I have been charged in Federal Court for the following violation:
Title 36: Parks, Forests, and Public Property
CHAPTER I: NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
PART 2: RESOURCE PROTECTION, PUBLIC USE AND RECREATION
2.1 - Preservation of natural, cultural and archeological resources.
(a) Except as otherwise provided in this chapter, the following is prohibited:
(1) Possessing, destroying, injuring, defacing, removing, digging, or disturbing from its natural state:
(iv) A mineral resource or cave formation or the parts thereof.
I have filed a Motion to Dismiss based on the following points:
1. Statutory void for vagueness
2. Failure to allege an indictable offense
3. Duplicitous information
4. Violation of due process
5. Failure to allege knowledge of unlawful conduct
Do I have a chance of getting the charge dismissed, or should I just pay the fine and be done with it? Any advise would be appreciated. Thank you.
Title 36: Parks, Forests, and Public Property
CHAPTER I: NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
PART 2: RESOURCE PROTECTION, PUBLIC USE AND RECREATION
2.1 - Preservation of natural, cultural and archeological resources.
(a) Except as otherwise provided in this chapter, the following is prohibited:
(1) Possessing, destroying, injuring, defacing, removing, digging, or disturbing from its natural state:
(iv) A mineral resource or cave formation or the parts thereof.
I have filed a Motion to Dismiss based on the following points:
1. Statutory void for vagueness
2. Failure to allege an indictable offense
3. Duplicitous information
4. Violation of due process
5. Failure to allege knowledge of unlawful conduct
Do I have a chance of getting the charge dismissed, or should I just pay the fine and be done with it? Any advise would be appreciated. Thank you.