Legal Advice (ticket for driving on private property)

[Z32redondo]

Ok so long story short me and 2 of my buddies were mud riding begind a golds gym tonight. There were 20 other cars that are in my "crew" or whatever you want to call it that were there to. Ok so to cut to the chase. I drove out of the woods with my truck midway muddy and my buddies were still in the wodds playing. So my truck is sitting in the parking lot and they are still back there for another 10 minutes. So 2 cops come driving in and start asking for I.D.'s like always. SO they tell everyone else they can go except for me and the 2 that were in the woods. So they tell us that they are going to give us tickets for driving on private property without persmission. So I tell them that I wasnt drivng my truck bak there and hat I went mud riding earlier. So the cop ask's me real quick where I went earlier and just out off the top of my head I told her a place called Flatt Rck park which it is illegal to ride there also. Then about 5 seconds later I said that I went to a place called Dirty dog mud park in alabama and that I got the 2 places mixed up by accident because they are both parks. SO a different cop and I walk over to my truck and he continues to tell me all the reasons why he thinks I was in the woods mud riding when I continue to tell him that my truck was parke here when yall got here and that I went mud riding somewhere else earlier and it wasnt from here. So he write me and my friends a ticket for driving on private property without permission.

Ok so my question is, can he do that. Even though I told him I went somewhere else to go mud riding can he really give me ticket for riding on private property withou permission if he didnt see me do it? He saw my truck with mud all over the bottom half of it parked in a parking lot and saw my 2 buddies mud riding. Never did he see me out there just parked there.

Also If I dont go to court and if I jus pay the ticket can they take points off my liscense? Can they really do anything to me (suspend my liscense, take it from me, add points, etc...) besides fine me? I know the fine is like $300 or so but can they do anything to me besides fine me?

Also when you go to court for any type of ticket or anything do they tell you how many points get taken off your liscense? My last ticket I got the judge never told me whether I got points taken off or not. So does that mean no points? How can I check how many I have?

Anything you want to add would also be helpful here too.

[Z32redondo]

And excuse if some of the letters are missing in some words this keyboard sucks hairy balls and it is 2:30 in the morning.

[EssAreTwenTee]

I'd find out whos property it is and talk to them. If you are polite and apologetic then there shouldnt be a problem

[Z32redondo]

I'd find out whos property it is and talk to them. If you are polite and apologetic then there shouldnt be a problem

It wasnt the owner that called the 5-0 on us someone else did and I cant say that I was mud riding there anyway cause I already told them I wasnt. ID I told them I wasnt and I still got the ticket so If I go to court and totally change my story than wouldnt that be kind of bad??? lol

[KPowerEP3]

look at the ticket, it should have the ordnance that he cited...which code is it?

[KPowerEP3]

if he cited what I think he did, then yes it's a legitimate ticket, suck it up and pay it.

§ 40-7-3. "Off-road vehicle" defined


As used in this chapter, the term "off-road vehicle" means any motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain and not intended for use predominantly on public roads. It includes, but is not limited to, four-wheel drive or low-pressure tire vehicles, two-wheel vehicles, amphibious machines, ground effect or air cushion vehicles, and any other means of transportation deriving power from any source other than muscle or wind, except that such term shall exclude any motorboat; any military, fire, or law enforcement vehicle; any vehicles used exclusively on airports; all farm machinery, farm tractors, and other self-propelled equipment for harvesting and transportation of forest products, for clearing land for planting, for utility services and maintenance, for earth moving, construction, or mining; and self-propelled lawnmowers, snowblowers, garden or lawn tractors, or golf carts, while such vehicles are being used exclusively for their designed purposes.



§ 40-7-4. Operating restrictions


Any person operating an off-road vehicle under any of the following conditions shall be deemed to be in violation of this chapter and subject to the penalties provided in Code Section 40-7-6:

(1) Without operative brakes or without mufflers or other silencing equipment;

(2) On any private property without the express written permission of the owner of the property or his agent.



§ 40-7-6. Enforcement and penalties


All peace officers shall enforce the provisions of this chapter. Any person who violates any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $25.00.

[unc25]

^ just what I was about to post up.

And as far as righting you the ticket even though you said you hadnt been back there, why couldnt he right you the ticket? You dont think people lie about certain narcotics and drugs being theres?

Reasonable articulable suspicion leads to probable cause

[.blank cd]

My suggestion is go to court and talk to the prosecutor but watch what you say cause its just like talking to a cop. Tell him you were mudding somewhere else and that the officer thought you were mudding there. He'll MOST LIKELY probably drop or reduce it. If not, ask the judge to reset your date because you havent had enough time to obtain legal advice, then talk to an attorney.

Cops dont give 2 shits about what people are doing. Thats why when they break up meets at places, they dont usually give people tickets. they do it because they are obligated to. Everyone thinks they have some kind of quota or something, but they dont. thats why its so easy to get a ticket dropped.

[deathrex]

Damn that sucks man. $300? i know out where i live its only a $15 ticket if you get caught. But as far as i know they cant write you that ticket if they didnt see you back there, or atleast thats what the cops said to us out in suwanee.

[Z32redondo]

It may be cheap as hell like that. Thats just waht i heard. I will have to call and ask. I think I will just pay it and be done with it I talked to a friend that is an officer and she said that they cant take any points or anything from my liscense and they can just fine me. So I am good to go. I just pay the ticket now and Im on my way.

[-S Double C-]

thats a bunch of bullshit if he didnt SEE YOU driving or LEAVING he cant do shit. Fight that shit a lawyer will have that throwed out like left over food.

[Z32redondo]

thats a bunch of bullshit if he didnt SEE YOU driving or LEAVING he cant do shit. Fight that shit a lawyer will have that throwed out like left over food.

If its like $30 bucks then I dont really care cause I think them holding the court case and all is like $150. Plus the cost of a lawyer is way more than $30.

I am calling tomorrow to see whats up with the fine.

[David88vert]

Really simple answer. A cop can ticket you for anything - it's an accusation. It's up to you to defend yourself, and up to the cop to prove his accusation. If he has no witnesses, and did not see it himself, then he has no case. He is just harassing you. The case should be dropped.
His other choice is to lie and say he saw you. He's a cop, so he's definately not trustworthy.

[Z32redondo]

Ya I have like 30 people that can vouch for me saying that my truck was just sitting in the parking lot when he got there. Would I have to tell them where I got the mud?

[BuBBa DRiFT]

Everyone thinks they have some kind of quota or something, but they dont. thats why its so easy to get a ticket dropped.

incorrect statement. two uncles, my grandfather, and my friends dad both work/have worked for the police force in different counties, as well as states.


there is a quota, although it may not be called a quota, they do have certain "goals" they are strongly urged to meet on a monthly basis if they want to keep their rank, or possibly their job. And the real logical reason that tickets get dropped so early, is because at the beginning of the day, they already know what tickets are being heard, if they label it as a lower priority, and you plead you case well to the judge, THATS when its dropped easy. But if its a big one, or you admit to guilty, they are gonna take care of it just as fast, because sitting and hearing every dumb story just wastes the corts time.


sorry for the thread jack.


my advice for you credondo, is to take it to court and plead your case. Tell them that there is no substantial proof that you were mudding on private property, and that it should abide by the rule of "innocent until proven guilty" Although you were tresspassing, and guilty by association with your friends who were doing the act. The odds may be against you, so basically, you have 2 choices, fight it and hope the court deems it not worth the time, or pay it off and suck it up.

be warned that choice number 1 could backfire miserably!

hope ive helped clear things up and aid you in your decision lol

[quickdodge®]

incorrect statement. two uncles, my grandfather, and my friends dad both work/have worked for the police force in different counties, as well as states.

I know someone who works at Kroger but that doesn't mean I know how Kroger's system works. I also know someone who's Dad was a podiatrist. But I couldn't really tell you the first thing about feet except for that most have 5 toes. Maybe you could use your "two uncles, grandfather, and friends dad" and their knowledge of investigations to figure what I'm saying. Later, QD.

[IDCoconut]

^ lol

I'd just pay it. You won't get points for that type of ticket.

[BuBBa DRiFT]

I know someone who works at Kroger but that doesn't mean I know how Kroger's system works. I also know someone who's Dad was a podiatrist. But I couldn't really tell you the first thing about feet except for that most have 5 toes. Maybe you could use your "two uncles, grandfather, and friends dad" and their knowledge of investigations to figure what I'm saying. Later, QD.

if you cant handle a 15 year old, what makes you think you have any room to talk about anything in your god forsaken life?

[Z32redondo]

if you cant handle a 15 year old, what makes you think you have any room to talk about anything in your god forsaken life?

hope your not calling me 15???

[RISKYB]

i would tell the judge, my car was parked in a parking lot with dry mud on it from an earlier excurssion, i was not found on this property mudding and that the ticket is not legit and should be dsmissed b/c the officer did not actually see you on the property, all he has is circumstantial evidence a muddy truck parked while other parties are muddin on this property

[KPowerEP3]

What you have to keep in mind is that when it comes to police, they have two things they go off of when they come to a situation; probable cause- this is where the officer can undoubtedly prove that you committed the crime he says you did, whether it be by evidence, him personally seeing you commit the act, whatever. The other is reasonable suspicion, which is what he's going off of in your case. Basically he's going off of the fact that A) You drive a truck with offroad capabilities, B) Your truck is covered in mud, and it's probably fresh, throwing off your story of getting it somewhere else. C) Your friends are back there, on private property, still tearing it up. You don't have written permission, which the law clearly states you must have, so he writes you a ticket. Don't listen to these idiots telling you to fight it; it's not a moving violation, at worst your out a little money - much less than it would be to pay court costs and retain an attorney.

[Z32redondo]

What you have to keep in mind is that when it comes to police, they have two things they go off of when they come to a situation; probable cause- this is where the officer can undoubtedly prove that you committed the crime he says you did, whether it be by evidence, him personally seeing you commit the act, whatever. The other is reasonable suspicion, which is what he's going off of in your case. Basically he's going off of the fact that A) You drive a truck with offroad capabilities, B) Your truck is covered in mud, and it's probably fresh, throwing off your story of getting it somewhere else. C) Your friends are back there, on private property, still tearing it up. You don't have written permission, which the law clearly states you must have, so he writes you a ticket. Don't listen to these idiots telling you to fight it; it's not a moving violation, at worst your out a little money - much less than it would be to pay court costs and retain an attorney.

I know and the ticket is $58 bucks so not too bad.