Ticketed by Forest Service on State / County Road

[jaybang]

My question involves a careless driving ticket from the State of: CA

i was written a ticket by a US Forest Service employee while on a state/county road in california. the offense is 36 CFR 261.54(F) which states prohibitions on "national forest system roads" of which a state road is not included. is there room for me to dispute this charge regardless of whether or not i actually committed the offense.

thanks

[BOR]

A jurisdictional argument will fall. You can bet the Forest Service either has "exclusive" OR "concurrent" jurisdiction to issue citations for roads running either directly through or in the vicinage of federal property, as we have discussed such jurisdiction issues before on the board here.

No poster has come back to say they beat the rap.


Sec. 261.54 National Forest System roads.


(f) Operating a vehicle carelessly, recklessly, or without regard
for the rights or safety of other persons or in a manner or at a speed
that would endanger or be likely to endanger any person or property.



http://edocket.access.gpo.gov/cfr_20...6cfr261.54.htm


IF you choose to possibly raise as a defense the authority of the Forest service employee, pay a visit to law library where they have the U.S. Code and the Code of Federal Regulations, look for the section you were cited under in 36 CFR and read any annotations afterwards to see how the case law addresses it.

Don't hold out any hope of a valid defense though.


Possibly this land was ceded/sold to the U.S. by the state of CA at one time??

Federal Constitution:

Article 1, sec 8, clause 17:


To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of Particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings;

[chuckycheese]

I'd plead 'not guilty' and hope ol' Smokey doesn't show up. I think that would be fairly likely. (It's too bad you can't go to court today...those guys are pretty busy.)