[pct-l] PCTA statement about "Forest Service upholds PCT"

Dan C. aka Thumper dofdear at cox.net
Sat Dec 7 13:21:18 CST 2013


Nick,

The citation you are referring is actually a Notice to Appear in front of a Federal Magistrate.  This is not like getting a parking or traffic ticket.  You plead and get sentenced or set up for a trial.  So take your 50/50 shot at it but in my experience it is either expensive, career impacting and/or both.  Frankly not worth it.  And either way you now have a criminal record even if you are found not-guilty.

Violation of the law does not seem to be a good solution when there is a viable system and process for change.  And sometimes after exercising the process, with an unfavorable result, well, we just need to accept it.

Thumper
 
> Dan wrote:
> "Nick,
> Not sure where you received your info but the statute clearly states,?
> "....any person who violates such regulations shall be guilty of a?
> misdemeanor, and may be punished by a fine of not more $500 or by?
> imprisonment not exceeding six months, or by both such fine and imprisonment. "
> 
> Check out http://www.public.iastate.edu/~sfr/nts/nts_act.html for a complete text.
> 
> It is noteworth that this is a federal crime and besides the criminal penalties a person puts at risk employment especially where a security clearence and background check is required.
> ?
> Thumper "
> 
> ______________________________________
> 
> Yes Dan - I am well aware of the regulations...and that the max has never been handed out.
> 
> I am also aware that increased enforcement on the PCT goes for everyone...and?
> that the USFS prioritizes enforcement of moto use and marijuana on the PCT over bicycles.
> 
> Every LEO Ranger (or FPO) has their own style of issuing citations....just like
> traffic cops. ?Some are cool and give you a warning, others are tightwads and
> hand out tickets like they're going out of style...
> 
> So, increased enforcement is increased for all. ?Do you really want to see rangers
> everywhere?
> 
> And you didn't answer my original question - what if a MTB citation is challenged
> in court and wins? ?
> 
> There are quite a few MTB'rs who would like to find that out, misdemeanor or not.
> 
> I'd give the odds 50/50 (just my opinion of course)
> 
> Love,
> Nick
> 
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> End of Pct-L Digest, Vol 72, Issue 7
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