Traffic Violations: Operate Vehicle Where Prohibited Fines, Traffic Points and Defense

It is a civil infraction for any person to operate a motor vehicle off the roadway within one-fourth miles of any structure, occupied or not, within a city. The exceptions to this statute may include:

When a person is operating an authorized emergency vehicle, including towing services

When the person is operating a motor vehicle used in the process of farming or ranching

When the person is operating a motor vehicle owned by a business or enterprise licensed by the city and used in the legitimate off-road operations of the business or enterprise, such as sand and gravel operations, land surveying operations, construction companies, and utility companies.

When the person is a governmental employee operating a vehicle while on government business

When the person is operating a golf cart on a golf course

Some statutes expressly forbid a motor vehicle to be operated below the ordinary high-water mark on state or federal lands on an established road or trail that enters or crosses a stream. The state may authorize the use of a motor vehicle or off-highway vehicle on state property only when the state has determined that the use will have a minimal impact on the streambed and on the fish and wildlife of the stream or river.

Fines and Penalties

The penalty for operating a vehicle where prohibited varies in each jurisdiction. In some cases, you may be fined anywhere from $35.00 to $150.00 if your actions impose a danger to pedestrians or other vehicles.

Traffic Points and Impact on Driving Record/License

Operating a vehicle in a prohibited area is normally charged as a civil infraction and is not assessed points against your driver’s license.

Hiring a Lawyer

If you are charged with operating a vehicle in a prohibited area, the charge is normally penalized as a minor traffic infraction. However, if you injure people, wildlife, or cause severe property damage, you may be charged with a misdemeanor. In addition, the prosecuting attorney may institute a civil action in a court for injunctive relief to prevent such violation or future violations and assess a civil penalty in the amount of $1,000.00 per violation. If you find yourself in this type of situation, you will need to seek the counsel of an experienced criminal defense attorney who specializes in civil and traffic law.

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