# Question for Boehr



## slowpoke (Jan 30, 2001)

I would like to know if I give an ice fisherman a ride on my ATV ( Sportsman 500) and it is not built for two, who will recieve the ticket? Me as the owner and operator or the rider? I have been giving a few people rides with helments and I hear the DNR are inforcing this law more now then in the past. Right now, I'm telling the riders they will have to pay the ticket. I guess the best thing would be to sell my sportsman 500 and get a 2 up ATV, snowmoble or other means of transportation while ice fishing so I don't have to go by myself.


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## boehr (Jan 31, 2000)

It is possible for both of you to get a ticket, unlikely but possible. In most cases it will be the operator. Regardless if the passenger pays the ticket, do you really want a conviction of any type on your record because it doesn't fall off like points on a driving record.


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## burbotman (Feb 20, 2001)

To my understanding, all DNR and recreational tickets just don't "go away" like traffic tickets after you pay the fines, they stay on your record for life as a criminal conviction(per the law link on the PSF website www.practicalsportsman.org). Most people just plead guilty and pay the fines, thinking it will go away. Can anyone tell me which DNR violations are NOT misdemeanors? I'm sure that most if not all are. I'm not talking about poaching and other malicious violations. I think its kind of crazy to have a criminal conviction for not wearing a helmet or life jacket or giving someone a ride on an atv not built for 2. :yikes: And the list goes on and on.........I was unfortunate to get a DNR ticket in my teen years and I contacted a lawyer to see if it was still on my record. I contacted Fred Trost Legal Services and said "they would check into it". I contacted another attorney and they said:"Do you want it expunged?" I just asked a very simple question. Violating DNR rules just not worth it folks. Year after year, the DNR regulations just keep on getting more and more confusing. I save the aggravation and just avoid the confusing scenarios all together. Its such a huge price to pay for little mistakes. How would you get rid of a misdemeanor without an expensive expungement? What ramifications would it have to leave it on your record? Thanks for any info.....


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## woodsrat (Jan 4, 2005)

I wonder how we used to ice fish before we had quads? Seemed like we did it and had fun too. I own a quad and ride it legally and have a great time! This is where everybody with quads will yell at me. Sorry, just a personal opinion. 

Burbotman:
Convictions of DNR laws are either misdemeanors or felonies, depending on the offense, and show up on your criminal history as a criminal conviction and arrest. For $10 you ANYONE can see your criminal record on the State Police website (ICHAT). More and more employers in Michigan are using this site to check on new employees. Expunging a criminal record is a very difficult task. Most lawyers would be happy to help you do so ($$$$). By the way, having it expunged is not an automatic thing, it does not have to be granted to you.

If you are going to hire a lawyer, make sure it is one that has a good reputation in the court he will be representing you in. Keep in mind it may be your first and only time in front of that Judge, but it may not be true with your lawyer. Good luck on your expungement, I hope you can get it because it sounds like whatever you did is a long way back in history and won't be repeated.

I agree that game laws can be confusing at times, but I have always been able to get any question answered with ease by calling or visiting any DNR field office. Usually end up picking up some good reading material too while I'm there and have learned alot from these folks.


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## boehr (Jan 31, 2000)

I would love for some more of our laws to be made into civil infractions but that takes a legislative change, not something the DNR can wave a magical wand over and automatically change it. The majority of DNR violations do not show up on a persons criminal history that can be ran through LEIN. One would have to contact our department as there is no computer link from DNR Law Division to other law enforcement agencies.

There are some violations that are civil infractions. I won't say this is all of them but here are the majority;

*ORV Violations*
Refuse PBT
No brake light
Throttle does not idle when released
No helmet/eye protection
No headlight & taillight from 1/2 hour after sunset to 1/2 hour before sunrise
No brakes
Exceed noise emission level, 94 dB
No muffler, spark arrester
Fail to place decal in prop place/not visible
Fail to obtain title/transfer title
Fail to license ORV
Fail to display decal
Hunting season for deer, bear, & elk from 7 a.m. to 11 a.m. & 2 p.m. to 5 p.m.
Operate on or across a cemetery/airport
Operate w/in 100' of person not on a vehicle, shanty, skate area on ice
Op. w/in 100' of dwelling at > slow speed
Op. w/in 100' of slide, ski, or skate area
Op. in residential zoned area w/in 300' of dwelling except at slow speed

*Snowmobile Violations*
Fail to attach/ improper attach of trail permit
Fail to obtain trail permit

*Game Area, Recreation Area, State Parks, Access Sites, Campground Violations*
Enter, use, occupy when posted against
Dispose of trash, etc. in state receptacles
Set fire to contents of trash container
Place/burn garbage in fire ring/stove; bury trash
Engage in violent, abusive, loud, vulgar, lewd, or other disorderly behavior or obstruct free passage
Place fence barrier, to construct/occupy improvement
Remove/move/destroy, etc., signs, posters, etc.
Destroy/damage/remove trees, shrubs, vegetation 
Use premises for commercial business, solicit business, distribute/post, advertise or mark/paint anything
Possess glass container in bathing area
Obstruct any road/trail hindering public access
Park in No-Parking area/other than in designated parking area Registered owner prima-facie responsible
Hold event w/o permit
Use loudspeaker, PA, or sound amplifying device OR to operate device in manner that produces excessive noise
Operate any wheeled motor vehicle in UP on way not designated for such use
Operate any wheeled motor vehicle in LP on way not designated for such use- Vehicles licensed by SOS may operate on forest roads not posted as closed
Camp in state park, recreation area, access site, etc. in area not designated as camp site
Camp in same location for more than 15 consecutive nights (or w/in 1/2 mile of prior site)
Leave campsite unoccupied for > 24 hours
Store/leave property > 24 hours (exceptions)
More persons using camp site than allowed
To ride/lead any riding animal anywhere other than designated trails or roads open to motor vehicles
Power loading: operate vessel motor(s) at greater than idle speed at launch ramp unless the prop is disengaged
Fail to pay or register camp - state forest campground
Moor/raft off state dock w/o paying fee
Enter/use/occupy 11 p.m.-4 a.m. or swim, wade, bathe when posted against
Park any wheeled motor vehicle > 50 feet from the traveled portion of a road, parking lot, etc.
Operate motor vehicle on designate state forest pathway
Camp between 5/15 - 9/10, except in areas specifically designated for camping
Park any wheeled motor vehicle > 20 feet from traveled portion of road, parking lot or trail open to vehicle use
Operate any vehicle including snowmobiles/bicycles on other than designated, established open roads, areas or trails properly signed for use
Fail to complete camp registration/pay fee
Build fire except in designated places or in approved stoves or grills
Unregistered camper, remain in campground, beach, parking lot, or day use area 10 p.m.  8 a.m.
Operate ORV other than to/from campgrounds
Place/drive > 2 vehicles or 4 motorcycles onto 1 campsite
Discharge firearms, air/spring gun, sling shot, crossbow in campground
Possess animal - not under immediate control (6 ft. leash)
Allow animal where prohibited; allow animal to run loose
Ride, permit, or allow horses on grounds - no permit/ not in designated area
Camp without camping permit
Obtain camping permit for use by non-camping party member
Enter/remain in campground, outdoor center, cabin area, day campsite 10 p.m.  8 a.m. by non-camper
Enter/remain in day-use area 10 p.m.  8 a.m.
Camp for >15 consecutive nights in same campground
Use campground for permanent or semi-permanent residence
Walk into or drive vehicle through controlled camping area (unregistered / not visiting)
Place/drive >2 motor vehicles onto campsite (or 4 motorcycles)
Ride a bicycle of any kind except on paved/unpaved roads, parking lots, bike trail
Possess loaded firearm, except established seasons in areas open to hunting, etc.
Target shoot on area other than designated shooting range
Shoot bow/arrow or crossbow, except on designated ranges or open season
Shoot air/gas/spring-loaded gun or slingshot


*Littering*
Knowingly dump, deposit, place, etc., litter on unauthorized public/private property or water


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## dodge7 (Jan 18, 2005)

recently purchased two honda rubicons...neither came equipped with a brake light... am I in the wrong from get go.


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## boehr (Jan 31, 2000)

dodge7 said:


> recently purchased two honda rubicons...neither came equipped with a brake light... am I in the wrong from get go.


Only if you are operating after dark.

(d) Unless equipped with a braking system that may be operated by hand or foot, capable of producing deceleration at 14 feet per second on level ground at a speed of 20 miles per hour; a brake light, brighter than the taillight, visible when the brake is activated to the rear of the vehicle when the vehicle is operated during the hours of 1/2 hour after sunset and 1/2 hour before sunrise; and a throttle so designed that when the pressure used to advance the throttle is removed, the engine speed will immediately and automatically return to idle.

For your info if interested, the ORV/ATV Guide;
http://www.michigan.gov/documents/ORVguide_95964_7.pdf


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## burbotman (Feb 20, 2001)

Thanks for the info, Ray and woodsrat. Ray is such an important asset on this site. Keep up the good work. It might not be worthy of an expungement because there might not be anything to expunge


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## slowpoke (Jan 30, 2001)

I also say THANKS Ray. I don't like some of your answers but I know what you say is true. KEEP UP THE GOOD WORK.


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## boehr (Jan 31, 2000)

I don't like some of the answers I must give either.


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## kingfisher 11 (Jan 26, 2000)

I have even disagreed with some of Boehr's response but I do realize he must inforce the laws even if he disagrees with them.

He is truely an asset.

Thanks
Bob


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## dodge7 (Jan 18, 2005)

so if the brakes can be operated by hand or foot you dont need a brake light


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## boehr (Jan 31, 2000)

You are required to have a braking system that is operated by hand or foot. You are not required to have a brake light unless you operate after sunset which then you must have a brake light.


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