Legal Question in Traffic Law in Pennsylvania

Riding a atv on unposted private property

I was recently driving my atv on atv trails around were i live and i was heading down a narrow path when a game warden jumped out in front of me and forced me to stop. He told me i was traveling on sub leased property that is owned by a coal company that leased it to them as a animal reserve. The way that i enter these trails this is no Pa Game Commision signs anywhere to be seen, The closet road to wear he stpped me is appx. 2 miles away and its a state owned paved road now out on that road there are several game lands that are heavily signed and posted about unathorized motor vehicles however the parcel that i was traveling on that is sub leased through the coal company there are no game commision signs or even property owner posted signs. i asked the warden about that and made him aware of it he was to busy writing the citiation and didnt care. I received the citation and he has it written up as ''control of property'' unlawfully operate a conveyance propelled my motorized power on property under commision lease with permission of the person in charge of the property. as i stated there are no land parcel maps or even no tresspassing signs any where near were i was. also on the citation under my information has the wrong zip code.


Asked on 6/23/05, 3:16 pm

1 Answer from Attorneys

Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: Riding a atv on unposted private property

You have two options pay the ticket and don't ride there again, or retain an attorney to fight this matter for you. It is up to the game warden to prove his case not the other way around....I believe you have a good shot at winning this citation if you decide to fight it, but that question is up to you.

My office also offers flat rate pricing and free consultations, for additional information please visit my firm's website at www.AlleghenyAttorneys.com or by calling my office at 412.731.0865.

Sincerely,

Marc V. Taiani, Esquire

AAAL - Allegheny Attorneys At Law

Office: (412) 731-0865

Fax: (412) 731-0866

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Answered on 6/24/05, 7:57 am


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