Legal Question in Traffic Law in Idaho

Misdemeanor - in park after closure

I was meeting friends and they were not at the place we were to meet, so I drove through a nearby park because I thought I saw my friends truck enter the park. It was at twilight, not dark. I was cited for being in a park after closure. No time was written on the citation, and the officer wrote the year 2000 not 2001 on the citation for the hearing date. The park entrance does not state no admittance after dark. I am curious what the max fine could be, and if I need an attourney to represent me to fight the ticket.


Asked on 1/04/01, 11:01 am

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Misdemeanor - in park after closure

Go back and clearly photograph all entrances and signs around the point at which you entered.

Did you have a witness with you?

Write a statement while your memory is fresh of everything which happened, including the time of day and the situation of the sun, etc.

Go to court and tell the judge your story and hope for the best. Take your evidence with you.

good luck.

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Answered on 1/05/01, 8:21 am
Gass Timothy Gass Law Office

Re: Misdemeanor - in park after closure

Staying in the park after it closes is a violation

of Boise City Code (BCC) section 9-14-05(H). There

is nothing in the code regarding darkness, just after

the park is closed.

Violating this ordinance is a general misdemeanor

with a possible penalty of a $300 fine and 6

months in jail.

Anytime it is possible for you to be convicted

of a crime, including a misdemeanor, it is wise to

have an attorney. The attorney will see possible

defenses and know how to effectively use the defenses.

An old adage from law school is appropriate here:

"One who represents himself has a fool for a client."

Misdemeanors stay on your permanent criminal

record and count against you should you be charged

with another crime.

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Answered on 1/05/01, 11:33 am


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