Help needed in Northern Michigan..
I am the Presidant, of a small ATV club in Manistee County. I am working on Manistee County Officals to pass an ordence to permit ATV'S on the shoulder of the county roads. I have been at this a little over a year, and we are wery close to getting a trial program going.
The DNR, and Forest Service are against it, and are putting as many road blocks in my path. The last thing they did is, give my wife and me tickets, for riding ATV'S in a closed area. We live in a private Subdivision, that is surrounded by Federal Land, and a Federal Rec area on the south side There are several dirt roads that are in the Subdivison, and are concitered private, my wife and I were riding our ATV'S in the Subdivision, stopping to see several friends, and neighbors, when we got back home the DNR was setting in the neighbors drive way. They came in our drive way and gave us tickets for riding in a closed area, stating the area 1/4 mile from the recreation area is a closed area, they also said the saw us leaving Federal Land, and they didn't. The Gudge is siding with the DNR The feds are wanting resitutions for damage to the area. I don't have the $$$ to fights. I am fighting for all of us, and now I need your help.
R Stapley e/mail rmstapley@kaltelnet.net

 

I hope you are not going to these township board meetings by yourself in an attempt to get your County shoulder roadways opened for ORV use?If you are, you are going about it the wrong way.

Some of our club,along with many others ORV users and representatives,had to fight tooth/nail against the DNR and Forest Service in order to get the 4 Counties that we currently have opened now in the Lower Penninsula of Michigan. This is NOT something that ONE person can do on their own,especially when your dealing with the DNR and Forest Service.If the decision making were left up to those guys alone,im a firm beleiver that Michigan forests would be completely CLOSED to ANY type of ORV use,PERIOD!

I dont know what to tell you about your ticket.Though I completely sympathize with your situation,you may be better off paying for the ticket for riding in a closed area.

Now they want you to pay for damage to Federal land when they did'nt even see you ride there?Thats a differant story and the burden of PROOF is for them to PROVE this. If they cant prove you guys did the damage,they have no case.

Case Closed!

 

Oldboy,
I need more info, what did you get the ticket for? Riding on the road or riding on Federal land.


As far as getting the roads open we have some information to help you with that. Muddy is correct in saying you are going to need help but it still requires a grass roots effort and that is where you come in. Don't get too discouraged we might be able to help you get through this.

 

muddy. We are working with the County Commiassioners, and Road Commisston, The DNR, and Forest Survice have nothing to say on the sbout the County Roads.

CCC NURSE.. The tickets were for riding in closed area, and burning without a permit, the charges are Operating- orv- contrary to regulations on public lands. The CO said she saw us leaving Federal Land. She did not, ALL SHE SAW WAS atv TRACKS, THAT COULD HAVE BEEN MADE BY SEVERAL OTHER PEOPLE. ALSO THERE WAS NO FIRE, just some ashes, from a old fire.

 

Oldboy,

Best advise I can give you regarding your ticket is to pay the fine. The Magistrate or Judge is going to be hard pressed to disregard the word of a C/O, coupled with the known fact that most ORV damage is caused by locals. This may not have been you personally, but it was somebody near where you live. If you know who it is that is riding illegally on USFS land you might want to share with that person how much your fine is and how much of it you consider to be theirs.

Contact BusyRider for info regarding your fight to open the county roads, he may have some information that might be able to help.

 

I see you have two issues. One, a Judge and law enforcement wanting to make an example of you.. and 2) a willingness on their part to lie to make that point. It is difficult to fight that mentality when they are willing to soil the uniform they wear to make a point.

I do not suggest in any way to suggest in court that the officer is lying. Questioning the reputation in court is a serious offense that can land you in hot water... unless of course you have witnesses such as the neighbors who you were visiting, times f your visit and when you got your ticket etc. IF they do not add up, you might have an argument.... But it is iffy at best.

Also, if the officer states it was a cold fire, then how long does it take for a fire to cool down and you exit the forest etc...
A simple lawyer may be your best recourse. Look to the state NOHVCC chaptor for the local legal rep. There is one in every state associated with the organization. They certainly can provide a better answer to you than most of us can.

 

Dragginbutt.. I can't aford a Lawyer what is this NOHVCC? Looks like I will be on my own, and will get screwed. I have checked around for help, and know one is stepping up to help. I juess this is what I get for tring to make somthing happen for all of us.
This won't stop me from from my efferts to get the ATV'S some rights, it will make me more aggressive.

 

The National Off Highway Vehicle Conservation Council. Look them up at &lt;FONT color=#990000&gt;&lt;A onmouseover="return self.status='http://www.NOHVCC.org'" style="TEXT-DECORATION: none" onmouseout="return self.status='" href="javascript:HandleLink('cpe_24665_0','CPNEWWI N:child^toolbar=1,location=1,directory=0,status=1, menubar=1,scrollbars=1,resizable=1@http://www.NOHVCC.org');" CPLINKURL="CPNEWWIN:child^toolbar=1,location=1,dir ectory=0,status=1,menubar=1,scrollbars=1,resizable =1@http://www.NOHVCC.org">&lt;FONT color=#990000&gt;www.NOHVCC.org&lt;/FONT&gt;</A>&lt;/FONT&gt;.

 

I personally know of a case where law enforcement personell have lied. Actually, it was a case where they wanted an individual to lie in helping convict another person. When the individual refused, she was also charged, convicted on false testimony, and spent two years in prison. The judge in the case was the subject of an incriminating feaure article in a national magazine, but even that didn't help. I'd better not say any more about this.

So, be very careful when you deal with law enforcement.

Getting a ordinance allowing riding of ATV's on road shoulders is a tought one. One Minnesota county recinded such an ordinance after the shoulders were torn up by ATV's. Around here, they let us ride on the roads, because they don't want ATV's on the shoulders or in the ditches.

 

Did the Conservation officer not see you riding on federal land because you never rode ther or because they were not there when you were in there illegally. If you never went in there and started a fire I hope you win.