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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118200
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I got 2 tickets from forest service not tagging firewood and

Customer Question

I got 2 tickets from forest service not tagging firewood and being off road not open for travel... heres the story...I needed to check the front axle on my truck because it was bad. I went to an aera open to the public that is used for off road recreation but private property that borders the federal land.there are no markers or postings from forest service declaring national forest.the axle broke on my truck so the truck was unable to move. I was 70 feet into the national forest on a well traveled side rd while waiting for parts, I cut some firewood. carried the wood to the truck which was about a1/3 of the truck bed..i was out under the truck when forestry pulled up. they asked for my permits and tags. I gave them over. they kept them and gave me a ticket for not tagging the wood. I haven't left my cutting aera and my truck hasn't moved... they took 2 saws and other personal property and the tickets are must concerned because this ranger is a very colorful writer and her input will not help what can I do
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
So in order to challenge the court's jurisdiction, you have to prove that the wood did not come from federal land, but from private land. In order to do that you need to go get the land survey of the area and of the private property you were on because you would need to introduce that survey into court to prove you were not on federal land and as such the charges against you are not valid. Without a survey proving you were on private land, it becomes the ranger's word against your word and in court, they consider the statement of a defendant without any supporting evidence to be self serving, which means they give the officer's testimony more credibility and the only way to challenge that credibility is with a land survey showing you were not on the federal property and the wood did not come from the federal property.
Customer: replied 1 year ago.
I had legal cutting permits and tags the wood has to be taged before you remove it from your aera..I could not move because I had a broken axle so I haven't left my aera but she gave me a ticket anyway I was on federal land....that's why I have a permit I don't want to fight with this lady and I don't want her imput in court...but she wouldn't let me pay the ticket by mail
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If you had a proper permit, then those citations should be dismissed. If you were on federal land though, the federal court would have jurisdiction and that would not be the issue.