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MX, SX & Off-Road Discussions
General Moto | Off-Topic Posts
Going to court for riding, legal mess, need advice
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[QUOTE="joereitman, post: 723590, member: 43947"] Get an attorney; check martindale.com for a good attorney that practices in the area where court is scheduled. Find someone A or B rated with at least 5 years of experience. See if there is a right to a jury trial so the case can be bound over to a higher court. The prosecuting attorney in that court will probably not be interested in spending any time on this kind of case and will plead it out to an even lower, no points charge. Get your hands on a North Dakota code and see if the offense carries a possible jail sentence. If so there should be a right to appointed counsel for any of you that qualify as "indigent", which is fairly easy to show in some states. Instant free lawyer. But since you all are self employed you may not qualify unless your income is very low. While checking out the code determine the exact elements of the offense with which you are charged. Remember they have to prove you guilty Beyond a Reasonable Doubt. Sounds like from what you said there is reasonable doubt. What proof of damage do they have? What is their evidence of wilfulness? How fresh were the tracks of the offending bike? Did the tracks match any of your bikes? Were photos taken? How many tracks were there off the proper path? Where did they lead to? Which direction were they going (per roost)? Are the tracks consistent with your direction of travel? Can the state address these issues and rule out other explanations beyond a reasonable doubt? Had there been a long period of no rain, such that the tracks could have been there a while? When were other riders there? Did ANY of the 15 rancher/farmer dudes see you off the beaten path? They may not like bikes but since you were polite and most country folks are honest, they should tell the truth. Remember, you have the right to file a discovery request in most cases, and get any incident report and names and addresses of all witnesses. Consider having your lawyer call them, do a phone interview, and subpoena every one of them that cannot say they saw you off the beaten path, and that your lawyer thinks will be truthful on the stand. Have you kept all your documentation of permission to ride? You will need it in court. This sounds like a case where if you offer to pay the full amount of the fine, but to a substantially reduced charge that carries few or no points (such as simple trespass or something like loitering) it can get worked out without further hassle and your bud doesn't need to worry about losing his license. Good luck. [/QUOTE]
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MX, SX & Off-Road Discussions
General Moto | Off-Topic Posts
Going to court for riding, legal mess, need advice
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