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  #16  
Old 11-23-2010, 12:04 AM
pooleo pooleo is offline
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Default Re: got a ticket...

I got busted once the first week I bought my yz250f, we were riding orchards and came up to a road. We sat there waiting for traffic to clear. As we wanted to cross the road.

We see this state boy drivng down the road, passed us, then flipped on his lights, slammed the breaks and whips a shitty right in the road!

We were like Oh shit! I took off down the side of the road. Came up to were the asparigus feild started, hit the breaks ( after doing about 90 or so) and the bike stalled. ARGH! Didn't pull in the clutch fast enough.

The cop pulls out his gun and starts hollering. I about shit my pants!

He slams me to ground, cuffs me and in the car I go.

Come to find out, he is a rookie state police, first day on the job. He says, I was only going to talk to you guys. I'm like, you sure did make a big enough scene to scare the shit out of us!

He goes on to tell me while were waiting for the tow truck to impound my bike, I clocked you at 98. I was impressed! I had just geared up in the back 3 teeth to get some more top end.

I was charged with fleeing and alude, felony duh! I pleaded guilty in exchange for misdemeanor. I was 17 so nothing really came of it.

I spent two hours on a friday night in the drunk tank. I was so happy to get out of there, havn't been back since!

Then, about 3 years latter, I get stopped on the highway, with my bike in the truck. Its the same officer that busted me last time! He stopped me for tinted windows.

He rememberd me as I did him and we bullshited for a couple min. He let me go with a fix it ticket. I had the tint removed. Havn't seen him since.
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  #17  
Old 11-23-2010, 09:24 AM
littleblue littleblue is offline
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Default Re: got a ticket...

Which section is it? 601, 602a, 602d, 602n, etc. Depending on the section can determine your defense. Some of the sub sections have requirements the property be posted with no trespassing signs at certain intervals and others just require you knew you weren't supposed to be there like the following:

PC 602 (n) - Driving any vehicle upon real property belonging to,
or lawfully occupied by, another and known not to be open to
the general public, without the consent of the owner, agent, or
the person in lawful possession.


In Cali, trespass is a misdemeanor, the reason for the no fee listed on the ticket. The ticket is actually a misdemeanor citation in lieu of a physical arrest. All the documentation, pics, etc. is evidence to be used in court. Suggest you get legal advice.
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Last edited by littleblue; 11-23-2010 at 09:35 AM.
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  #18  
Old 11-23-2010, 09:39 AM
vapiper vapiper is offline
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Default Re: got a ticket...

reason why I stick to pay to play parks....anywhere else is illegal, at least here in Va. And it does not have to be posted...pretty much goes by if it isn't your land, you shouldn't be on it.....If it's posted, then you really should not be on it.... If you don't know...then you shouldn't be on it....hence why pay for play parks are the way to go for wheeling/offroading....

Good luck, best bet would to call, I'm sure there's a number on the ticket...and see if you can prepay and just call it a day.
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  #19  
Old 11-23-2010, 10:28 AM
FireRanger FireRanger is offline
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Default Re: got a ticket...

Quote:
Originally Posted by PaulBennett View Post
Easy one.
Find out ahead of time who owns the land and if it is posted anywhere. Go to court pleading Not Guilty and DEMAND to have the accuser, who MUST BE the landowner, press charges against you. They will not have been notified and the ticket should be dismissed.

Sounds like a nuisance OR money maker wrap. Tickets are for safety violations...you didn't endanger anyone. People have too much money and pay these things instead of standing up to them.
Wrong. That is not how trespassing works. The accuser does not have to be the land owner. The accuser is the police officer. The owner of the land has nothing to do with it. Trespassing is being on land that you do not have permission to be on. The owner is irrelevant, it does not need to be posted, and you do not need to be warned or told otherwise. You are giving bad advice.

Secondly, no tickets are not just for safety violations. Trespassing is a crime and he got caught. There isn't anything to fight. He can beg for the smallest penalty. But he won't find a way to get off of this because he's guilty and it is very cut and dry simple.

Were you on that piece of land? Yes
Do you own it? No.
Did you ask permission to be on it? No.
Guilty. Next case.
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Last edited by FireRanger; 11-23-2010 at 10:30 AM.
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  #20  
Old 11-23-2010, 10:32 AM
edgeman4.0 edgeman4.0 is offline
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Default Re: got a ticket...

Quote:
Originally Posted by FireRanger View Post
Wrong. That is not how trespassing works. The accuser does not have to be the land owner. The accuser is the police officer. The owner of the land has nothing to do with it. Trespassing is being on land that you do not have permission to be on. The owner is irrelevant, it does not need to be posted, and you do not need to be warned or told otherwise. You are giving bad advice.

Secondly, no tickets are not just for safety violations. Trespassing is a crime and he got caught. There isn't anything to fight. He can beg for the smallest penalty. But he won't find a way to get off of this because he's guilty and it is very cut and dry simple.

Were you on that piece of land? Yes
Do you own it? No.
Did you ask permission to be on it? No.
Guilty. Next case.

my thoughts exactly.
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  #21  
Old 11-23-2010, 05:19 PM
richarddhoward richarddhoward is offline
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Default Re: got a ticket...

Better question, did he know he was trespassing? Not that I can tell. Next question, if you knew you would be trespassing would you have done it?


I am on probation for a criminal trespass charge right now, I knew my consequences, I played the game and I lost. But I did so willingly, I'd say he deserves a tad bit of a chance if he would have not done so had he known. Should you get charged with criminal trespass if you were playing around on your property, didn't realize you crossed over to someone else's property and get arrested and charged for it, if you would have not been there if you had known?
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  #22  
Old 11-23-2010, 06:22 PM
ben10 ben10 is offline
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Default Re: got a ticket...

its a pc 602 (n)
im gonna have to look it up, but there was one no trespassing sign but it was off to the side of where we were going, and there was no gate. i guess we will see what comes of it, but i might go talk to a lawyer to see if its worth getting a lawyer hahaha.

----------

according to http://www.shouselaw.com/trespass.html#3

" Example: Ignoring a "no trespassing" sign and going onto another’s private property will generally be charged as an infraction…the first and second time. A third offense on the same property will lead to a misdemeanor filing.25"
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Last edited by ben10; 11-23-2010 at 06:16 PM.
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  #23  
Old 11-23-2010, 06:27 PM
05RangerEdge 05RangerEdge is offline
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Default

You can go over the details all you want but this is one of those situations where its cut and dry in their eyes. Its not like tv, more than likely you wont get an opportunity to battle back and forward about the what ifs. You kinda incriminated yourself with what you said above. You can argue the sign was not visible but you obviously knew it was not your land. A gate has nothing to do with it either, if i accidently leave my front door open it does not mean jo shmo can walk in and sit on my couch. Hate to sound negitive about it but your best bet is to roll with what's coming to you and not stir up any waves cuz it will prob just make things worse for you.

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  #24  
Old 11-23-2010, 07:23 PM
ben10 ben10 is offline
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Default Re: got a ticket...

i agrre 05rangeredge, im not planning on stirring up waves, but to go in KNOWING what to expect instead of going in blind is not a bad idea either, i was very polite to the cop as he was to me, and i didnt say i missed the sign, and i wont tell the judge that i did either. im just trying to figure out the best thing to do and maybe have some light shed on the situation, seeing as i have a few months before i go to court.
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  #25  
Old 11-23-2010, 07:44 PM
littleblue littleblue is offline
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Default Re: got a ticket...

Quote:
"Example: Ignoring a "no trespassing" sign and going onto another’s private property will generally be charged as an infraction…the first and second time. A third offense on the same property will lead to a misdemeanor filing.25"
California Penal Code § 602(n)
Driving any vehicle, as defined in Section 670 of the Vehicle Code, upon real property belonging to, or lawfully occupied by, another and known not to be open to the general public, without the consent of the owner, the owner's agent, or the person in lawful possession. This subdivision shall not apply to any person described in Section 22350 of the Business and Professions Code who is making a lawful service of process, provided that upon exiting the vehicle, the person proceeds immediately to attempt the service of process, and leaves immediately upon completing the service of process or upon the request of the owner, the owner's agent, or the person in lawful possession.


I was a police officer for 30 years in socal and your quote from the law site is a generalization of what could happen. It is going to depend on reason for the sudden enforcement on the property you trespassed, the jurisdiction it occurred in, the issuing city attorney/district attorney, etc. As you see above there is no requirement the property be posted. In the area I used to work we were only required by the city attorney to have a letter on file from the owner requesting enforcement. So again I would suggest you seek legal advice before your appearance/arraignment. There are a lot of legal aide organizations that can provide you free basic legal advice on how to handle you problem.
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Mods: Roush hood & cai, ASP pwr pulley, hot wtr bypass, 180 therm, e-fan, Gibson exh., 4.10 l/s, FabTech lift, kyb's, bii sway bar. 31x10.50 Yokahama ATs, Panther rims, light bar, SS grille, 03 stang buckets, explorer console, hurst shifter


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  #26  
Old 11-23-2010, 07:47 PM
ben10 ben10 is offline
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Default Re: got a ticket...

thank you littleblue very much, this is what im talking about, someone with actual experience in the matter, i will have to look into looking for some legal advice then.

Quote:
Originally Posted by littleblue View Post
California Penal Code § 602(n)
Driving any vehicle, as defined in Section 670 of the Vehicle Code, upon real property belonging to, or lawfully occupied by, another and known not to be open to the general public, without the consent of the owner, the owner's agent, or the person in lawful possession. This subdivision shall not apply to any person described in Section 22350 of the Business and Professions Code who is making a lawful service of process, provided that upon exiting the vehicle, the person proceeds immediately to attempt the service of process, and leaves immediately upon completing the service of process or upon the request of the owner, the owner's agent, or the person in lawful possession.


I was a police officer for 30 years in socal and your quote from the law site is a generalization of what could happen. It is going to depend on reason for the sudden enforcement on the property you trespassed, the jurisdiction it occurred in, the issuing city attorney/district attorney, etc. As you see above there is no requirement the property be posted. In the area I used to work we were only required by the city attorney to have a letter on file from the owner requesting enforcement. So again I would suggest you seek legal advice before your appearance/arraignment. There are a lot of legal aide organizations that can provide you free basic legal advice on how to handle you problem.
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