US National Forest Service Road Ticket

[brookelea]

What is the name of your state? WA

Is there anywhere in Federal law that requires you to have a valid driver's license to operate a vehicle? And if you are given a ticket on a National Forest Service Road that is maintained and owned by the Federal government, not the state, is there any defense to get the ticket thrown out? I once had a neighbor that was one of those anti-government people (dont pay taxes, etc. etc) that got a ticket thrown out that he was given due to being on a federal highway, not a state highway.

Im not that extreme, I do pay taxes, etc, but my husband happened to drive for about 3 miles along a forest service road in which he was pulled over for speeding, 10mi over the limit (never seen a forest ranger pull someone over before in my life, maybe just lucky up to that point though). He does not have a license, and I do. He was driving because I was trying to take care of my son in the back seat and we had to get home on time for visitors, we were going to switch back to me driving just before the state highway. However we did not see the ranger and my husband was cited for dwls3. He had his arraignment this week, plead not guilty and is now set for trial next month. I need any information someone can provide as to help with this matter.

As a side note, at the arraignment before the federal magistrate entered, the prosecutor seemed to be having a slight discrepancy over the paperwork the federal forest agent filled out, he sat down at her desk and wrote something, then sat back in his seat. This was the same agent who gave the citation. How can we get a copy of the file the prosecutor has? Federal court here is held all over the place and I dont know that they have one court clerk or place they keep the records for you to view. Do we just call the prosecutor and request copies?

Sorry for the lengthy explanation, but I wanted to cut out possibly some of reasons for flaming I seem to receive anytime I post on this website. I tend to get responses of those sort rather than actually helpful information. But Im sure there are a few out there that can come up with some to post anyways. Please only post if you have actual factual information. Thank you!

 

[HomeGuru]

Please state exactly what was noted on the ticket as the infraction.

 

[brookelea]

My husband mailed the ticket before I could make a copy of it. At the arraignment the judge stated the charge was dwls3. That is why we want to also find out how to get the info in the file on his case so we know what is exactly written on the ticket.

 

[HomeGuru]

My husband mailed the ticket before I could make a copy of it. At the arraignment the judge stated the charge was dwls3. That is why we want to also find out how to get the info in the file on his case so we know what is exactly written on the ticket.

**A: sorry, you are not giving me the background info to be able to help you.

 

[stephenk]

this is just not your year, is it.

First, get your hubby to get a damn license. you arent always going to be driving on federal property.

Second, ask the prosecutor for a copy of the ticket, any notes the ranger made, and the specific code violation your hubby has been cited.

i'll look around regarding license requirements for travelling on federal property.

 

[brookelea]

to stephen

stephenk Quote:
"this is just not your year, is it.

First, get your hubby to get a damn license. you arent always going to be driving on federal property."


Duh! Obviously get my hubby a damn license. First we need about $10,000 to do so. Since that is the total of fine's owed towards his driver's license for tickets incurred between multiple states during his foolish teen years. And unfortunately the quickest way to get that back is to file a chapter 13 bankruptcy and have his license released after payment arrangements have been set up and filed with the trustee. However we are first filing a chapter 7 to discharge all debts that qualify for that code. So it will be a minimum of 90-120 days before he can get a license back and since he has to go to trial on Dec. 10th, that is not an option to fight this ticket. Therefore, rather than add to the amassed pile of crap we have to discharge. I would like to wipe this one out of the picture if able to do so.

The charge the federal judge stated he is up for is dwls3. And yes that is the next step to get the proper copies of paperwork from the prosecutor therefore we have the correct information to gather a defense.

However all I am asking for here, IS THERE A FEDERAL LAW REQUIRING YOU TO HAVE A DRIVER'S LICENSE TO OPERATE A VEHICLE ON A FEDERAL ROAD??????????????????????

I am not asking for the extent you can criticise or chastise me or my husband. This board is for legal advice, not beratement.

brooke

 

[HomeGuru]

Re: to stephen

stephenk Quote:
"this is just not your year, is it.

First, get your hubby to get a damn license. you arent always going to be driving on federal property."


Duh! Obviously get my hubby a damn license. First we need about $10,000 to do so. Since that is the total of fine's owed towards his driver's license for tickets incurred between multiple states during his foolish teen years. And unfortunately the quickest way to get that back is to file a chapter 13 bankruptcy and have his license released after payment arrangements have been set up and filed with the trustee. However we are first filing a chapter 7 to discharge all debts that qualify for that code

**A: huh? You can't file a BK 7 first, then file a 13.
****************
So it will be a minimum of 90-120 days before he can get a license back and since he has to go to trial on Dec. 10th, that is not an option to fight this ticket. Therefore, rather than add to the amassed pile of crap we have to discharge. I would like to wipe this one out of the picture if able to do so.

The charge the federal judge stated he is up for is dwls3. And yes that is the next step to get the proper copies of paperwork from the prosecutor therefore we have the correct information to gather a defense.

However all I am asking for here, IS THERE A FEDERAL LAW REQUIRING YOU TO HAVE A DRIVER'S LICENSE TO OPERATE A VEHICLE ON A FEDERAL ROAD??????????????????????

**A: why are you shouting and demanding a response when you have not given me the reqesting info so that I could help you?
********************
I am not asking for the extent you can criticise or chastise me or my husband. This board is for legal advice, not beratement.

brooke

**A: stephenk helped you in one of your jailhouse rock posts and now you are complaining.
Don't be surprised if no one helps you anymore.
And tell your husband to stay off the roads, city, state or federal.

 

[stephenk]

ya, what the guru said!

hire an attorney is about the best advice you are going to get. then you can yell at the attorney.

 

[brookelea]

Thanks so very much for your lack of knowledge. Knowing what the ticket states exactly does not have to do with anything in regards to whether there is a federal law requiring you to have a driver's license to operate a vehicle on federal property. Its no wonder you have more time to spend on this board giving advice than actually out there with real clients defending them. Or may I ask are you a public defender, you are about as thick headed as they are in my experience.

And I have retained a lawyer regarding my bankruptcy proceedings. Yes you can file a chapter 7. Fully discharge it and then file a chapter 13 to set up a repayment plan for those debts not dischargeable in a chapter 7 such as court fines, at which time a release on his license will occur in the state of WA. This has been already fully examined by myself and I have consulted lawyers in my local area of this fact.

As regards your comments that stephen helped me in a previous posting. I dont know that you call stating there is nothing you can do as help. I have since found someone that has successfully sued our County Jail for such things and won in court. Therefore I will not use this board any longer for legal assistance, as it has done quite the opposite. Caused complete frustration and have gotten more beratement than help.

Why does this board even exist if you cant answer a simple question like is there a federal law requiring you to have a driver's license to operate a vehicle? It seems like a yes or no question, not a well if I had the details I could answer that. There is no need for details to state a matter of fact answer YES or NO!

Lawyers in my state, when dealing with them in person or over the phone seem to be the way to go as opposed to trying to save myself time and phone calls by using this board. They are much more customer friendly and very helpful. However the amount of time it takes to make tons of calls to actually get through to a lawyer as opposed to his secretary is a big hassle. That is what I thought this board would cut out. Unfortunately I have wasted enough time here.

 

[stephenk]

i never told you there was nothing you can do regarding your hubby's injury, i just told you there is a good likelihood the jail is not negligent for the injury. If you found some attorney who sued the jail and won and your hubby's facts are the same as the other case, then go for it. It will not be easy since county facilities rarely settle on prisoner claims because of the belief that other prisoners will start filing fraudulent claims and that prisoners dont typically make credible witnesses. Plus you still have the problem of whether the lack of treatment for one week exacerbated the injury. If no exacerbation, there is no real value to the claim. Be ready to fight your case for the next 2-3 years.

Oh by the way, you do need a valid driver license when driving on national forest roads. Too bad.

 

[HomeGuru]

Thanks so very much for your lack of knowledge. Knowing what the ticket states exactly does not have to do with anything in regards to whether there is a federal law requiring you to have a driver's license to operate a vehicle on federal property. Its no wonder you have more time to spend on this board giving advice than actually out there with real clients defending them. Or may I ask are you a public defender, you are about as thick headed as they are in my experience.

**A: no, I am a National Park defender. My friend is Smokey Bear.
*****************
And I have retained a lawyer regarding my bankruptcy proceedings. Yes you can file a chapter 7. Fully discharge it and then file a chapter 13 to set up a repayment plan for those debts not dischargeable in a chapter 7 such as court fines, at which time a release on his license will occur in the state of WA. This has been already fully examined by myself and I have consulted lawyers in my local area of this fact.

**A: please provide the name, telephone number and email address of your attorney that gave you this information. What a joke.
*********************

As regards your comments that stephen helped me in a previous posting. I dont know that you call stating there is nothing you can do as help. I have since found someone that has successfully sued our County Jail for such things and won in court. Therefore I will not use this board any longer for legal assistance, as it has done quite the opposite. Caused complete frustration and have gotten more beratement than help.

**A: stephenk provided information to you and was helpful. You just did not understand it.
********************
Why does this board even exist if you cant answer a simple question like is there a federal law requiring you to have a driver's license to operate a vehicle? It seems like a yes or no question, not a well if I had the details I could answer that. There is no need for details to state a matter of fact answer YES or NO!

**A: you see, you fail to realize again that details do help. That is how your husband got into trouble with the bags of meth lab stuff.
Instead of hearing details, the cops told your husband; "were those bags of meth lab stuff in your car; YES or NO"?
*********************

Lawyers in my state, when dealing with them in person or over the phone seem to be the way to go as opposed to trying to save myself time and phone calls by using this board. They are much more customer friendly and very helpful. However the amount of time it takes to make tons of calls to actually get through to a lawyer as opposed to his secretary is a big hassle. That is what I thought this board would cut out. Unfortunately I have wasted enough time here.

**A: you keep making comments such as "I guess this board is a huge waste of time" and "why does this board even exist..." and complaining yet you keep posting here.
Feel free to call up all the lawyers you want. I am sure they will be happy to be on the telephone with you and eager to hear your stories about your husband spending 2-7 years in the slammer for bags of meth lab stuff, how you lost your home, get food from the food banks, wrote NSF checks, are moving to Texas from Washington in 6 months, make $40-50K a year but will be filing BK ............ Let's be real here. Your husband hangs around with the wrong kind of people and he and them are always in trouble with the law. So call those lawyers and waste their time Princess brookelea. Even the force is not with you.

 

[FarmerJ]

Broo If hub doesnt go to jail ask santa to bring him a horse n buggy or a small farm tractor for Xmas no lic needed to operate them .

 

[HomeGuru]

Broo If hub doesnt go to jail ask santa to bring him a horse n buggy or a small farm tractor for Xmas no lic needed to operate them .

**A: FarmerJ, you are missing the point. Santa will only bring hubby coal this year. Too many speeding tickets, driving without a license etc. Hubby's name is already in the naughty column of Santa's list.

 

[brookelea]

Is there anyone left in this country, or this world for that matter, that believes people can make mistakes in their lives and then work to clean them up? And sometimes along the way you run into "roadblocks", "brick walls" or maybe even just "speedbumps"? That no one person has ALL the answers in dealing with matters.

Also that because someone is dealing with issues from the past, which dont rarely get fixed overnight, trying to get things cleaned up and get all their ducks in a row again, that they can be successful and have a fresh start for a happy life going forward? Or does everyone think that because you did stupid things that you are permanently cursed to make them continually for the rest of your life and that you cant learn from them?

Have you ever read stories where people were of the worst sort of person, but one day something happened or "clicked" that made them realize they were being a complete idiot and so they changed things, cleaned stuff up and became VERY successful in the end with their life?



For your information, we fought and won my husbands case against the felony conviction. All the way through the legal process though was complete agony and took a year to get finished however.

Now that the outcome has been determined on that issue we can move on to making permanent future plans, however coming down with an lengthy illness and getting laid off does not help in the meantime. The only thing that helps for is income vs expenses when filing for bankruptcy. and unfortunately having to scrounge and use food banks due to the extremely limited amount of financial support remaining isnt the most glamorous thing to have to do in one's life.

This past year all my husband's traffic violations (from almost 2 years ago now) have been pushed out by judges until a determination was made on his Felony case allowing him to finish that, before dealing with amassing huge amounts of fines. Thankfully judges here have been more understanding and reasonable than the comments and "advice" given on this board.

And due to us fighting and winning, judges have been very lienient on determinations on traffic violations since the end of his case.

Declaring bankruptcy, moving to a new place that doesnt have the highest unemployment in the nation and being closer to family will give us a fresh start to move on in our lives.

Things are already in the works to be employed once we get there, etc. But while still here and finishing up dealing with junk from the past, I was coming to this board to get some information relavent to preventing more amassed fines, however instead I get the impression that I am judged by every word I type here.

But I guess that is the way the world works these days. Forgiveness does not exist as much as it used to, helping others rather than ridiculing them doesnt happen as often, and viewing people as being able to change their life and behavior rarely occurs truly in people's minds. Even as much as they say it does. It deeply saddens me.

But it will not deter us from getting everything in order and starting over with a new outlook and attitude towards how we live our lives and being greatly successful from here on out.