouldn't expect a retiree to be net savvy enough to start NewHampshireDOTsucks.com.
@Antediluvian: "And NH did away with discounts when they went to EZPass."
I don't know if I read it here or elsewhere, but some study showed a disproportionate rate of increase in tolls on the NJ Turnpike since the EZPass was implemented, but was met with little resistance. The obvious takeaway is that, just as with credit cards, people are willing to spend more money if money doesn't physically leave their wallets.
@floofy: Maybe his wife is something like Hyacinth Bucket (pronounced Bouquet !) and he used this opportunity to get a break from her. ;)
My apologies for the Keeping Up Appearances reference -- I'm deployed and watch far too much BBC on DVD in my free time.
@spinachdip: Personally, the turnpike fees are reasonable. 4 bucks to cover Jersey City to Delaware is nothing, and one exit up or down from the last is 35 or 50 cents, cheaper then the parkway. But then again, I don't travel the Turnpike every day. The Parkway has had some recent toll changes, but thats because they are now staggered, farther away on each side. Instead of a toll both south and northbound at any given exit, its one or the other at double the price. So if you only travel one way, and not far enough to hit another toll, you don't even have to pay.
And about telling his wife. If he was taken to jail right after sentencing, when would he have been able to tell her? Either NH doesn't give you money to make a call after sentencing (that 1 call you hear about is always after being arrested, not sentenced), or their phones don't allow for long distance calling.
Though alot of states are outlawing the expiration of gift certificates or cards, even with your comparison it does not hold regardless. When buying a gift card where they can expire, you know when they will do so, with regards to the tokens, they were not sold with an expiration date.
The State of New Hampshire should just have set a date to turn them in for comparable value, you can not expect a person to just use them up before a deadline. I would assume that one of two things occurred, he used them as normally as he did before (who actually tries using them up as soon as possible) or he had not seen any warnings as he didn't travel the turnpikes frequently enough.
In any regards, I applaud the guy for sticking to his principles. Just paying the 50 cents or just paying the fine, does not show you were not the one doing wrong.
GOVT: You must use EZ Tag.
CITIZEN: But what about these tokens you sold me?
GOVT: Too bad, so sad, they are worth nothing!
CITIZEN: So you stole my money?
GOVT: Of course! What are you going to do about it? Take up arms and throw us out? Screw you!
CITIZEN(S): **Take up arms and throw government out**
@SimonSwegles: Exactly.
Out of curiosity, do most states make you slow down for the EZ-Pass? In Oklahoma they don't (yeah, nothing like paying the toll at 90), but in Kansas you have to do 20.





















Shouldn't they have had some sort of token buy-back program where you could exchange them for EZPass credit? If they didn't, I can see why this guy was irate; if they did, he needs to pay better attention.