Misdemeanor for getting stuck on train tracks

[mmorrow6]

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

I was ticketed for misdemeanor trespassing last night when my truck get stuck on a railroad track. I was not drunk and there was no damage to the railroad at all. I am not clear really on what to expect at my initial hearing and am concerned about whether I would need a lawyer or anything of that nature or if this might not be as big an issue as I am making it out to be. Any help is greatly appreciated.

 

[FlyingRon]

Get a lawyer. You haven't given us anywhere near enough of a clue. What do you mean you got stuck on the railroad tracks. I presume you mean other than at a grade crossing. Where were you and how did you get stuck there?

 

[mmorrow6]

More info

It was in a very busy section of the city and several vehicles were parked along a gravel area very close to the tracks. I was coming through this area to exit and return home. As I was driving through, another vehicle back up and I turned my wheel to avoid them and my front driver side tire went over the track and I could not get it back over because of the traction. I immediately contacted the police so that I could get the needed help. I was not charged with anything other than the trespassing (no DUI, damage to property, etc...) and realize I was in the wrong regardless of anything else as it was my vehicle that was stuck. I did not park in this area, just drove through it.

 

[mmorrow6]

I went back and looked for any signs stating that you could not park there or for no trespassing signs and did not find anything. I took a few pictures of the area as well in order to have some reference point. I would assume it is best to just have a lawyer and have them handle it. I am just trying to understand where I stand in terms of legal ramifications that could possibly be involved and what type of attorney I would need to obtain. Thanks again for the information

 

[ecmst12]

You are charged with a crime, you need a lawyer.

 

[swalsh411]

How close to the tracks were you? Usually you can't park (which you were, in a legal sense) within X feet of the closest track. (distance varies by jurisdiction). There are not signs posted for this because there would have to be signs on the entire length of track. This is just one of these things you are supposed to know.

 

[mmorrow6]

There were many cars parked up there, but I did not actually park in the area. I was close as I was driving through that stretch. A car parked in this area began to pull out as I was coming down the line and i just turned a little to avoid contact with it as it seemed the driver did not notice me there or though they had more space. thats when my tire went onto the track then when i strated to back off, the tire got lodged on the track.

 

[FlyingRon]

I suspect you can beat this, but frankly, it's dicey without a lawyer. As you may have noticed there are specific requirements with regard to criminal trespass. Tennessee does not have any specific additional restrictions on railroad property as some states do. You're entering into the tracks was inadvertant (according to you) and your driving on the adjacent property appears that you reasonably believed that it was "open to the general public" by owner's intent.

The only dicey part of your defense is that you did potentially "interfere with the owner's use of the property" if they had to do anything to stop trains while your car was removed from the tracks.

 

[mmorrow6]

It is not listed as criminal trespassing on the citation, so I am assuming it was not considered such as I thought criminal trespass involved having intent to do damage to the property, which was not the case and it is not recorded on the citation. Isn't there a difference between criminal trespassing and "trespassing?"

I am going to get a lawyer on your advice and hopefully this won't be a huge issue. I really appreciate all the help from this forum.

 

[FlyingRon]

It is not listed as criminal trespassing on the citation, so I am assuming it was not considered such as I thought criminal trespass involved having intent to do damage to the property, which was not the case and it is not recorded on the citation. Isn't there a difference between criminal trespassing and "trespassing?"

I am going to get a lawyer on your advice and hopefully this won't be a huge issue. I really appreciate all the help from this forum.

By criminal trespass, I mean you were charged with it as a crime (a misdemeanor) as opposed to being sued civilly by the railroad.

 

[mmorrow6]

Ok, thanks so much for your help. I appreciate your time.

 

[HighwayMan]

It would be nice to know what actual statute you were charged with violating.