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Busted! What
to do when you get These tips can save you some grief! by Rick Sieman |
(Important: It's should be noted that the writer is not a lawyer, and has never even played one on TV. The information presented here is based on general advice from real attorneys he has known over the years. And since most of this advice was gathered in the Southern California area, you should certainly check for possible variances in your area.)
Let's say you're riding your bike or ATV
in the hills near where you live, at a place
you've been using for years, and all of
a sudden an officer of the law fixes you
with a steely-eyed glare and motions you
over to his idling squad car with a crooked
finger. What do you do?
Should you just slap your dirt bike into
gear and run for it? Or should you try to
talk to the officer first and find out what
he wants? But what if he wants to give you
a citation? What if he starts swearing at
you, calling you names, threatening you
with multiple offenses?
WHAT ARE YOUR RIGHTS?
First
off, any law officer who stops you to issue
a citation, or to even question you, must
tell you why he is doing so. You have the
right to ask him what laws you are violating
and what specific offenses, if any, you
are committing.
If you are doing anything allegedly more
serious than a traffic violation and are
subject to actual arrest, you must be read
your rights. Some policemen will attempt
to bill a simple off-road-riding excursion
as a multiple misdemeanor.
If you are on private property, you have
the right to ask the arresting officer who's
property you are on. If he can't tell you
where you are at the time, his citation
may be worthless.
POSSIBLE OFFENSES
No
one gives you a ticket for "riding
a dirt bike in the hills." Citations
are much more specific, and more often than
not, may never even mention the phrase "riding
a dirt bike."
Here
are some of the most common things listed
on a citation:
· Trespassing,
· Destruction of property
· No license on vehicle
· No green sticker (a California specialty)
· No spark arrester
· Fire hazards
· Noise violations
· Reckless operation of a motor vehicle
· Riding in a closed area
· Dust violations
· Destruction of the environment, and so forth.
Many of the violations will be phrased differently,
but it's safe to say that most citations
will be covered in one of the above.
When you do get a citation, the arresting officer can simply write down one offense, but if he has been directed to "crack down" on off-roaders, chances are you'll see multiple offenses on the citation, some of them making no sense whatsoever.
The reasoning behind this is simple. The
judge will drop, or offer to drop, several
of the charges while you plead guilty to
one of them. Most people are so intimidated
by multiple offenses on a citation that
they are relieved to "get off" with only one count.
WHAT YOU SHOULD DO IN COURT
If
you feel that you should not have received
the citation or that it might have been
illegal, by all means, fight the ticket.
However, if you were a real jerk and were
riding next to some homes and bothering
people, then pay the ticket and learn your
lesson.
Normally, the first time you go to court,
unless you plead guilty or no-contest, you
will not get to fight the ticket. The judge
will give you a later date to appear. This
will vary from one jurisdiction to another,
so find out ahead of time how your particular
system works.
You should seek the advice of an attorney,
even if he does not represent you in court.
He can give you some solid advice just by
looking at your citation and asking you
a few questions. This will cost you some
money, but you might be ahead spending the
money on a lawyer, rather than merely paying
what might be a $50 ticket. Some states
will list the off-road citation on your
driving record, perhaps jeopardizing your
license, or raising your insurance rates
for a long time
to come.
Ideally, it's best to have a lawyer with
you. When you do appear before the judge,
photos of the area where you were busted
might be helpful, especially if they show
the lack of signs. By the way, not all "No
Trespassing" signs are legal. Your
lawyer can explain local ordinances to you.
The judge might offer to drop three charges if you plead guilty to one. This indicates that most, if not all, of the charges are weak.
Before you appear in court, find out who owns the land. It's possible that you can get a written permission slip from the land owner to ride there, even if you have to pay him for it. Read that again: If you can show the judge a permission slip to ride on the area in question, you're home free!
If it's state land and you got a ticket
from a city cop, he has no jurisdiction
there, and the citation should be worthless.
On the flip side, a city cop cannot write
a ticket on state land.
Often,
spark arrester and registration citations
are worthless. Simply producing proof of
ownership of the bike will stifle a possible
charge. If some of the charges are ludicrous,
demand that the arresting officer offer
proof.
Destruction
of property is a common citation, but if
the riding area is a baked-dry piece of
ground, and you have photos of it, the destruction
charge could be dropped.
WHY YOU SHOULD FIGHT
Too
many citations are taken for granted. The
judge is not used to many people fighting
a ticket. The courts are jammed and overloaded,
and you might get the charges dropped if
you show a willingness to fight for your
rights.
A few years ago the San Fernando Valley (in Los Angeles), hundreds of citations were issued to dirt bike and ATV riders in a big push, and they were processed like tuna in a canning factory. What if all of those off-roaders had chosen to fight the tickets?
Then think about this: in many courts, if the arresting officer does not show up, the charges are often dismissed.
Don't make the mistake of assuming that the fine will be small enough not to hurt you financially. One family recently got citations for off-road riding, and the tickets were as follows: one for $860 and two others in the $500 range.
GENERAL ADVICE
If
several riders got a ticket at the same
time, you can split the cost of an attorney
to make it more affordable. If you do go
to court, make sure that you look presentable.
Appearing in a cut-off Levi's jacket with
a Mohawk haircut will do
you no good whatsoever in front of a judge.
Be polite and don't mouth off or make groundless accusations. Be prepared and have whatever materials you need with you on your day in court. Maps, photos and letters will all lend weight to your case.
Listen to your attorney and don't try to
play Perry Mason. If he tells you that it's
hopeless and you should settle for one charge
and the others will be dropped, do it.
More often than not, only one charge is
valid. Or possibly valid. The judge knows
this.
Sure, it's expensive and time-consuming to go to court and fight for your rights, but if the police realize that none of the off-roaders in your area will put up a squawk, they'll continue to harass and bust the riders, right and left.
The best thing you can do is to take preventive measures. If you ride in an area, stay away from houses and people. "Out of sight, out of mind" is a valuable proverb.
Try to get permission from the land owner, even if it's only verbal. Few land owners will be willing to give written permission, due to the sue-happy nature of our society.
Ride a quiet bike and don't irritate anyone.
But if you do get busted, fight it.