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YES! After a year and 1 month, I finally got my day in court!! For those unfamiliar with the event... here is a brief recap...During the Idaho Trail Ride of June 2003, One of our excursion trips was to travel the highly publicized 'South Canyon Road' (Elko County RS-2477 Road #748) Located south of Jarbidge, Nevada. We had four trucks that decided to make the entire trip to the end of the road at the Snowslide Gulch Wilderness Trailhead. There were several portions of the road that were completely obliterated by washouts and land slides. We were able to follow some existing ATV / tracks through the raw forestlands. We made it successfully to the trailhead with only one truck suffering a broken axle. We had a picnic there while the kids played in the Jarbidge River.
Anyway, approximately three months later, Special Agents for the U.S. Forest Service called on me at my residence in Idaho, and as a result of their interview with me, I was issued a citation for violating Title 36 Code of Federal Regulations, Part 261.13(h) "It is prohibited to operate any vehicle off National Forest System, State, or County roads: in a manner which damages or unreasonably disturbs the land, wildlife, or vegetative resources." The fine for such an offense is $150.00!
Well, after pondering wether I should just 'cave-in' and send in the dough, I decided that I felt is was not fair to be issued such a citation and that I believed all along that I did nothing wrong! Especially since there were obvious signs of previous travel through the area I went!
Well, it was only nine monts after the alleged incident that I was arraigned in Federal Court in Reno, Nevada (Approx. 500 miles from my home) Where I plead NOT GUILTY and requested a formal trial to settle the issue once and for all! (Thank goodness for our judicial system and our rights as citizens!) The trial date was set and then changed several times untill finally I was in the U.S. District Court in Reno, Nevada last Friday July 30, 2004!
Well, it was very short lived! The Prosecution presented only two witnesses to testify. After resting their case, (The U.S. Prosecutors) My Attorneys requested that the Magistrate Robert Mc Quade JR, 'Dismiss the charges' and 'throw out the $150.00 fine' on the basis that the Prosecution did not present evidence 'beyond reasonable doubt' that I had caused any violation of the statute! The Magistrate was easily compelled to grant the dismissal and I won the case!
In part of the Magistrate's comments, he noted words to the effect that because the 'Government' was unable to define what 'reasonable disturbance' would be, the actual statement I made to the Special Agents defined it very well, and that he thought it appeared that I was the only one in the case that knew what 'reasonable' means! He also noted that per my own admissions, it IS possible to operate a vehicle 'off raod' and NOT violate the statute!
Thus, the moral to this is:
#1 When 'off roading' be prudent and use reasonable care while operating a vehicle.
#2 Remember, when making a statement to any law enforcrment oficer, DO NOT ADMIT TO ANYTHING!
#3 U.S. Forest Service, Fish & Wildlife Service and other personnel have absolutely NO GREATER LEGAL AUTHORITY than you do unless they are ON U.S. controlled property! Thus, If they approach you at your residence or on private property, you have no obligation to talk with them, or follow their orders! In fact, you can place them under citizens arrest, just like they would to you if you feel they are trespassing and will not leave your premises!! I want to thank everyone in the Power Wagon world that had provided support in my case! I am glad to have prevailed for YOU!
Here is the link to a pretty comprehensive article detailing the victory!!
http://www.elkodaily.com/articles/20...ocal/news2.txt
Anyway, approximately three months later, Special Agents for the U.S. Forest Service called on me at my residence in Idaho, and as a result of their interview with me, I was issued a citation for violating Title 36 Code of Federal Regulations, Part 261.13(h) "It is prohibited to operate any vehicle off National Forest System, State, or County roads: in a manner which damages or unreasonably disturbs the land, wildlife, or vegetative resources." The fine for such an offense is $150.00!
Well, after pondering wether I should just 'cave-in' and send in the dough, I decided that I felt is was not fair to be issued such a citation and that I believed all along that I did nothing wrong! Especially since there were obvious signs of previous travel through the area I went!
Well, it was only nine monts after the alleged incident that I was arraigned in Federal Court in Reno, Nevada (Approx. 500 miles from my home) Where I plead NOT GUILTY and requested a formal trial to settle the issue once and for all! (Thank goodness for our judicial system and our rights as citizens!) The trial date was set and then changed several times untill finally I was in the U.S. District Court in Reno, Nevada last Friday July 30, 2004!
Well, it was very short lived! The Prosecution presented only two witnesses to testify. After resting their case, (The U.S. Prosecutors) My Attorneys requested that the Magistrate Robert Mc Quade JR, 'Dismiss the charges' and 'throw out the $150.00 fine' on the basis that the Prosecution did not present evidence 'beyond reasonable doubt' that I had caused any violation of the statute! The Magistrate was easily compelled to grant the dismissal and I won the case!
In part of the Magistrate's comments, he noted words to the effect that because the 'Government' was unable to define what 'reasonable disturbance' would be, the actual statement I made to the Special Agents defined it very well, and that he thought it appeared that I was the only one in the case that knew what 'reasonable' means! He also noted that per my own admissions, it IS possible to operate a vehicle 'off raod' and NOT violate the statute!
Thus, the moral to this is:
#1 When 'off roading' be prudent and use reasonable care while operating a vehicle.
#2 Remember, when making a statement to any law enforcrment oficer, DO NOT ADMIT TO ANYTHING!
#3 U.S. Forest Service, Fish & Wildlife Service and other personnel have absolutely NO GREATER LEGAL AUTHORITY than you do unless they are ON U.S. controlled property! Thus, If they approach you at your residence or on private property, you have no obligation to talk with them, or follow their orders! In fact, you can place them under citizens arrest, just like they would to you if you feel they are trespassing and will not leave your premises!! I want to thank everyone in the Power Wagon world that had provided support in my case! I am glad to have prevailed for YOU!
Here is the link to a pretty comprehensive article detailing the victory!!
http://www.elkodaily.com/articles/20...ocal/news2.txt
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