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priapism

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  1. priapism

    NW FOREST PASS

    Regarding the NW Forest Pass, I have some firsthand info that may be very beneficial to those who don't buy passes or may want to fight a violation in court. I've been receiving both the nice "you didn't pay your money" notices and actual violations for several years, and nothing has ever come of it. On June 6, I was parked at the Snow Creek TH in Leavenworth and received a $50 ticket for "failure to have a valid NW Forest Pass." I ignored it, but a month later I got a "Notice To Appear" in the mail, directing me to pay or show up at a hearing at the Federal Courthouse in Yakima. It also said if I planned on contesting it to call the U.S. Attorney's intern in Spokane. I called, and made the mistake of speaking with him about the violation (more on that later). To make a long story short, I showed up at the hearing, entered a plea of not guilty, and had a trail date set for Aug. 23. At the trial, I spoke at length about the NW Forest Pass, citing that it is, at present, an extension of the Fee Demonstration Program and paying is discretionary, not mandatory; that it is a fee charged for recreation, and I was not witnessed recreating; that it is only (unfairly) charged to motorists and not those who access the trailheads by other means; that it discriminates against people of low income; and so on. Basically I hit all the arguements that are out there, emphasizing that the goal behind the program is increased privatization of our public lands. The issuing officer was there, and I had a chance to cross-examine him. He stated he did not witness me driving/parking the vehicle or participating in any recreational activity, but only that he observed my vehicle parked there. The Government produced pictures of my vehicle and pictures of the sign saying passed were required, presumably because I had a large sign in my windshield saying "Northwest Forest Pass, Don't Buy It!" After we all said our peace, the Judge (who was quite cool, by the way) basically said although he sympathized with my position, my arguements were much better suited to the political arena than the courtroom. He felt that the Government had met the burden of proof to show my vehicle was there and did not have a pass. However, the question was raised as to why the violation was even mailed to me in the first place, as there are two names on the registration. Under questioning, the officer said he "just sends it to the guy, I guess". The ticket itself just has the vehicle information - a registration check is done by computer, and then the violation gets a name attached to it. So the Judge is taking this case under advisement, waiting for the intern-Attorney to provide him with case law showing how the violator is picked from a registration with two people, and I should hear back in a week or so. I wanted to win based on principle, not a technicality, but we'll see. So what did I learn? Don't put a protest sticker in your windshield, as I'm sure that is why they decided to prosecute me. Don't buy a pass, and if you get an actual violation, ignore it. When the notice comes in the mail and you call the intern, DON'T SAY ANYTHING. In my passion for this issue, I pretty much told the guy I didn't have a pass, why I thought it was wrong, and that I was looking forward to going to court. He obviously thought he had a winning case on his hands, and that's why it didn't get dismissed by the U.S. Attorney's office. Remember, this is an intern who wants to win cases and move up through the system. He's not going to take on a weak case. When you call, don't tell them anything, just decline comment. I would be surprised if they followed through and didn't just drop it. If you do go to trial, the burden of proof is on the Government to show you didn't have a pass. If you don't hand them their case (like I did), they don't have too much to go on. The more of these we can take to trial, the better for our cause. And restating what several people have said earlier, get involved! Call your congressmen, educate other trail users. If we don't beat this now, it will be much harder down the road. If you're going to fight one, feel free to PM me; I learned more about beating these than I have time to discuss here. Hope that helps.
  2. Looks like Goode to me.......?
  3. O.K., maybe $75 was too much to ask. $50 bucks. Killer shoes.
  4. Boreal Vectors (not made anymore, don't know why as alot of people thought these were the best sport shoes ever). Size 9 1/2 UK, which is about 43 to 43.5 I think. Excellent condition, only used a few times (still smell new), just a little too small (painful) for me. $75. Give me a PM if you're interested for more info.
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