Trespassing violation
I live in Florida and I own an Amphibious Vehicle, this machine drives
like a four wheeler on land and rides like a boat in the water. I go
out on my Sunday drive with the kids driving out/in through parts of
the Florida Everglades crossing over Levy's, Cannels, and the Glades.
So one day I am stopped by the Fish and Wild Life commission , which I
come to find out was hired by the South Florida Water management
district to stop the ATV's and four wheelers from riding in certain
areas. The officer tells me I am trespassing on this Levy, didn't I
see the sign.
No, I never saw a sign as I don't come in the traditional ways the
four wheels do. Actually I get to the Levy by going down the cannels
and up the banks not the road access points.
There are no signs anywhere a long the cannels that say you are trespassing.
What is also confusing is, the water management canals often have
public access boat ramps.
At least I think there for public access, the boat ramps there have no
signs and they are accessible from the road without barriers.
Mean while, when I am stopped there, several four wheelers go zipping
by, The officer explains that they have to stop these kids doing 80
mph on the Levy's. I can only go 29 flat out and when he stopped me I
was doing 10 mph. My point is, the officers don't really bother
chasing the Four wheelers because they will just run away.
My questions are:
Am I trespassing?
Do I have a defense?
If possible please site any case law, if not don't worry about it. |