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Warning for riders for Munising Michigan


agriffinjd said:
Also, what's his name? It should be on the ticket. If you don't want to post it, PM me with it.
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H*ll, I'd post it if I knew it......that guy is already infamous in this area.......Forest Service Law Enforcement for the northern section of the central U.P........not sure east and west boundaries of his "area"......I do know he THINKS he reports directly to God...........
 
buddah said:
Since you mentioned his truck, I assume you were crossing M-94 or something?
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He was sitting at road crossing I think just east m-94.
 
Too bad it happened......keep in mind they are not all a$$holes.......but this guy takes it to an artform.......
 
Ticket states road is 2251. Violation states operating snowmobile designated for single occupancy with minor child.
 
rayone02 said:
Ticket states road is 2251. Violation states operating snowmobile designated for single occupancy with minor child.
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Is there a citation to a law, like "MCL 324.4018" or something like that?

Does it say which court to contest it in? Maybe it's a federal statute regarding recreation on federal lands and you were on federal property?

Like I said, I'm not aware of any Michigan law that prohibits riding with more than one person on a snowmobile.
 
Only code I see is 36cfr261.15g in district court
 
rayone02 said:
Only code I see is 36cfr261.15g in district court
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CFR means it's a federal citation.

If it's 36 CFR 261.15(g), I think he's trying to say that by simply having a second person on the snowmobile, you're doing something likely to endanger another person. The text of 36 CFR 261.15 says:

261.15 Use of vehicles off roads.

It is prohibited to operate any vehicle off National Forest System, State or County roads:

(a) Without a valid license as required by State law.

(b) Without an operable braking system.

(c) From one-half hour after sunset to one-half hour before sunrise unless equipped with working head and tail lights.

(d) In violation of any applicable noise emission standard established by any Federal or State agency.

(e) While under the influence of alcohol or other drug;

(f) Creating excessive or unusual smoke;

(g) Carelessly, recklessly, or without regard for the safety of any person, or in a manner that endangers, or is likely to endanger, any person or property.

(h) In a manner which damages or unreasonably disturbs the land, wildlife, or vegetative resources.

(i) In violation of State law established for vehicles used off roads.

I bolded (g) which is what he apparently wrote the ticket under. I don't think you're riding in a mannger that is likely to endanger your child if your child is seated in front of you, between your legs, anchored by your legs and protected by your arms. Unless you were driving like a maniac and forgot to mention that part...

I would fight the ticket. If you can afford it, hire an attorney to fight it. I can try to find a referral to an attorney for you in Marquette county that would be familiar with federal law. I know a couple that are snowmobilers even...
 
rayone02 said:
Only code I see is 36cfr261.15g in district court
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Oh, and district court address is probably in Marquette right? That would be the United States District Court for the Western District of Michigan, Northern Division. It's above the post office in Marquette. You'd probably be in front of Magistrate Judge Greeley. I've not practiced federal law for awhile so I don't even know if it's considered a misdemeanor or a noncriminal ticket.
 
its a noncriminal ticket the way he wrote it he said and just pay the fine that would be all no points on license. He stated he didn't want to effect my job cause I have a cdl.
 
agriffinjd said:
rayone02 said:
Only code I see is 36cfr261.15g in district court
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Oh, and district court address is probably in Marquette right? That would be the United States District Court for the Western District of Michigan, Northern Division. It's above the post office in Marquette. You'd probably be in front of Magistrate Judge Greeley. I've not practiced federal law for awhile so I don't even know if it's considered a misdemeanor or a noncriminal ticket.
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I was slowing up to stop at stop sign. He didn't see me until I say 20 yards plus never said I was driving recklessly just illegal to drive two up.
 
rayone02 said:
its a noncriminal ticket the way he wrote it he said and just pay the fine that would be all no points on license. He stated he didn't want to effect my job cause I have a cdl.
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Sounds more like he doesn't want you challenging it so he doesn't get it thrown out by the judge...

Just a thought.

Find a lawyer that will give you a free consult where you live to give you an opinion about whether you'd win in fighting it.

Michigan state law doesn't prohibit riding more than one person on a snowmobile, but does prohibit on an ATV. Makes sense as ATVs can be very tippy, so throwing another person on can make it worse. Snowmobiles, not the same.

Since there's no federal statute specifically barring it either, he's trying to inject his own opinion about what is safe, etc. The ultimate decider would be the judge if you challenged it.

You may also have an issue of no jurisdiction. If it's trail 8, it's a Michigan designated snowmobile trail. There may be a lease agreement with the feds that allows state jurisdiction to trump federal jurisdiction on trail rules. An attorney could find that out. It could be what is called concurrent jurisdiction where either entity can enforce a law or regulation though.

Good luck on whatever route you go with.
 
Don't let that run your weekend. Just plan on fighting it in court. No judge in their right mind would ever agree nor punish you for getting your kid out to enjoy the fresh air.
 
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