Was ticketed for off-road vehicle law while on a non atv.

[alasama]

Was ticketed for off-road vehicle law however by definition I was not on a all-terra

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

Statute 304.013 states
2. No person shall operate an off-road vehicle within any stream or river in this state, except that off-road vehicles may be operated within waterways which flow within the boundaries of land which an off-road vehicle operator owns, or for agricultural purposes within the boundaries of land which an off-road vehicle operator owns or has permission to be upon, or for the purpose of fording such stream or river of this state at such road crossings as are customary or part of the highway system. All law enforcement officials or peace officers of this state and its political subdivisions or department of conservation agents or department of natural resources park rangers shall enforce the provisions of this subsection within the geographic area of their jurisdiction.

The definition of off-road vehicle as described in 301.010

(1) "All-terrain vehicle", any motorized vehicle manufactured and used exclusively for off-highway use
which is fifty inches or less in width, with an unladen dry weight of one thousand pounds or less,
traveling on three, four or more low pressure tires, with a seat designed to be straddled by the operator,
or with a seat designed to carry more than one person, and handlebars for steering control;

I was riding a Suzuki DR 350 motorcycle ( having only 2 wheels) in a stream when I was approached and ticketed for violation of statute 304.013. Do I have a case?

 

[cyjeff]

Is it your stream?

 

[proud_parent]

Wait. Take a look at 304.013. 2. again:

2. No person shall operate an off-road vehicle within any stream or river in this state,...

Now, look at the definition of "off-road vehicle":

304.001. As used in this chapter and chapter 307, RSMo, the following terms shall mean:

...

(9) "Off-road vehicle", any vehicle designed for or capable of cross-country travel on or immediately over land, water, ice, snow, marsh, swampland, or other natural terrain without benefit of a road or trail:
(a) Including, without limitation, the following:
a. Jeeps;
b. All-terrain vehicles;
c. Dune buggies;
d. Multiwheel drive or low-pressure tire vehicles;
e. Vehicle using an endless belt, or tread or treads, or a combination of tread and low-pressure tires;
f. Motorcycles, trail bikes, minibikes and related vehicles;
g. Any other means of transportation deriving power from any source other than muscle or wind; and
(b) Excluding the following:
a. Registered motorboats;
b. Aircraft;
c. Any military, fire or law enforcement vehicle;
d. Farm-type tractors and other self-propelled equipment for harvesting and transporting farm or forest products;
e. Any vehicle being used for farm purposes, earth moving, or construction while being used for such purposes on the work site;
f. Self-propelled lawnmowers, or lawn or garden tractors, or golf carts, while being used exclusively for their designed purpose; and
g. Any vehicle being used for the purpose of transporting a handicapped person;