Crossing a Closed Railroad Crossing Gate, 21 NYCRR 1097.14

[ralfpeter]

My question involves criminal law for the state of: NY

I crossed the LIRR railroad gate while it was closed in order to catch a train. I got issued a pink summon and have to appear in court in Hempstead NY.
Police officer metioned I will have to pay a small fine. Will this enter my criminal record?

Is there a downside to admitting that I knew I should not have crossed the railroad?

http://www.mta.info/mta/police/rules_lirr.html

thanks

[tc498]

It is probably a trespassing ticket which is a violation,if it's criminal trespassing then it's a misdemeanor. On the ticket there should be a penal code number,for ex 149.50 or something,search that number in google. If it's a misdemeanor by some chance plead not guitly and a lot times it's reduced to a non criminal offense. (just tresspassing for ex)

[flyingron]

Section 1097.14 Railroad crossings.

No person shall traverse any railroad crossing:

(a) when an audible or clearly visible electric or mechanical signal device gives warning of the immediate approach of a train;

(b) when a crossing gate is lowered or when a human flagman continues to give a signal of the approach or passage of a train;

(c) when a train approaching within approximately 1,500 feet of the crossing emits a signal audible from such distance and such train, by reason of its speed or nearness to such crossing, is an immediate hazard;

(d) when an approaching train is plainly visible and is in hazardous proximity to such crossing; and

(e) when a crossing gate is in the process of being opened or closed. No person, except an LIRR employee acting in the course of his duties, may cross LIRR train tracks other than at a railroad crossing maintained for public use by the LIRR or at a private crossing established pursuant to statute or written agreement with the LIRR.

and here is the punishment

Section 1097.15 Enforcement
c) Violation of these rules shall constitute an offense and shall be punishable by a fine not exceeding $50 or imprisonment for not more than 30 days or both. Public Authorities Law, section 1266(4).

You may want to watch this http://www.dumbwaystodie.com

[ralfpeter]

Could not find penal code on the ticket. It list in Violation of section 1097.14 B. Still not 100% clear if this offense is considered criminal trespassing?

"Section 1097.15 Enforcement
c) Violation of these rules shall constitute an offense and shall be punishable by a fine not exceeding $50 or imprisonment for not more than 30 days or both. Public Authorities Law, section 1266(4).[/I][/INDENT]"

[flyingron]

If you were cited for 21 NYCRR 1097.14 like you said, it's not a misdemeanor. I posted that law above. tc missed the law cite in the subject line of the post I suspect.

[ralfpeter]

OK, thanks a lot.

[souperdave]

You may want to watch this http://www.dumbwaystodie.com

That was too cute!

Seriously for a moment........our local paper had a multi-part story series last summer about pedestrians getting killed by trains. There has been about 3 a year in Missouri and Illinois since 2006. The last part of the series really tweeked my nads.....the writer was putting the blame squarely on the railroad and their lack of safeguards, like fences and such.

Talk about having a serious WTF moment! Don't get me wrong, anytime anyone is struck by anything and killed, it is truly trajic!!! But to get hit by a train?!? Come on now, that's pretty much the epitome of an avoidable incident.

Although! As soon as they make trains that can swerve outta the way, or stop on a dime, then no worries.

[flyingron]

Believe me, I had a person tell me in these stories after some run in with the police that "The gates weren't going to come down nor the train come as long as they were on the tracks." As if the thing was like an elevator door designed not to close on someone.