Have You Been Arrest For Riding An Off Road Vehicle?
What Is An Off Road Vehicle (ORV)?
The operation of off road vehicles (ORV), whether a quad, dirt bike, snow mobile or any other motor-driven vehicle in New Jersey can be an entertaining and a fun pass time as long as it is done legally. The New Jersey Department of Environmental Protection has estimated that hundreds of thousands of acres of state park, forest, farmland, wetlands and wilderness areas have been damaged by the use of ORV trespassing. The riding of an ORV illegally can “caused purposeful malicious damage” to the property that the rider is trespassing on.
ATV Laws In New Jersey
A few years ago Bills A823 and S2055 established mandatory registration and insurance on all off-road vehicles in New Jersey. The bill was passed to help the authorities hold illegal riders responsible for the damage their vehicle may cause. This bill also increased the fines for illegal riders and stricter penalties for repeat offenders.
In some cases the operator of an off road vehicle may be riding on what they presume is a legal trail but unbeknownst to them the trails may back up onto private property. If the rider is not familiar with the area they could veer out of a designated area onto private property where they could be stopped by the police and arrested for trespassing. It is illegal for you to ride on private property or farmland without permission, under utility lines, on power company property, or state fire trails. In these circumstances the police may choose to arrest you for illegally trespassing on private properties. The presumption that trespass is a minor offense if caught is a misconception that could lead to legal action. Depending on the property that you are riding on the offense can be a crime of the forth degree or a simple petty disorderly persons offense. In these cases you may be facing fines upwards of $1000, impoundment of your vehicle, charged with criminal mischief, and required to pay restitution for the damage that was caused. If you decide to run from the police you could be charged with elude the police if riding on the street or resisting arrest if on a trail.
The Cost Of Off-Roading
Irresponsible off-roading will cost the New Jersey taxpayers almost a million dollars annually in damages. The reason the taxpayer are responsible for damages created by the wheels of these vehicle is because riders, if not caught, can not be assigned the loss. It is best for all off the road riders to legally ride on approved trails and to make sure that your ORV is properly licensed, insured, with a properly maintained vehicle and safety equipment. There are numerous clubs that legally rent land to ride on and online forums suggesting other areas where legal trails exist.
The Law Firm of Villani & DeLuca, P.C. is here to assist you in your criminal or civil case. Our criminal defense attorneys have been representing clients from Middletown to Lacey for over twenty years. At Villani & DeLuca, P.C. it is FREE to speak to our defense team about your case. 732-800-2980 today!