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

[dvck]

hahah, take it man I'd be honored let's say.

yea Bimmerfest did feel like that, saw and talked so many things, and i didn't get to
do but a fraction of it. Hopefully we see you at the plant soon, thats if we don't all
get cited for loitering.

[greanthumb]

agreed mariano... NO WAY to make everyone happy(post #90)

[einstein57]

Motorcycle cop pulls up to my window ( no plates, dark tinted windows, shaved head, while in the hood etc.) and says "you know your hazards are on?" I say yes in and give a brief explanation. He says ok and speeds off. Stuff like that happens to me quite often. Its like as soon as they hear i'm laid back and not hispanic i'm off their radar.

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.

I've met mariano a half dozen times but he always forgets. lol

[CleanAzzE30z]

I've met mariano a half dozen times but he always forgets. lol

I hate excuses but I literally noticed a marked change for the worse in my memory with remembering people solely by name (or SN). I was always better with faces, but the last 5-10 years my memory simply through name has plummeted. This is my brain from half my life using hard drugs haha.


Mariano

[IRON-E]

Motorcycle cop pulls up to my window ( no plates, dark tinted windows, shaved head, while in the hood etc.) and says "you know your hazards are on?" I say yes in and give a brief explanation. He says ok and speeds off. Stuff like that happens to me quite often. Its like as soon as they hear i'm laid back and not hispanic i'm off their radar.

Bingo.

[frankenbeemer]

554.1. Any property described in Section 554 may be posted against
trespassing and loitering in the following manner:
(a) If it is not enclosed within a fence and if it is of an area
not exceeding one (1) acre and has no lineal dimension exceeding one
(1) mile, by posting signs at each corner of the area and at each
entrance.
(b) If it is not enclosed within a fence, and if it is of an area
exceeding one (1) acre, or contains any lineal dimension exceeding
one (1) mile, by posting signs along or near the exterior boundaries
of the area at intervals of not more than 600 feet, and also at each
corner, and, if such property has a definite entrance or entrances,
at each such entrance.
(c) If it is enclosed within a fence and if it is of an area not
exceeding one (1) acre, and has no lineal dimension exceeding one (1)
mile, by posting signs at each corner of such fence and at each
entrance.
(d) If it is enclosed within a fence and if it is of an area
exceeding one (1) acre, or has any lineal dimension exceeding one (1)
mile, by posting signs on, or along the line of, such fence at
intervals of not more than 600 feet, and also at each corner and at
each entrance.
(e) If it consists of poles or towers or appurtenant structures
for the suspension of wires or other conductors for conveying
electricity or telegraphic or telephonic messages or of towers or
derricks for the production of oil or gas, by affixing a sign upon
one or more sides of such poles, towers, or derricks, but such
posting shall render only the pole, tower, derrick, or appurtenant
structure posted property.

[accident]

[mrsleeve]

here you go frank

CALIFORNIA
It is unlawful in California for anyone to enter or remain upon the property of any
railroad where entry, presence or conduct upon the property interferes with or interrupts the safe
and efficient operation of any locomotive.
Penalty
A violation of this section is a misdemeanor under California law. Cal. Penal Code §
369i (2008). See also, Cal. Penal Code § 554 (2008), regarding posting of property.

http://www.fra.dot.gov/downloads/safety/compilation2009/chapter9.pdf

[frankenbeemer]

Yeah, what I posted was 554.1 of the penal code. It seems to indicate that the area must be posted for trespassing to occur. Reading 369 of the penal code would seem to indicate that it does not have to be posted. So I don't know. I could not find a federal statute. Reading through FRA's stuff seems to indicate that the FRA has left the trespass laws up to each state, and provides guidlines but there is no reference to a federal law.

Railroad police are required to have state commissions. Perhaps (unlikely) they don't.

[IRON-E]

Thank you for keeping us in mind guys. The court date has been set for July 22nd, we will be asking for an extension so to give us a little more to prepare and go to trial. Maybe then someone will listen.

[CleanAzzE30z]

My advice? Honestly? Talk to the judge about a writ of habeas corpus..... put the system on trial...

[IRON-E]

Update 7/22/11

Got some good news and some not so good.

Went to court today, but our names were not on the roster. Talked to the court clerk and they could not find our citation.

We are reliefed for the time being but, the citing officers have 1 year from today to file charges against us. :(

Thank you to all, who have showed concern or given us a little inside infoe to defeat this ticket.

Special thanks, to those who PMd me, willing to donate money for attorney fees, that's R3V love!

[DTM190]

Good to hear Edwin!

[Earendil]

Got some good news and some not so good.

Went to court today, but our names were not on the roster. Talked to the court clerk and they could not find our citation.

We are reliefed for the time being but, the citing officers have 1 year from today to file charges against us. :(

Thank you to all, who have showed concern or given us a little inside infoe to defeat this ticket.

Special thanks, to those who PMd me, willing to donate money for attorney fees, that's R3V love!

I doubt the office is going to care (or remember) enough to refile it. In fact he might have intentionally not filed it. Who knows. But I think you can breath easy for now.

But to be safe, set aside a little money to pay for this if it pops up in the future. Next summer after a year has past if nothing comes of it, sign up for an HPDE day at the local track, or buy yourself some E30 gear :)

[freeride53]

This is some great shit.
Fuck crooked authority.