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Washington State Open container federal forest land.

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pulgoki

Junior Member
Washington State.


I was recently ticketed as a passenger in someones vehicle on Federal Forest land for open container.

The code on the ticket was 36 CFR 261.54 (d) which states

(d) Operating a vehicle in violation of the speed, load, weight, height, length, width, or other limitations specified by the order.

Now this is a little confusing to me since there is no information to be found for open container on F.S. roads.

Im not sure what to do about this ticket. I do not mind paying for a ticket that I am guilty for but this leads me to believe that I am being charged with being in operation of a vehicle with an open container which is a traffic penalty in Washington State. As a passenger the ticket is the same but does not show up as a traffic infraction.

If I just pay this ticket then am I admitting guilt to operating a vehicle with an open container? It doesnt say anywhere on the ticket that I was the passenger and I have not seen a report of any kind so I am apprehensive about sending the ticket in with payment.
 


xylene

Senior Member
Washington State.


I was recently ticketed as a passenger in someones vehicle on Federal Forest land for open container.

The code on the ticket was 36 CFR 261.54 (d) which states

(d) Operating a vehicle in violation of the speed, load, weight, height, length, width, or other limitations specified by the order.

Now this is a little confusing to me since there is no information to be found for open container on F.S. roads.

Im not sure what to do about this ticket. I do not mind paying for a ticket that I am guilty for but this leads me to believe that I am being charged with being in operation of a vehicle with an open container which is a traffic penalty in Washington State. As a passenger the ticket is the same but does not show up as a traffic infraction.

If I just pay this ticket then am I admitting guilt to operating a vehicle with an open container? It doesnt say anywhere on the ticket that I was the passenger and I have not seen a report of any kind so I am apprehensive about sending the ticket in with payment.
You need to go to court (or have a lawyer go to court if that is an option)

You can't call and say "This makes no sense...."

Your best bet is to get a lawyer no matter what because anything you can do to minimize this is a good thing. Alcohol offenses look terrible on your record.
 

pulgoki

Junior Member
Well, I just spent some time on the phone with the forest service. Unfortunately they couldnt be any help at all.

They were able to tell me that the court would be much closer to my house than I thought which is good. I think that I will wait this out and try to talk to an attorney for some advice.

I have an attorney but unfortunately he wasnt able to help much because he does not practice federal law.

I was hoping that the forest service would be able to tell me if there were some kind of report giving specific details but they were not.
 

pulgoki

Junior Member
I am trying to find a Federal attorney to talk to asap. What I meant by wait it out, is that the ticket doesnt give any information on a court date. You have to not pay the ticket and then they send you a court date. I dont quite understand that either. I'll be making sure that I am understanding this right before the 30 days or up.

If I can get a court date set sooner I will.
 

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