USFS parking ticket??

[TrailDog]

I was down hunting SWest Montana the other week and got a parking ticket from what I can only assume was a Forest Service LEO. Now, pardons if any of you reading this are Forest Service LEOs...

But, I was parked in a turnout near a gate, there was a full 15' next to my vehicle. In fact, a friend drove by me perfectly fine with his camper. Anyhow, I got a STEEP ticket (over $200) for "Blocking a gate", which has never happened to me in 15 years of recreating on public land. Also worth noting, I work for federal land mgmt agency...I'm familiar with how to park a rig, to say the least. I also don't have region specific plates, so it's not like the officer was hating on me for being from out of town...

I'm curious...with the federal government being shut down and everything...what happens if you don't pay? Anyone have experience with this? Obviously not looking to promote the breaking of laws...but I'm a little pissed off by this fine. Not only because I'm a broke public servant just trying to hunt elk on public land...but because I wasn't actually blocking access or doing anything wrong.

Thoughts?

 

[Pony Soldier]

Never heard of such a thing and I have seen lots of vehicles parked blocking gates during hunting season.

 

[Ucsdryder]

Hope you took lots of pictures.

 

[cnelk]

Probably an AI generated ticket that some AHole put on your rig.

Someone posted on another thread about doing that.

 

[GunsAreFun]

Post a picture if you don’t mind…blackout personal info.

I’m guessing it’s fake.

 

[black dawg]

Any pictures of how you were parked?
Got a warning many years ago, that was parked in no way blocking the gate. My dad got one the same day parked at another gate in the same area. Also not blocking the gate.

 

[7mm-08]

Well, depending on how serious you are about this situation, you can decide to follow the appeal instructions on the citation and request a hearing in front of a U.S. Magistrate instead of paying the fine to resolve the matter. That may entail travel on your part to attend a hearing but it sounds from the tone of your post that this is something you might do. If push comes to shove, the U.S. Attorney's Office will likely dismiss the citation if your posture (prior to a hearing) indicates you have evidence (photos and witnesses) that can establish the LEO who wrote the citation was being overzealous in his/her actions in doing so. If you're REALLY serious, hire competent defense counsel and have them engage with the Assistant United States Attorney assigned to the case sooner than later. PM me if you find yourself in this lane in the District of Idaho and I'll give you the name of the best defense firm in the state.

EDIT Sorry I missed this happened in Montana. I have an excellent lawyer referral for you there as well and can provide in a PM.

2nd EDIT The U.S. Courts are considered "essential services" and remain open during a Government shutdown. Please don't ignore this. You'll regret that choice for certain.

 

[TrailDog]

Definetly won't be hiring a lawyer anytime soon... Thanks for the input fellas!

 

[JREG19]

My buddy got a ticket once for driving on a closed road from fs. It is a big road that had just been graded and opened up 2 days later. Even the local sheriff said he wouldn't ticket any one for driving on it, but apparently fs didnt get that message. Haha my buddy is a bit of an anarchist and wanted to fight it in court, so he did and they laughed at him and he still had to pay the ticket...

It's the federal government, they don't care about us or the spirit of a law... At the end of the day it's your word against his. If you are willing to die on that hill as a matter or principle, get an attorney and go to court. Maybe they will drop it but it will cost your time and peace of mind at the very least. Or just pay it and move on. What isn't an option is to not pay... The pain they can cause isn't worth a couple of hundred bucks.

Sorry if that came off as preachy. I'm very principle driven myself, but I'm not going to cut off my nose to spite my face, that's just dumb.

 

[Bulldawg]

So off topic, but when I was in college me and some friends went out on some BLM last day of class and had a little camp fire and a case of beer just hanging around, quiet, just being reasonable "adults". Well BLM officers rolled up, and gave us BLM "MIP's". I was pissed, like yeah sure I'm 19 not allowed to drink, but I wasn't doing anything stupid, had designated drivers that weren't drinking at all and we were miles away from anyone not causing problems. So I told them that I was going to go back to town, go to a house party, get absolutely hammered and get in a fight with someone because the cops in town will just tell me to go home instead of giving me a ticket.

 

[RocketRob16]

If I were in your shoes, I would 100% be physically present at the hearing. Also, as mentioned earlier, I hope you took some pictures/have witnesses. If you have some evidence that shows the ticket was unwarranted, you can likely get the case dismissed. If you don’t have any photos/witnesses, I would consider pleading guilty if they’ll cut the amount of the fine down. It’s a gamble you’ll have to weigh based on your evidence.

If you don’t show at the hearing and don’t pay, a warrant will be issued for your arrest. Hate this happened to you by the way, I would be pissed off as well.

 

[Fowl Play]

I’ve had a similar experience from the forest service LEO, but no ticket as I was still at my truck. He said I blocked a gate, I said I could almost drive 2 SuperDuties side by side through the gap I left. He said “what if a fire starts back there, we have monstrous 4x4 fire trucks. I want those drivers to be able to blow through here full tilt without having to worry at all about this gate”. I still disagreed but had him direct me to what he thought was an appropriate gap to leave for the gate. It was absurdly large in my opinion, but figured I’d at least give this data point for where their thinking can be. I now try to leave enough space so that an 18 wheeler could navigate around me going 50mph…

 

[idelkslayer]

Show up with photos, and measurements . Then it is not your word against his. It is your photos and evidence against his word. If he took photos it should collaborate yours.

Search out the statute that you were cited for and try to find the legal definition of "blocking a gate". Is there a distance or width clearly defined in the law? If you can prove that you met the requirements in the statute it should put a quick end to things.

 

[Charlie-NY]

Here's my experience with a seasonal PA Game Officer:

I intended to hunt on a section of Game Management land. I parked in the designated parking lot. It was raining when I arrived as a storm was passing over. I decided to wait in my vehicle until the rain stopped. A Game Officer pulled into the lot and checked the paperwork on a hunter who just dragged out a deer. Then he came over and asked if I had a hunting license. Sounded a bit odd since I was merely siting in my SUV but was I agreeable and handed him my plastic license holder with my license in it. He looked at it and said "I've never seen a license that looks like this". I tell him that I'm a non-resident and that it was purchased over the phone and mailed to me. Then he says, "this looks like last year's license' and sure enough, it was. I rummage through my gear and pull out the current license but he isn't impressed. The guy tells me that he has to give me a summons for improper display of a hunting license. I remind him that I have no obligation to display any license while I'm sitting in my car doing nothing at all. The gamelands are open to activities other than hunting. I could have been a hiker or a bird watcher if I ever got out of the vehicle. The guy is hell-bent on giving me a summons and begins to write out a ticket. At this point. I identify myself as a Conservation Officer from another state. After a bit of discussion, he decides that he will write me a "Warned & Admonished" document, or something like that. I asked him why he would do that when he knows I have not violated any rules/laws. He tells me that he has to justify his job.

I took the Warned & Admonished notice home and framed it.

 

[Fireflyfishing]

Probably an AI generated ticket that some AHole put on your rig.

Someone posted on another thread about doing that.

This is quite concerning…

 

[pacoalcracker]

Just pay the fine and move on. 200 bucks is chump change in the grand scheme of things. No such thing as a broke public servant. My son and DIL are state workers, he is also the union prez for his large member local and I know what their salaries are. If you are broke you need to have a talk with your union prez. If you don't have one, that's why you are broke.

 

[MontyMontana]

Dang squirrel cops.