If you have been cited with railroad trespassing, you are facing a misdemeanor charge that is punishable by up to 30 days in jail and or a $100.00 fine. While this is not the longest period of incarceration or highest fine, it is still a misdemeanor and will appear on your criminal record forever. This will show up on background checks for employment and could be the difference between getting a job or not in a competitive market. An experienced attorney can negotiate with the prosecutor or city attorney to get this misdemeanor reduced, modified, or even dismissed. If all else fails your attorney can request sentencing be made pursuant to a diversionary program whereby your charge will come off your record once you have completed the courts term of probation or other terms satisfactorily. Charged with Railroad Trespassing 462.273? To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.
462.273 Walking, riding, driving, or being upon or along right-of-way or yard; permission required; “right-of-way” defined; being upon, entering, or damaging buildings, rolling stock, or equipment; applicability of section; violation as misdemeanor; penalty.
(1) Except in the case of a right-of-way designated as a demonstration snowmobile trail in section 82126 of part 821 (snowmobiles) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being section 324.82126 of the Michigan Compiled Laws, a person shall not walk, ride, drive, or be upon or along the right-of-way or yard of a railroad company operating its lines within this state, or go upon or cross the right-of-way or yard at a place other than a public or private crossing, unless having first obtained written permission from the owner or occupant railroad, its agent or servant.
(2) For purposes of this section, “right-of-way” means the track or roadbed owned by a railroad and that property owned by a railroad which is located on either side of its tracks and which is readily recognizable to a reasonable person as being railroad property or is reasonably identified as such by fencing, the existence of railroad tracks, or appropriate signs.
(3) A person shall not be upon, enter, or damage any buildings, rolling stock, or equipment of any railway company operating its lines within this state.
(4) This section shall not apply to any of the following:
Passengers on trains or employees of a railroad company while engaged in the performance of the duties of their employment.
- An authorized representative of the railroad employees.
- A person going upon the right-of-way or tracks to save human life or to protect property.
A person going or being upon or in the station grounds or depot of the railroad company as a passenger or for the purpose of transacting business with the railroad company.
A person, members of his or her family, or his or her employees going upon the right-of-way or tracks for the purpose of crossing from 1 part to another of a farm he or she may own or lease, where the farm lies on both sides of the right-of-way.
A person having written permission to go upon the right-of-way or tracks granted by the railroad company, a person using officially abandoned rights-of-way for recreational purposes, the Michigan public service commission, the state transportation department, the interstate commerce commission, or the federal railroad administration.
A registered land surveyor or his or her employees for the purpose of making land surveys.
(5) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 30 days, or by a fine of not more than $100.00, or both.