Lost in a Wilderness Area
Bobby Unser's snowmobiling conviction upheld
Posted: Monday January 04, 1999 10:30 PM
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Unser fought the U.S. District Court conviction on grounds he and a friend became lost in a blizzard, their snowmobiles broke down and they wandered for two days before being rescued David Taylor/Allsport |
DENVER (AP) -- Three-time Indianapolis 500 winner Bobby Unser's conviction for snowmobiling in the South San Juan Wilderness Area in southern Colorado and his $75 fine were upheld Monday by the 10th U.S. Circuit Court of Appeals.
The auto racing great from Albuquerque could have been sentenced to six months and a $5,000 fine or both under the Wilderness Act of 1964
Unser fought the U.S. District Court conviction on grounds he and a friend became lost in a blizzard on Dec. 20, 1996, their snowmobiles broke down and they wandered for two days before being rescued.
Unser also argued:
The government prosecutors never proved criminal intent in violating the Wilderness Act.
He was not advised of his rights during talks with two Forest Service agents, who he believed would help him locate and retrieve one of the snowmobiles, following the ordeal.
The appeals court held that the charge may be proven without proof the defendant intended to take the snowmobile into the protected area or even knew he had done so.
"It would be impractical to expect the boundaries of wilderness areas could be policed in such a way that the government would have access to evidence to disprove a necessity defense" and could impede enforcement of the law, the appeals court said.
The lower court also was upheld in finding "Unser had not proven by a preponderance of the evidence that the emergency arose before he entered the wilderness area."
Unser said his statements to the Forest Service agents should have been suppressed because he was subjected to questioning without being advised of his Miranda rights and were the product of deception by the agents.
The court found that Unser was not coerced, was not in custody and the statements were voluntary.
The court also noted Unser had two men with law enforcement backgrounds accompany him to the meeting with the agents, suggesting "that Unser had some idea he might be under investigation for entering the wilderness area with his snowmobile."
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