that the alleged perpetrator be on a public highway. Although some issues were raised as to what is considered the highway/roadway and what is deemed to be the shoulder of the road as per the Vehicle and Traffic Law, those issues were directed at the prior referenced charges. The facts as presented set forth that the defendant was in fact operating a motorized vehicle, that being the off-road motorcycle. The question that remains is whether the actions of the defendant either unreasonably interfered or endangered another using a public highway. As mentioned, the witness, Mara Beth Swankey, testified that the defendant was traveling on or near the edge of a public highway, that being Plank Road in the Town of Poestenkill, when she encountered the defendant on his off-road motorcycle. Ms. Swankey testified that she had to swerve out of her lane and then back into the lane and thereafter collided with another motorcycle rider. It is undisputed that the area needed to be traversed by the defendant was narrow and the shoulder of the road was limited. Although the specific location as to where the two vehicles met was somewhat in dispute, the general area was determined by all the witnesses and evidence. I find the testimony of Ms. Swankey to be credible and, although not exact, it was consistent with the findings of Deputy Geracitano. While the testimony of Gregory Miller and the defendant raised some issues, it did not rebut the facts as set forth by Ms. Swankey. It is the opinion of the court that the defendant was in fact traveling near or on the referenced public highway on a vehicle not equipped to be on the mentioned public highway. The defendant was either not legally on the public highway or was riding without proper authority on real property not owned by him or anyone in his household. The actions of the defendant were unreasonable in that he knew or should have known the geographic dimensions of the public highway and any shoulders and knew or should have known the possibility of encountering another vehicle. Further, the actions of the defendant interfered with Ms. Swankey's use of Plank Road, a public highway, contributing in part to the later accident. As such, the defendant is guilty as per Vehicle and Traffic Law § 1212.