TRESPASS ON RR RIGHT-OF-WAY - Class 3 Misdeamnor - North Carolina

[trackswalker12]

What is the name of your state (only U.S. law)? North Carolina

So I got arrested for Tresspassing on railroad right-of-way last weekend.

I had gotten really drunk and apparently crossed the tracks in the wrong place.

I'm now in a new city (Charlotte), don't know the area that well, and didn't realize this was a law of such severity.

So the arresting cop was a rental cop, but he had juridiction over the light rail in Charlotte.

So basically I'm wondering if I need to get a lawyer or if I can just go to court and request a PJC.

Also, do you think I will be facing any jail time for just crossing some railroad tracks?

Lastly, the law states, A person commits the offense of trespassing on railroad right‑of‑way if the person enters and remains on the railroad right‑of‑way without the consent of the railroad company or the person operating the railroad or without authority granted pursuant to State or federal law.

Now I didn't actually remain on the tracks, in fact, it report says I was climbing over a fence, so can I agrue that to get it thrown out?What is the name of your state (only U.S. law)?

 

[FlyingRon]

Tresspassing on Right of Way (especially drunk) is a good way to get yourself killed. You could get 30 days, but it's unlikely. PJC is a good idea. There's lawyers around (Huntersville, etc..) that have direct experience with LYNX tresspass cases. Shouldn't take long to find one and ask if he can do anything for you in court.

Argue what? That you weren't climbing over the fence? Frankly, the fact is you were on the tracks other than at one of the grade crossings, that's all that's needed to convict.