D/s = Freedom

[woodsy]

I hope I am not the only one who has put this together. Along time ago (about 30 years) a dirtbiker co9uld climb on the old DT and cruise the trails for hours and NEVER have a "cumbersome" interlude with the authorities - my how things have changed!!! 8 years ago my son and I were "caught" (I drove right up to the officers car thinking he was a welcome friend - HA) riding the snowmobile trails here behind our home. The "officer of the forest"
explained in detail how he could take our quads/equipment/licenses as well as my next 3 weeks pay for doing what we were doing (having fun has its price now adays). After apologizing for intruding on his property and promising not to do it again I asked if there was a way that a person could enjoy his "freedom" with0ut causing a "law professional" like himself a problem. He said that if I would license plate/insure/ORV sticker/OCY my michigan drivers license I could ride all the 2 tracks to my hearts content (I didnt know about this one cause my hearts contentment equals over 50k a year on my street bike and 15k a year on dirt).
Well I did as he suggested and must admit that up to this last week I have had a RIOT Dual Sporting (to me this is riding my KDX250 around the Michigan CCC trail/crossing the Mackinaw Bridge ect..) with NO legal probs. Now however I have a "riding in a closed area" ticket to fight in our Muskegon court because of my friendlyness. I was "caught" riding into the entrance at "Cedar Creek" on my D/S KDX by a Mi CO. I told him that I was street legal but he didnt care he just said "really" and wrote the ticket any way. He acted like he needed the money real bad or somthing.... He didnt bother writing my plate number or anything down he just wrote "Kawasaki Dirtbike and then the VIN # at the bottom of the ticket!!! I was kind and didn't tell him that I would be seeing im in court soon. I pled not quilty at my "aranement" (for those of you who have never had one of these tickets it is a misdemeanor) and have a Janurary pre-trial date set. I plan on taking my MI registration, a copy of my state inspection form, my title and my bike to court with me. If all goes well and the prosecuter throws the thing out of court at pre-trial I will check into filing charges against the CO....
All in all I must say that it has been a GREAT 8 years of riding EVERYTHING here in lower Michigan. If I could average 8 years between contacts/conversations with a "notorious" Conservation Officer life would be almost perfect!!! One thing that I advise all you D/S riders out there - if you are in Michigan and you see a dark green truck headed your way DO NOT APPROACH!!!!!!!!! Whats inside is not your friend!!!
Woodsy

 

[KLRay]

Thank God for Sierra Pacific! The big lumber Co.s own most of the land around here...and the few security gaurds they employ drive pickups. ;) Otherwise there'd be no place to ride... :ugg:


(Disclaimer; never trespass on private property.)

 

[Layton]

I don't see how you could NOT beat that ticket. Sounds like the officer was being stupid.

Let us know how it comes out.

 

[DatOldGuy]

Well, Woodsy, we never heard the end of the story about your encounter with "the long arm of the law". How did it shake out?

ps....
(Dual Sporters aren't the only riders being harassed in Michigan. Be sure to add riding a Personal Watercraft to the list of "non-approved" means of recreation. In Michigan, "Jet-Ski" violations are considered misdemeanors and land you directly in Criminal Court.)

 

[woodsy]

Your right Dat - it is funny that you ask now (my trial was last week). Here is how it all came out (I had it posted at a different forum - forgot I even put it here on D/S).
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




Report Post | IP: Logged

 

[Patman]

Check with Oldguy on what you might be able to do, how to do it and possible outcomes. He's one of the badged people ;)