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  1. #1
    Join Date
    Jul 2011
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    3

    Default Is Speeding in a National Park, 36 CFR 4.21(C), a Federal Misdemeanor

    My question involves a speeding ticket from the State of: Federal

    I was given a US District Court Violation Notice , for speeding 70MPH in a 55 MPH Zone in a National Park, by a Park Ranger.
    He charged me under 36 CFR 4.21(C). The ticket simply said to mail a payment to Central Violation Bureau.

    On the website of Central Violation Bureau , it said

    By paying the amount due you may be admitting to a criminal offense and a conviction may appear in a public record with adverse consequences to you. You have a right to know more about the charge against you and may obtain a complete statement of the charge by calling the Central Violations Bureau at 800-827-2982. By paying the amount due you waive your right (1) to contest this violation notice, (2) to a trial, and (3) to be represented by counsel.

    http://www.cvb.uscourts.gov/instructions.html


    On doing some study on the internet , it looks Speeding in a Federal Area , is a Federal Class B misdemeanor , and it would show as a criminal record on me.

    I was around 64 MPH , and not 70 MPH , as the Road was totally empty, and my daughter was crying with fever.
    I am willing to pay $125. But afraid of having a criminal record.

    Also read somewhere on the web, that if i pay directly to CVB without going to trial , This would not make to my Criminal Record.

    Pls help me , with your advice

  2. #2
    Join Date
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    Default Re: Is Speeding in a National Park, 36 CFR 4.21(C), a Federal Misdemeanor

    Speeding in a federal park is routinely cited as a misdemeanor under 36 CFR 4.21(C), and I expect that is the case with your ticket (I'm not ruling out the possibility of an exception, but I'm not in a position to either review your ticket or verify the charge with the court). Unless and until you confirm otherwise, I thus suggest treating your citation as a criminal misdemeanor ticket.

  3. #3
    Join Date
    Jul 2011
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    3

    Default Re: Is Speeding in a National Park, 36 CFR 4.21(C), a Federal Misdemeanor

    Quote Quoting Mr. Knowitall
    View Post
    Speeding in a federal park is routinely cited as a misdemeanor under36 CFR 4.21(C), and I expect that is the case with your ticket (I'm not ruling out the possibility of an exception, but I'm not in a position to either review your ticket or verify the charge with the court). Unless and until you confirm otherwise, I thus suggest treating your citation as a criminal misdemeanor ticket.
    Thank you sir .

    The ticket , doesn't talk about it being a misdemeanor, it simply says Speeding 75 MPH in 55MPH, and its under 36 CFR 4.21(C).

    I would treat this as a Misdemeanor , and would call CVB to confirm.

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Is Speeding in a National Park, 36 CFR 4.21(C), a Federal Misdemeanor

    The penalties are also in the CFR: Speeding is in part 4, and this lists the penalties.

    http://edocket.access.gpo.gov/cfr_20...r/36cfr1.3.htm

  5. #5
    Join Date
    Jul 2011
    Posts
    3

    Default Re: Is Speeding in a National Park, 36 CFR 4.21(C), a Federal Misdemeanor

    Quote Quoting BOR
    View Post
    The penalties are also in the CFR: Speeding is in part 4, and this lists the penalties.

    http://edocket.access.gpo.gov/cfr_20...r/36cfr1.3.htm
    Thanks you Sir,

    I did refer to that document , the day i was given the ticket.

    1.3 (a) did not specify that specify that the penalty is a CLASS B Misdemeanor , but the punishment was equal to a CLASS B Misdemeanor.
    1.3 (c) says that if the park area is established pursuant to the Act of August 21, 1935, 49 Stat. 666, the punishment was equal to a infarction (ie No Jail time).

    I felt this wasnt so clear.

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