ATV bust

[MikeWhaley]

What is the name of your state?
North Carolina.
While 4-wheeling in a desingated 4-wheeling national forest, (Uwharrie National Forest) my group was ticketed (20 total tickets for 6 people) given sobriety tests and I blew above legal limit. I was then taken downtown for additional breathilizer test. Resulted in a .10 (NC legal .08.) I was given 4 tickets total: 1.)Driving and ATV under the influence 2). Alcohol in closed area 3). Operating ATV outside designated area 4). Operate ATV off road to damage natural resource.
No postings in the park to define designated areas, or rules pertaining to alcohol. No hand-outs given when tickets were purchased to define rules. I feel like we were set up by not receiving adequate information when tickets were purchased. Is this a reasonable assumption? What can I do now? No court date has been scheduled yet.
Any advise appreciated. Mike

 

[Curt581]

What is the name of your state?
North Carolina.
While 4-wheeling in a desingated 4-wheeling national forest, (Uwharrie National Forest) my group was ticketed (20 total tickets for 6 people) given sobriety tests and I blew above legal limit. I was then taken downtown for additional breathilizer test. Resulted in a .10 (NC legal .08.) I was given 4 tickets total: 1.)Driving and ATV under the influence 2). Alcohol in closed area 3). Operating ATV outside designated area 4). Operate ATV off road to damage natural resource. No postings in the park to define designated areas, or rules pertaining to alcohol. No hand-outs given when tickets were purchased to define rules.I feel like we were set up by not receiving adequate information when tickets were purchased.

I'm a bit confused. You feel "set up" because there were no signs or handouts saying that it's bad idea to drink alcohol and operate a motorized vehicle?

All of the NHTSA public service ads, all of the media coverage of drunk driving crashes, all of the MADD campaigns about drunk driving... and you still need a sign to know it's a bad idea??

Is this a reasonable assumption?

No. It's not. Was it reasonable for the State to assume that you had enough common sense not to get drunk and ride an ATV? Apparently not.

What can I do now? No court date has been scheduled yet.
Any advise appreciated. Mike

Call the agency that issued the citations, or the clerk of the court that services them and schedule a court date. If you feel so inclined, talk to an attorney.