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okay so today i was at my moms in the country and there is a spillway out there its like a big water slide thats made of concret but there is so much alge its slippery and well every one goes there for fun.. well while i was there the cops came and took my name and about 15 others and our info and said they would mail us tickets for trespassing.. well i came back about 10 min later and took picture while the cops where still there and showed there is no signs for no trespassing. well i parked on the bridge and put my flashers on ( this bridge is on a country road where hardly ne one goes) the cop came and said he was giving me a ticket for parking even tho my flashers where on.. but he never made me sign no ticket he just said it would be mailed to me.. i never saw it or ne thing.. what do u think. does ne kno if u got to have a no trespassing sign in iowa?? im pleeing not guilty what u think

2007-07-14 18:33:20 · 5 answers · asked by A-Train 1 in Politics & Government Law & Ethics

5 answers

Based on the way that you write, I doubt that you would have been able to read a "No Trespassing" sign. This is probably covered by a city/county law and therefore not have to be posted.

The trespass is because the spillway is city/county property
the illegal parking ticket is for parking on the bridge, flashers
do not make it legal

2007-07-14 18:39:33 · answer #1 · answered by justgetitright 7 · 0 0

I am not sure what state you are in but most would cite you on the spot for at least the traffic violation.
If in fact you later get the citations then I doubt you would have any good defense. I believe a trespass sign would not be required in most states in the situation you described. Some states do require the posting of signs in construction zones etc so you have to check your local laws.
As far as the traffic goes..very simply put you can not leave a vehicle that is operational (unless assisting someone stranded, accidents etc.) in the roadway...even with the hazards and it is a clear violation.
Note: Going back to the scene after you were first cited...with the police on scene was not a good move. The police take that in an offensive way for sure and you should have at least waited until they left to create a possible defense on the trespass charge.

2007-07-14 18:48:24 · answer #2 · answered by flafuncop 2 · 0 0

Seriously. Are you for real?

Ok, forget the law, let's move to common sense. So if I don't have a "no trespassing" sign on my fence, people can freely come onto my property? Do you see "no trespassing" signs on baseball fields, basketball courts, football fields, but still see people who run on them get a ticket? I do. If you are even in a parking garage that is meant for you, and lets say you do something stupid like shut off the lights, they can press trespassing charges (as well as criminal mischief). There doesn't need to be a sign, ever. If you don't own the land, and especialy if it's not public, you're guilty.

As for the parking ticket, since when do flashers make it ok to park? Parking is stopping your car.

So, you are guilty on both charges and I would suggest just paying the fine or you'll be wasting the courts time and you'll have to pay much much more.

2007-07-14 18:40:00 · answer #3 · answered by Joker 4 · 0 0

Here is info about what the law is in Iowa, and other states, about trespassing.
http://law.enotes.com/everyday-law-encyclopedia/trespassing
http://www.ighsau.org/general/spectatorcode.html
http://www.hispanictips.com/2005/07/14/town-uses-trespass-law-to-fight-illegal-immigrants-new-hampshire/

If you are in any geographical area ... nation, state, county, township, whatever ... you have a civic obligation to be aware of what the laws are there.

There are often laws about no trespassing.
There could be laws defining what is private property, what is public property, where the public may and may not go without needing permission.
This territory does not have to be sign posted that it is private property.
Sometimes if you are informed about the laws of your geography then you are supposed to know what's private and what's open to the public.

When you are on a public road, there are places to park legally, and there are places you can park illegally. The law does not have to make logical sense. Parking illegally and putting your flashers on ... that helps your car be more likely to be seen so less likely someone crash into it. It does not make illegal parking legal.

2007-07-14 21:33:12 · answer #4 · answered by Anonymous · 0 0

And if a handicapped individual were good in the back of, the place might he/she have parked? Sorry, she occupied the gap, which she had no good to do. No excuses allowed, and have confidence me, the courtroom has heard all of them. that's a valid fee ticket and she or he will ought to pay it. She ought to have stopped added away, like different able-bodied human beings do, and the lot of you ought to have walked the greater few yards. And if there have been no different parking spots, which in many situations purely happens at Christmas, she could have dropped you off on the area street, or at a loading zone, I guess there became a form of.

2016-12-14 09:12:57 · answer #5 · answered by ? 4 · 0 0

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