Tough questions of a bullshit ticket! (update post 102)

[mrsleeve]

I'm asking for my own curiosity, not to be an asshole. Can you provide evidence or a source of what you just said mrsleeve?

Its Private property period end of story. They can dictate what ever terms they want to cross them. Also like e30e told you they are under federal jurisdiction, which will trump your state laws

last project I was on we had a RR crossing (pipe line) it cost the gas company 23k dollars (at least what I was told anyway) to get a permit bore under their 55' ROW. That few was paid to the RR company

Out west in alternating setctions on either side of their ROW's the RR own all the mineral water and timer rights. And in may cases much much more and you will never get them if you own any of that land. Iron clad arrangement's from a 100 years ago. Plumb Creek timber (look them up) have 8M ac of timber land in many states. Plumb Creek was spun off from the BNSF, in the early 80's, to manage the timber business. All that timber lands were land grants from a 100+ years ago from the federal govt.

http://www.pipelineandgasjournal.com/investigating-railroad-crossing-fees

http://www.americantrails.org/resources/railtrails/RailPropRightsRRs.html

[greanthumb]

did anybody consider/mention the fact that there are a VERY limited amount(frequency wise)of public access points along these thousands of miles of RR?? With strategically placed SIGNS!.... these problems wouldnt cost much to avoid for both parties;)

[e30e]

did anybody consider/mention the fact that there are a VERY limited amount(frequency wise)of public access points along these thousands of miles of RR?? With strategically placed SIGNS!.... these problems wouldnt cost much to avoid for both parties;)

Bullshit, almost all tracks have access roads and sidings anywhere its level. Especially if there is multiple tracks. This is government required too. Half a million miles of track that would require signs for both sides would cost millions. Its common knowledge you shouldn't go where ever you want and not expect consequences. Its not like I walk in to your house and didn't know I wasn't supposed to be there. Its the Railroad, its for trains; not for a soccer match or ping pong tournament.

[joshh]

You just got a couple of asshole cops is all. Any good cop would have simply asked you to leave and let you know why. Specially if you were respectful.

[bernzpeed]

I believe it's called racial profiling. Get a legal counsel and determine what your rights are.

[e30e]

You just got a couple of asshole cops is all. Any good cop would have simply asked you to leave and let you know why. Specially if you were respectful.

So the cop is an asshole for doing his job; I'm not saying the OP deserves a misdemeanor or a huge fine. Most likely it'll get reduced; but what part of Federal Government Regulated land that he is patrolling does not make this a serious matter, he is doing his job. He's essentially a TSA agent, if you don't think the RR are serious business then just apply and see how long it takes to get hired and all the training you need just to get on property. Everyday being the new guy I have to look up the security levels and I had to get trained on identifying potential terrorist IED's on trains.

OP, when you go before the judge, claiming ignorance of the law isn't going to help, but letting the judge know that if you had a better understanding of FRA laws and seriousness of RR property you would have made a better decision and then begging for mercy will probably help. I can't see Union Pacific going after you hardcore if you agree to stay off property

[joshh]

So the cop is an asshole for doing his job; I'm not saying the OP deserves a misdemeanor or a huge fine. Most likely it'll get reduced; but what part of Federal Government Regulated land that he is patrolling does not make this a serious matter, he is doing his job. He's essentially a TSA agent, if you don't think the RR are serious business then just apply and see how long it takes to get hired and all the training you need just to get on property. Everyday being the new guy I have to look up the security levels and I had to get trained on identifying potential terrorist IED's on trains.

OP, when you go before the judge, claiming ignorance of the law isn't going to help, but letting the judge know that if you had a better understanding of FRA laws and seriousness of RR property you would have made a better decision and then begging for mercy will probably help. I can't see Union Pacific going after you hardcore if you agree to stay off property

It's not a cops job to hand out tickets. Keeping people safe is. There was no reason to give these guys tickets for something that didn't effect anyone or endanger anyone in any way. So yes they were being assholes.

[dvck]

being there, reading all this i state again; I can understand it now that im reading it all
and researching how deep it all is, knowing so, i'll never get close to a RR in my life, riding
included.

But i can also say that ive been past RR spots that are not necessarily marked off by fencing,
but do have notable signs stating trespassing, etc.

The spot we were at was such a grey area of a parking lot of a Graphics shop that happened
to be that close to the tracks that i never thought would matter as we were not harming,
vandalizing, stealing, much less going to put ourselves or Iron-E's car in danger. Simply a couple
of car enthusiast getting photographs of a car with a nice backdrop.

I hope we can minimize our "crime" and move on, away from tracks.

[e30trooper]

I understand where Edwins coming from. But if you guys were to just leave when the security drove this would have never happened. Sitting around waiting for LAPD to show, means to them "your a badass" and they will give you a ticket regardless of who else is there. Therese always away to avoid cops. You guys should have know this.

Edwin, Gl fighting this dude..

[dvck]

Comprehensive reading is your friend Ben; neither security nor LAPD was involved.

[e30trooper]

Comprehensive reading is your friend Ben; neither security nor LAPD was involved.

I read the 1st page. But you get what I'm saying. This could have been avoided. No tickets. No issues.

[greanthumb]

Bullshit, almost all tracks have access roads and sidings anywhere its level. Especially if there is multiple tracks. This is government required too. Half a million miles of track that would require signs for both sides would cost millions. Its common knowledge you shouldn't go where ever you want and not expect consequences. Its not like I walk in to your house and didn't know I wasn't supposed to be there. Its the Railroad, its for trains; not for a soccer match or ping pong tournament.

in relativity there ISNT that many access points like that(conjoined w a business parking lot)to be marked w signs. plus... whats a couple mill to a huge RR company? crossing railroad tracks on a city street is different from going out of public access and doing the same.

thats like saying walking into a fully occupied house is the same as walking into a obviously abandoned house without trespassing signs. you're starting to sound lame playing the devils advocate.

oh btw- those cops are cocksuckers:hitler:. prolly the same kids that used to get punked in elementary school

unless E and O gave them attitude or were not compliant then they shouldve been warned without citation

[CleanAzzE30z]

All this is academic, at this point. Fuck it, they were dicks and went a bit far and took the hard option in dealing with the situation. It happened, move on. Talk to the PD (Public Defender) or a lawyer to get the charges reduced. Theres no way to prove any profiling just because the pig was a hardass. Next time, dont fuck with the railroads. Ive taken many a pic with my cars near the 6th street bridge, tagged all sorts of buildings and property and never got caught. Sometimes your number comes up and you get caught. Its unfortunate they handled it without just giving you a warning but what can you do? There are dicks everywhere. Try and minimize the damage at this point. Technically, it looks like they are on good legal footing to cite you. Its unfortunate, but the fact remains they had a reason to fuck with you.... All this after-the-fact discussion helps not one bit, really until you speak to legal counsel on your options. :) We're just going to get into a pro-cop (or authority figure of any sort) against the anti-cop (Fuck the MAN, man!) argument.

[dvck]

aw Mariano, but i love that argument.

all kidding aside, you're on truth and its my sentiments as i've stated several posts up,
i want to be able to minimize as much as possible, and from now on, im staying CLEAR
off and away RRs.

btw, OT - saw your car at bfest, and i now couldn't muster the prose to justify your cars
violent elegance; just wish i could have met you to talk a bit, there'll be others im sure.

[CleanAzzE30z]

aw Mariano, but i love that argument.

all kidding aside, you're on truth and its my sentiments as i've stated several posts up,
i want to be able to minimize as much as possible, and from now on, im staying CLEAR
off and away RRs.

btw, OT - saw your car at bfest, and i now couldn't muster the prose to justify your cars
violent elegance; just wish i could have met you to talk a bit, there'll be others im sure.

Thanks man i know, Bimmerfests usually become a 6-10 hour blur of people coming up to you and meeting old friends. Its amazing that even that much time there still isnt enough time to meet and greet all the people you intend to.... Im sure we shall meet soon. :) I hate missing opportunities like this. I absolutely love the "violent elegance" wording.... thank you, I require your permission to use that.