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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="FritoBandito, post: 724520, member: 34126"] I have more information to clarify what is going on up to this point. We rode out in the National Grasslands, which means if we fight this and win, that the states attorney could go back to the Federal level and say to them that the charge didn't stick, so they might send us to a federal court for something like Trespassing. If we take our lumps and plea to a lesser charge, it is settled and we move on. The 4 people that did get charged, me included, did talk to a Forest Service Law Enforcement agent and gave him our side of the story about 2 months ago. That gives them enough ammunition to charge us in the first place. We have already incriminated ourselves, because this guy told us that none of the trails we have are legal in the eyes of the Forest Service. I can't see us fighting this and winning against a Government agency if it escalates to that level. Nor can I afford to fight at that level. Our options are to #1 Go to court and fight the charges. #2 Plea for careless driving, $30 fine and 6 points on our driving record. #3 Plea for Criminal Mischief, $250 fine and 6 month deferred sentence. I think it's a fair agreement that they are giving us options, because a couple of us just can't have charges against our driving record. Our lawyer is very knowledgeable in the laws and being a rural area, he works with all parties involved on a regular basis. So he feels he knows what the prosecutor is asking for. Maybe it is a mistake to even be putting these things out on a public forum, but we never went out to go riding that day with any intent to cause problems, do damage, or harass a group of ranchers or their cattle. Some of the riders in our group have rode this area for maybe 10 years without a problem, so I guess we must have been lucky that we were not caught sooner. I wish that the Forest Service people would have just asked us to meet with them and explained to us that if we were in the wrong area, to set us straight as to what are legal trails. The saga continues .......................... [/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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