Tickets issued to GL member

[Ironman]

This came from Marv Farley a GL ind. member:



Quote:
4 of us were wheeling in the West Branch area today when we all recieved tickets form a DNR officer . When he pulled up we were all out of the jeep's parked having a pop .

He wrote us for being where we are not allowed , in short he says we are not on a forest rd which i portested . He claims that unless it is marked as open to orv it is closed . This is an administrative rule . Ok since when does the DNR in short, have the right to make there own rules which supercede state law ?

I have argued this with them in the past , until today no officer had written me a ticket . Well im not paying before i get my court date . Its 2 miles to town . I want an answer since when and how does the DNR over ride Michigan law which says i have a right to use forest roads when i have a regestered vehicle .

I'll let you know what the end result is . I dont see how they can determine all roads closed unless they say different .

--------------------

[Ironman]

In his next post he goes on to say:

Qoute:
I went in to court this morning and found out what i can do . Options are , Pay the ticket , See the Magistrate , or take it before the district judge .

These colors dont run . I have deceded to take it before the district judge . This will make case law , If I win the ticket issued it will set precedence that we had the right to drive on these trails . In the future it would make it much eaiser to have these tickets droped in this county at least .

I have no idea when i will get a court date to settle the matter , and of course no gurantee of the out come .

The cost of the ticket is $ 105.00 some how i have a feeling my attorney is going to cost me a lot more then that

Some times you just have to buck the man , and over come your common sense .

Wish me luck , its to every ones advantage if this is beat .

[Ironman]

I for one want us all to stand behind Marv on this and offer to help in any way we can.

Like he said this effects us all and could just set some sort of precedence in changing the way the DNR does "business"

Do I hear an amen brother?

Saddle up folks lets ride!

Pat Kinne
Pres. GLFWDA
1-888-705-8683

[Lothos]

This needs to be brought to the next ORV advisory board meeting as well. There is a clear broken link in the chain of command somewhere that needs to be addressed.

[PeteC]

Oh hell yea. This sounds like it might be the precedent setting case we have all waited for. And Marv sounds evry set on seeing this through. There is already talk about donations to his legal costs over this. I for one will be letting him know that I am ready to help in any way I can.

[Lothos]

I've found this so far:

4.36 Certain state-owned lands, Ogemaw county, wheeled motorized vehicles, prohibited conduct.

Order 4.36. (1) A person shall not operate a wheeled motorized vehicle except for otherwise lawful operation upon a designated trail or designated route within:

(a) The area known as preacher's hill in the S? of the SE? of section 28, T23N R1E.

(B) The area along Rose City road in the N? of the NW? of section 3, the N? of the NE? of section 4, T23N R2E.

© The S? of section 27, and the SE? of section 28, T23N R2E.

History: Iss. Sept. 17, 1993

[WhiteRhino]

I will pledge $50 towards Marv's legal fees.
Anyone else willing to help him?
Jim

[Nvrenuf]

I will also help with fees.
Let me know if I can do anything else. I have access to lots of printers and scanners for supporting (??) docs if needed.
Steve

[Ironman]

Pete, your correct, this is the ticket we have been waiting for to try and prove our point about tickets being written for a directive and not based on any MCL #

I have been in phone contact with Marv and told him GL is behind him 100%

He does seem to think this might get thrown out by the judge due to no MCL # being cited. We will have to wait and see.

Pat

[Lothos]

Is there someplace you can look up MCL#'s?

[PeteC]

I will not only donate money for the legal fees, but I have already talked to JoAnn, and will be taking a vacation day to drive up and attned the court hearing. This, of course, will be dependant on previously arranged travel plans pertaining to my vacation.

But all in all, I will try my damndest to be there, with my Jeep to show support for Marv and the others, and concern for the treatment of people using public lands.

[lgottler]

I'll support you!

[Bult4mud]

we are gonna take up a collection for his lawyer fees on Michiganjeepers.com

i have a MVC book just give me an idea and ill be happy to look it up

[wildflower]

I agree with you all. This is something we've been waiting to happen for some time. As a board member you have my support 100% also. Let's keep things going here so we all know what is happening and maybe with some notice there can be a parking lot full of 4x4's to show all of our support. ;)
Wildflower

[Roadhouse]

West Branch isn't far from me, so I'll be there for the court date if it happens. Im broke, but will donate $25 to legal fees.

[spoiledbrat]

Let me know when the court date is. We'll be there! We need to make a stand and show our support for our sport. :ph34r: