As some of you may remember, I received a citation from a CO for riding my KDX in a "closed area" back in November. In this case the closed area was the roadway leading into Cedar Creek.
I represented myself and the CO,of course,had the Prosecutor on his team. They offered me a "plea" before trial - pay 80 and no misdemeanor. I said NO CHANCE and we went to trial!
Before given the citation I told the CO that my bike was street legal and he said "SO". The license plate was on the back of the bike and the registration was in my pouch but he wasn't interested!
Today in Court he DENIED that I had told him that my bike was street legal (and he took the same oath as I did :( ) Under oath, the Prosecutor ask him what I had done. He said that I pulled into Cedar on Linderman (yep guys, that trail is a roadway!), pulled up to my van, seen him and "putted" back into the trail (I almost laughed, it has been years since I have "putted" on a dirtbike :) )
Actually what happened was I drove straight thru the lot and into the south loop. He was trying to build a case for fleeing and eluding (felony = 5 years). Under VERY many "Objections your Honor" from the Prosecuter I was able to prove to the court that this could not have been the case. I did this by getting the CO to admit that he showed NO sign of wanting me to stop - even when he had over 300 feet of roadway (he was coming at me - going North) to do so.
I presented my registration that the Judge accepted as evidence (again under objection because I didnt give it to the Prosecuter first). The Judge discovered on his own that the date of purchase was before the date of the citation. He found out that I did, in fact, have a street legal bike!!
Bottom line, 5 trips to the court house, 75 minutes of trial and Woodsy is found NOT GUILTY! Man that prosecuter was MAD!!
My next move is filing a complaint with the proper authorties against the Officer! There was another rider present when I was cited (did not come to court but has agreed to testify if I want to proceed against the CO). Under the circumstances, I am going to do so. Does ANYONE have any suggestions for the best trail to follow i.e. a notorized complaint to the CO's supervisor, a charge filed with the Prosecuting Attorney, a letter to the local paper.....?
Any suggestions?
By the way, after the trial the Judge looked at me and said "I want you to know that I am TOTALLY against those bikes being in the woods". I asked why. He said because we mess up his trout fishing! I DID NOT DO THIS but I wanted to say - what makes you running a hook thru a fishes mouth better use of our public lands then me riding my bike on it?? I didnt say it but I wanted to!!
No you jokers, I am not a Greenie! I fish too!
Man what a day! I would have rather been doing my mid-week ride!
Woodsy
I represented myself and the CO,of course,had the Prosecutor on his team. They offered me a "plea" before trial - pay 80 and no misdemeanor. I said NO CHANCE and we went to trial!
Before given the citation I told the CO that my bike was street legal and he said "SO". The license plate was on the back of the bike and the registration was in my pouch but he wasn't interested!
Today in Court he DENIED that I had told him that my bike was street legal (and he took the same oath as I did :( ) Under oath, the Prosecutor ask him what I had done. He said that I pulled into Cedar on Linderman (yep guys, that trail is a roadway!), pulled up to my van, seen him and "putted" back into the trail (I almost laughed, it has been years since I have "putted" on a dirtbike :) )
Actually what happened was I drove straight thru the lot and into the south loop. He was trying to build a case for fleeing and eluding (felony = 5 years). Under VERY many "Objections your Honor" from the Prosecuter I was able to prove to the court that this could not have been the case. I did this by getting the CO to admit that he showed NO sign of wanting me to stop - even when he had over 300 feet of roadway (he was coming at me - going North) to do so.
I presented my registration that the Judge accepted as evidence (again under objection because I didnt give it to the Prosecuter first). The Judge discovered on his own that the date of purchase was before the date of the citation. He found out that I did, in fact, have a street legal bike!!
Bottom line, 5 trips to the court house, 75 minutes of trial and Woodsy is found NOT GUILTY! Man that prosecuter was MAD!!
My next move is filing a complaint with the proper authorties against the Officer! There was another rider present when I was cited (did not come to court but has agreed to testify if I want to proceed against the CO). Under the circumstances, I am going to do so. Does ANYONE have any suggestions for the best trail to follow i.e. a notorized complaint to the CO's supervisor, a charge filed with the Prosecuting Attorney, a letter to the local paper.....?
Any suggestions?
By the way, after the trial the Judge looked at me and said "I want you to know that I am TOTALLY against those bikes being in the woods". I asked why. He said because we mess up his trout fishing! I DID NOT DO THIS but I wanted to say - what makes you running a hook thru a fishes mouth better use of our public lands then me riding my bike on it?? I didnt say it but I wanted to!!
No you jokers, I am not a Greenie! I fish too!
Man what a day! I would have rather been doing my mid-week ride!
Woodsy
