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#1 |
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Posts: n/a
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vehicular trespass for fishing
I was given a ticket for vehicular tresspassing. I parked beside a
creek in oklohoma (cache creek) to fish. i was parked about 15 yards from the creek itself. a city police officer came to the creek and gave me and a freind the ticket. there were no signs posted and no indication at all that it was unlawfull to park beside the creek. the road i took to the creek ended at this partcular spot. a small dirt road, so basically i was parked at the end of the road. my question is was i supposed to just know that it was illegal to park there? or should there haft to be some kind of indication of this or atleast a warning before a ticket is issued? thank you for your support, George |
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#2 |
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Posts: n/a
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although in some juristictions a private road must be marked as such before a ticket can be issued or an arrest can be made, that might not be the case in your county. i do however question whether the officer who issued the ticket did so on his accord or if he was acting on a complaint received from the property owner. if you haven't paid the ticket, go to court and ask those two questions. why wasn't the road posted no trespassing, and did the officer issue it on his own. a police officer can not take it upon himself to arrest on private property without the owners request unless it's for an obvious serios offense such as burglary, robbery, shootings etc.
you have a good chance of having the thing dropped. p.s.----the ticket that was issued to you is called a uniform citation and you have been criminally arrested! you have been charged with a misdermeanor and if you don't pay the fine or go to court a bench warrant will be issued for your arrest! Take this seriously! I have 29 years in law enforcement and I know what I'm talking about! |
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#3 |
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The ticket was issued on city property, which i had a city permit to fish there. but there could have been a complaint maybe from someone else fishing there who knows more than i do. im fairly new to okolohoma recreation but, i will ask the officer when i see him at my trial. I have since been to court and pleaded not guilty. i now have a trial date, after talking to the city prosacuter who refused to drop the ticket. he did not state why he wouldnt drop the ticket he just demanded i pay it. i have been very polite in this matter with the officer who was also very polite and the judge who was also.the prosocuter however was very rude and demanding and also called me names, do you think i have grounds for a complaint against him for being unproffesional?
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#4 |
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Top Level Member
Last Online:
Sep 25th, 2008 02:24 PM Join Date: Mar 2007
Posts: 450
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Good advice above!
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