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Do.Not.Mess.With.RR.Property
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isobars



Joined: 12 Dec 1999
Posts: 18641

PostPosted: Mon Apr 30, 2018 6:18 pm    Post subject: Do.Not.Mess.With.RR.Property Reply with quote

My gear was ripped from my hands in Friday's 50-mph gusts. Didn't see it again until the next afternoon (by binoculars from Roosevelt), embedded in the swell-pounded riprap well east of Arlington. A retrieval attempt by two-man kayak (thanks, Eric and camp host Dan) was unable to extract it from the riprap, so I drove around to Arlington, drove down the good dirt road along the shoreline, and extracted it from the boulders. Only the mast extension/step/uni and the fin screw were salvageable (the wind had howled all night), but at least I got the eyesore off the shoreline and have ordered new rig components (the board is irreplaceable). As I was leaving, the sheriff arrived and pleasantly but dutifully cited me for CRIMINAL trespass.

Yes, I drove past a No Trespassing sign; it was the only way to retrieve my gear. But I never got near any tracks, so no one was in any danger from the 10 mph trains a hundred feet away. It's just the RR's thing.

(Glad I wasn't eating a sammich; they'da shot me on sight.)

My attorney's fees will likely exceed any fine levied, but having never been cited for a crime or arrested in my life, I don't plan to voluntarily take this one in the shorts just to save some money.

I get the impression that a judge cannot accept a lesser plea (e.g., cleaning the Gorge shoreline without an Environmental Impact Statement? Failing to mark my parked RV with orange cones? Leaving footprints on the rocks as the swell crashed over me?), so my only chance at something resembling actual, rational justice may be retaining a criminal defense lawyer. I've begun that process.

Thanks, B, for the tow job.

That's TOW.
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doug_needs_wind



Joined: 02 May 2005
Posts: 30

PostPosted: Mon Apr 30, 2018 9:05 pm    Post subject: Reply with quote

Sorry I couldn't save your rig, Mike!

I tried...

I'm glad you're OK.

I hope you beat the rap.
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rigitrite



Joined: 19 Sep 2007
Posts: 463
Location: Kansas City

PostPosted: Tue May 01, 2018 7:54 am    Post subject: Reply with quote

Quote:
Yes, I drove past a No Trespassing sign; it was the only way to retrieve my gear. But I never got near any tracks, so no one was in any danger from the 10 mph trains a hundred feet away. It's just the RR's thing.


I don't think I can count the number of times, over the years, that we've watched you rail at others about not following the rules, failing to have PERSONAL RESPONSIBILITY, and in other ways perpetrating various injustices upon you and the world. Yet here we have you getting caught violating the law (you freely admit it) but we're all supposed to somehow think this is injustice??? Where is your vaunted Republican PERSONAL RESPONSIBILITY???? You do not merit special treatment, Mike. You need to shut-up, pay the fine, and move on with your life.
Hippocrite = you

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U2U2U2



Joined: 06 Jul 2001
Posts: 4794
Location: Shipsterns Bluff, Tasmania. Colorado

PostPosted: Tue May 01, 2018 11:05 am    Post subject: Reply with quote

rigitrite wrote:
Quote:
Yes, I drove past a No Trespassing sign; it was the only way to retrieve my gear. But I never got near any tracks, so no one was in any danger from the 10 mph trains a hundred feet away. It's just the RR's thing.


I don't think I can count the number of times, over the years, that we've watched you rail at others about not following the rules, failing to have PERSONAL RESPONSIBILITY, and in other ways perpetrating various injustices upon you and the world. Yet here we have you getting caught violating the law (you freely admit it) but we're all supposed to somehow think this is injustice??? Where is your vaunted Republican PERSONAL RESPONSIBILITY???? You do not merit special treatment, Mike. You need to shut-up, pay the fine, and move on with your life.
Hippocrite = you


I must say that is excellent response . Criminal Trespass 2nd degree is a Class C misdemeanor in Oregon, if found guilty possible$1000 fine and or 90day jail time, jail time if found guilty for first offense would be astronomical .

I have found that a large dose of courtesy to police Can make the difference between a warning or ticket. Wonder how this went down ?

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Bonehead



Joined: 10 Jul 2000
Posts: 11

PostPosted: Tue May 01, 2018 11:12 am    Post subject: Reply with quote

I would favor a sentence to community service. Spend a windy day at Dougs warning folks not to rush across the tracks trying to beat the descending safety barriers
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GuyT



Joined: 13 Sep 2002
Posts: 155

PostPosted: Tue May 01, 2018 12:12 pm    Post subject: Reply with quote

a trick that usually works is crying.

Many years ago, I got arrested in Lyle for going a bit too fast. I explained to the officer that I forgot some windsurfing equipment the day before at Doug's and was rushing to get it(it was true).

Added a couple of tears. Guess the officer never saw a guy cry, so he let me go with a warning. Very Happy

Funny how news travel fast in The Gorge. By the time I got back to the Hatch, everybody knew that I just got arrested in Lyle.
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cgoudie1



Joined: 10 Apr 2006
Posts: 2150
Location: Killer Sturgeon Cove

PostPosted: Tue May 01, 2018 2:46 pm    Post subject: Reply with quote

You know, Mike was just trying to do good by all of us and get refuse out of
a scenic area (and maybe recover something). If it'd been me, I would
have gone in to remove refuse I'd created, wouldn't you?

-Craig

p.s. I've never crossed the track at an unapproved spot ... nope...definitely not ;*)

p.p.s Well maybe

p.p.p.s. I guess that makes me a criminal, just like the tearful Outlaw Board sailor GuyT
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westender



Joined: 02 Aug 2007
Posts: 1085
Location: Portland / Gorge

PostPosted: Tue May 01, 2018 2:53 pm    Post subject: Reply with quote

In WA, the cops were not enforcing RR issues and I don't think many people want their tax dollars spent subsidizing private Corp interests. They have their own police to guard their right of ways and equipment.
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vientomas



Joined: 25 Apr 2000
Posts: 325

PostPosted: Tue May 01, 2018 3:06 pm    Post subject: Reply with quote

164.255 Criminal trespass in the first degree. (1) A person commits the crime of criminal trespass in the first degree if the person:...

(c) Enters or remains unlawfully upon railroad yards, tracks, bridges or rights of way...

Seems pretty cut and dried..."rational justice" WTF does that mean? Lil Mikey gets off because he is high and mighty, holier than thou Mikey? You broke the law bud...deal with it. Perhaps you should have sought the permission of the RR before you trespassed upon their property. Hindsight...

Were you upon the RR property lawfully? Probably not...
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ldhr



Joined: 10 Apr 2000
Posts: 99

PostPosted: Tue May 01, 2018 4:19 pm    Post subject: Reply with quote

Most of the judges in HR kite, windsurf, or familiar enough with the concept to sympathize.
If you're going to court in The Dalles or out east - good luck getting sympathy. You're automatically a trust funder good for nothing never worked a day in his life wind skipper liberal democrat - GUILTY!.
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