What is the punishment for a vehicle caught driving in wilderness?

[Hellcat194]

We were out exploring/hiking in a wilderness boundary here in California and witnessed a jeep group cut the lock on a gate that was blocking the road that is now a closed route and runs directly through a prohibited section of wilderness that prohibits vehicles. We let it go and later reported them but I am now curious as to what punishment they might end up with. What is the consequence/punishment of driving in a wilderness boundary? If its their first offense is it different than if they have done it prior? 

[toejam]

Did you get license plate numbers? Even with those it would be really hard to prosecute if the Forest Service LEOs aren't involved. I don't know what kind of punishment gets handed out - haven't heard of a case like that. I've done enough volunteer work with the Forest Service to know those reports get attention and reports like that need to be made for them to take action. So make the report and let the pros come up with resources and a plan to deal with it.

[balzaccom]

And take photos.  We've come to the conclusion that taking photos or video is the most effective way we can support LEO in the wilderness.

[Hellcat194]

I appreciate the advice but we've already done all of that. We were just curious about what happens to offenders when FS prosecutes but I'm learning that no one really knows fully. I believe the offense is  limited to (CVC §38301.3) in the CA handbook which basically first offense is a $150 fine, 2nd in 7 years is $225 and 3rd is higher at $300 and possible jail time and with any offense your vehicle could be impounded for a min 1 day but max 30 at owners expense. I thought it would be a harsher punishment for them but I'm not sure if trespass laws or any others would be added on. 

[balzaccom]

That's just for driving.  They might well add in things like destruction of federal property (the lock on the gate) and other charges if they choose to "throw the book at them."

[Hellcat194]

That's true! I hope so. We didn't get photos of them cutting the lock because we didn't start taking photos till after we realized what they were doing so they may try to lie and say it was already cut but I hope, really hope they don't get away with that. What other charges do you think would be brought?

This is pretty educational and I think others might benefit from this thread if they search for the same question and maybe it'll deter some thinking about it. 

[ppine]

By definition most wilderness areas are roadless.  It is relatively unusual for roads to exist. They are mostly rehabilitated.  Some small portion of the public has great distain for the Federal Government and ignores a lot of rules like game laws the incident cited above. 

[balzaccom]

There are lots of old mining roads in the Sierra, including in the wilderness.  Most have been abandoned for generations...but you can still track many of them.

[Game Warden]

Where I work it is a minimum of $100-200 plus $90 court costs. We may also ask for damages if we need to do any reclamation or repairs. Cutting a lock would be another citation for damage to property.

Another thing to consider: in several cases like this I've been involved in over the years, another charge that often arises is a felony: Aggravated Assault on a law enforcement officer. Several of my colleagues have been run down by these idiots while attempting to stop them.

[ppine]

I made a living working on mines and other projects for 30 years.  Most mine roads are either outside of wilderness areas or have been reclaimed.  There are plenty of them still around, some are in WSAs (wilderness study areas).  Wilderness is an official land use classification used by the Fed Govt under the Act.  It is very difficult for LEOs to police all of that wild country.  Write down a license plate number and turn it in when you can if you see trespass. 

Edited January 23, 2018 by ppine