South FLorida Rider needing Advice

[surftolive]

About two weeks ago i went riding with my father and a friend. This location has no signs to advise us not to ride in the area. No, no trespassing signs or anything of that sort, and we have seen ATV's there a few times. This is about the 20th time being out there with no problems. Well now we have one. While riding a trail my friends bike broke down. My dad went to get tools and when he came back he informed us FWM or Fish and Wildlife conservation was waiting for us. The officer took our licenses and informed us that even though there are no signs posted we are not allowed back there. In the end my friend and I ended up with a warning and my dad got a 200$ ticket for a criminal offense and a court date. I know many of you have been riding a lot longer then me and I am wondering if any of you could help me find ways to fight this. Also the officer didn't even write that we were riding dirt bikes. Instead he wrote we were driving my 96 Chevy Astor van that couldn't even make it back there if we tried. ?

Thanks for any help in advance. Love the site!

[rocker97x]

To be honest, I ride near my house where there are no signs also, even tho it isnt a designated riding area. Ive also been given a written warning one of the many times ive been there (on the way actually). There is really nothing you can do if it isnt public land and you didnt have permission to ride. You just have to decide next time if the juice is worth the squeeze... (for me it is cus across the street from my neighborhood there are acres of undeveloped desert land with some sweet jumps and stuff.)

[surftolive]

I was okay with the warning it was the ticket and court date for my father that got my wheels turning. It was worth it for that learning curve i needed on my bike. I don't really have any other place to ride except for the few MX tracks near me. Since i wanted to end up on the track i guess this is the push to start learning.

[RY54]

What town?

[Rob94]

If he didn't write that you were riding dirtbikes and instead put on the ticket that you were driving a van that sounds like something you could use in court. Sometimes you can get stuff thrown out if the officer misses things or makes a mistake. If it doesn't say amywhere on the ticket anything about dirtbikes and instead says you were driving a van when yo weren't I'd be in court telling the judge what a dumbass the officer is

[Slackkinhard]

If he didn't write that you were riding dirtbikes and instead put on the ticket that you were driving a van that sounds like something you could use in court. Sometimes you can get stuff thrown out if the officer misses things or makes a mistake. If it doesn't say amywhere on the ticket anything about dirtbikes and instead says you were driving a van when yo weren't I'd be in court telling the judge what a dumbass the officer is

Agreed +1 but do it nicely

Honestly, that's weird stuff, can ya post a pic of the ticket? I'm assuming trespassing?

[surftolive]

This incident happened in Broward County off of U.S. 27. I will scan the ticket tomorrow but the officer wrote:

Statue 375.314

DAMAGE TO PUBLIC LAND BY MOTOR VEHICLE

and

Rule 40e-7.525(6)

(6) The operation of unlicensed swamp buggies, tracked vehicles, off-road or off highway all terrain

vehicles, motorcycles, off-road motorcycles or motocross motorcycles, or any other type of motorized

vehicle on District lands is prohibited unless otherwise approved by an Event Authorization.

This is all valid and great info on the states web site. But how in the heck am i suppose to know this before i ride when there was absolutely no signs or warnings not to be there. I guess in order to ride anywhere i have to do research and zoning of S.FL lands to make sure i can ride.

I took pics right after the office left to show the court that no signs were posted.

40E-7.525 Use of Vehicles, Vessels, and Aircraft; Navigational Restrictions.

(1) The operation of licensed and unlicensed vehicles on District lands is prohibited with the following

exception District lands are open to licensed vehicles on designated named and numbered roads only

unless otherwise authorized.

[Slackkinhard]

I'm no lawyer, and I am especially ignorant of Florida law and precedent. I'd say ya need to talk to one. Having the best attorney you can afford, has always paid back in triplicate for me. Doesn't read like it's a misdemeanor, so jail time isn't on the table, sounds like an infraction, ya might be able to send bail and declare no contest. I suppose someone decided that ya have to pay to use the public lands...Jeb Bush's state right?

This incident happened in Broward County off of U.S. 27. I will scan the ticket tomorrow but the officer wrote:

Statue 375.314

DAMAGE TO PUBLIC LAND BY MOTOR VEHICLE

and

Rule 40e-7.525(6)

(6) The operation of unlicensed swamp buggies, tracked vehicles, off-road or off highway all terrain

vehicles, motorcycles, off-road motorcycles or motocross motorcycles, or any other type of motorized

vehicle on District lands is prohibited unless otherwise approved by an Event Authorization.

This is all valid and great info on the states web site. But how in the heck am i suppose to know this before i ride when there was absolutely no signs or warnings not to be there. I guess in order to ride anywhere i have to do research and zoning of S.FL lands to make sure i can ride.

I took pics right after the office left to show the court that no signs were posted.

40E-7.525 Use of Vehicles, Vessels, and Aircraft; Navigational Restrictions.

(1) The operation of licensed and unlicensed vehicles on District lands is prohibited with the following

exception District lands are open to licensed vehicles on designated named and numbered roads only

unless otherwise authorized.

[surftolive]

He was or Governor. I was reading the max fine is around 500$ The officer said he need to show he was doing his job and thats why my father got the ticket. Not once did the office say we couldn't be there with dirt bikes. He said no one should be back there at all b/c of locks important equipment and such??? Nothing was back there but mud. trees snapped in half and garbage. Didnt know i was on such precious land. And if that was the case he should have waited up for the Mt. Biker that was back there but of course he didn't.