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Old 03-09-2017, 08:32 AM
 
Location: Oahu
3 posts, read 3,077 times
Reputation: 11

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So I was hiking in a closed state park at 2am. I work night shift, so i'm always up around that time, I was just hiking. I did not know the park was closed, but when I got back from the hike I was greeted by HPD. the Cpl wrote me a citation and a court summons for a criminal offense of "Entering or remaining in a closed state park". I had no issue receiving this, but on my car window was also a traffic ticket for the same exact offense, there was a $50 fine, which I paid. My question is, should I dispute the criminal offense since both are for the same offense? I realize one is for my vehicle being parked in the state park, and the other is for my person being inside the state park, but in the supreme court case of Brown v. Ohio, The Supreme Court sided with the defendant on the grounds that, even over the course of multiple days, the defendant's crime was the same throughout. Even though one citation is for my vehicle, and one is for my person, isn't it still the same crime?
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Old 03-09-2017, 10:00 AM
 
Location: Na'alehu Hawaii/Buena Vista Colorado
5,528 posts, read 12,712,700 times
Reputation: 6203
We have a court system that allows you to appear before a judge and plead your case. You sound like you've done some research, so going into court with a well-prepared thought-out defense is a benefit. Just dress nicely, admit ignorant wrong-doing, and treat everyone with respect.
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Old 03-09-2017, 10:34 AM
 
18,438 posts, read 19,090,546 times
Reputation: 15793
I would pay the fine and be done with it. hard to imagine anyone that lives here not knowing the state parks close.
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Old 03-09-2017, 10:51 AM
 
Location: Isolated Land Mass
139 posts, read 181,635 times
Reputation: 332
You can commit multiple crimes, through one behavioral act.

Plead your case, but be prepared to pay your fines. At least the fine amounts aren't insurmountable.

Good Luck!
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Old 03-09-2017, 01:17 PM
 
Location: San Diego, CA
70 posts, read 99,118 times
Reputation: 128
Quote:
Originally Posted by Plantastic View Post
You can commit multiple crimes, through one behavioral act.
This is not true. For example, if you wire criminal proceeds you can be convicted of money laundering and wire fraud for that act. They are two different crimes with different elements. You can't be convicted of two crimes with overlapping elements (ie manslaughter and murder for the same case).


At any rate, a traffic or parking citation is a civil offense, not a criminal offense, so double jeopardy does not apply.
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Old 03-09-2017, 02:10 PM
 
Location: Kahala
12,120 posts, read 17,990,438 times
Reputation: 6176
Quote:
Originally Posted by LongAndLow View Post

At any rate, a traffic or parking citation is a civil offense, not a criminal offense
Ding ding ding - we have winner. Cars do not commit "crimes".

The car is illegally parked. Doesn't matter who put it there.

You are in the park illegally - a completely different action whether you had a car or not.
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