How to Accuse an Officer of Perjury

You set the scenario and supplied the pictures. The biggest forest vehicle that could navigate the area you left is a forest service pickup. The fact you refuse to acknowledge 15' was not a sufficient distance or road width you left for even a dump truck with a trailer is a fact. Nothing can change that such a forest service vehicle could not have gone around your vehicle and entered the gate according to your pictures and diagrams. I did not know we had threads solely dedicated to people telling you what you want to here, but okay, you are 100% correct, the forest service should shut down operations on that road any time you wish to go fishing.

Sorry Disagreeable, didn't mean to upset you. I appreciate your posts. It's valuable to get every conceivable opposition argument to be prepared for the unexpected when it comes time for resolution. I do get it that you've made up your mind and respectfully disagree with your view. A person who would shut down the forest service on a Friday summer evening at 7:30pm out of a sense of entitlement is hard to reach, let alone understand heh heh.


What does it mean when a law enforcement officer writes a statement on a citation, and signs the statement "under penalty of perjury"?

Is there any penalty for a l.e.o.? Anyone ever see or hear about this being raised in a case? I asked the prosecutor in this matter what is the penalty for perjury, and she said she didn't know. She also told me there is no way for me to make my case/resolve the matter in writing. Should I believe that?

Other than a courtroom in the boonies, how are CFR hearings different from a real court?

Is it possible for an officer to knowingly make a false statement on a citation?

Is $325 an ok amt of revenue for 10 mins of an officer's time when he won't spend any more time in court?

How many ppl who live in the bay area will drive all day to defend themselves in a court in Yosemite valley?

If someone is made aware that a statement they wrote under penalty of perjury is incorrect, and refuses to correct it even when he knows it will cost the other person significantly, how far is that from perjury?

PS It looks like this thread suddenly vanished from the Parking, Towing and Impound Forum where it was at the top of the list and titled, "Can I Enforce Penalty of Perjury Against Law Enforcement Officer [Qmark]" Now it got moved to criminal law, and someone completely re-wrote the title? What gives?

I have reviewed the photos you posted along with 36 CFR 261.10(f). Here’s my two cents worth.

36 CFR 261.10(f) is very clear. You don’t have to block a gate to meet the elements of the violation. It merely prohibits:

“Placing a vehicle or other object in such a manner that it is an impediment or hazard to the safety or convenience of any person.”

The location in question is an unpaved road, wide enough for two lanes, one in each direction. Although there appeared to be a cutout further down the road that could safely accommodate off road parking, you elected to park on the road in such a manner as to obstruct one of the lanes.

1. Were two vehicles to approach this location from different directions at the same time, one would have to stop and yield right of way to the other because your parked car was obstructing one of the driving lanes. As such, the placement of your vehicle created an impediment to the convenience of others in violation of 36 CFR 261.10(f).

2. Were multiple vehicles to approach this location from different directions at the same time, they would have to stop and alternately yield right of way to each other because your parked car was obstructing one of the driving lanes. The presence of your vehicle would also create a blind spot, making it difficult for these vehicle to determine when it was clear for each to pass safely. As such, the placement of your vehicle created an impediment to the safety of others in violation of 36 CFR 261.10(f).

3. Your vehicle was parked in close proximity to an access gate whose support posts narrow and restrict the width of the road at their location creating a choke point. The proximity of your vehicle to the gate would make it difficult for wide or long maintenance or emergency vehicles (such as a fire truck) to traverse around your vehicle and through that narrow choke point. Similarly, in an emergency, the close proximity of your vehicle to a choke point could hinder the flow of traffic in and out of the area. As such, you placed your vehicle in such a manner that it was an impediment or hazard to the safety or convenience of others in violation of 36 CFR 261.10(f).

Now, the ranger may have not articulated information about the gate to your liking, but there was no perjury here and based on your photographs and a reading of the code in question this looks like a perfectly valid citation that meets the elements of the law. You don’t have to be blocking the gate. You just have to be parked in such a manner that created an impediment to the safety and convenience of others, which you did.

The fact that you’ve gotten away with parking there for years is not a valid defense. It just means you’ve been lucky.

It’s not that you are innocent. It’s just that you don’t want to be guilty. There is no defense for that. Pay the citation and move on with life.

You hit a home run L-1.

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Quoting flyingron

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Note that CFRs aren't like a real court, so you're likely screwed no matter what.

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What do you mean by not like “a real court”? Parking and other citations on federal property are heard in federal court by a magistrate judge and prosecuted by the U.S. Attorney. There is no jury for these trials as the only penalty is a fine. In this case, the trial is apparently at the U.S. District Court in Yosemite, which is one of the court locations for the U.S. District Court for the Eastern District of California. While not as complex a proceeding as a more serious federal criminal case, it certainly has all the basic elements you’d find in a court proceeding. If this is not like a “real court” I’m not sure what you think is a real court.

The federal courts use a centeralized system for the payment of these sorts fines; they are not paid at the court. There is only one magistrate judge at the Yosemite court location, so it is a small court for a federal court. The judge has information about the process for these cases (known as central violations bureau cases) which can be found here: magistrate judge procedures.

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Quoting epowerfan

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I agree being incorrect is not perjury. My goal is to get the officer to be reasonable and correct a mistake; so far he doesn't want to.

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I don't know specifically about the feds, but, I suspect once the cite is issued he CANNOT dismiss it. This is a means of preventing malfeasance or the perception of malfeasance. So, your recourse is to go to court (or whatever hearing process they have for the violation if it is truly a "parking" cite) and argue that your actions did not constitute a violation of the code section.

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It is possible the officer knowingly made a false statement.

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It's also possible he told the truth as he understood it. If your vehicle obstructed the drive even partially, that could be enough to violate the section.

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If someone is made aware that a statement they wrote under penalty of perjury is incorrect, and refuses to correct it even when he knows what it will cost the victim... how far is that from perjury?

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If you can prove that what he wrote was knowingly false, you'd have a case. What PROOF do you have of that???

Someone re-wrote and stupified the title of my thread !! Does that bother anyone here?


Someone moved my thread from the parking forum to criminal law, without warning, explanation or even notice afterwards !!

Does that bother anyone?

Admin clarifies titles and threads as they deem necessary. It is their right, you cannot sue them successfully.

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Quoting epowerfan

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Someone re-wrote and stupified the title of my thread !! Does that bother anyone here?
Someone moved my thread from the parking forum to criminal law, without warning, explanation or even notice afterwards !!
Does that bother anyone?

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No, it doesn’t bother me. Changing the title and moving it to a board that might be a better fit for the subject is’t a big deal in my opinion. In any event, it’s a privately owned forum and the administrators are free to manage it as they see fit.

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Quoting epowerfan

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Someone re-wrote and stupified the title of my thread !! Does that bother anyone here?


Someone moved my thread from the parking forum to criminal law, without warning, explanation or even notice afterwards !!

Does that bother anyone?

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No one except you, apparently.