You provide a good argument NTXtrapper.

Would your opinion change if you saw game from the road but then went through a gate on the property to engage, or because you scouted from the road you still feel you are breaking the intent of the law?

EXACT question I have considered, but I just do not feel like testing the limits. The metes and bounds for a property I hunt is "to and along the centerline of County Road XXX." I know the county road is prescriptive right of way; there is no document assigning the width of the county road or the area that the county maintains. It would be a legal battle not worth my effort to go to court versus paying a fine to say the county road ends at the bar ditch, or pavement, or fence.

Having the knowledge of something doesn't necessarily equate to wisdom when pushing the envelope of legality in my world.

Yes, my opinion would change completely. That sounds like what a safe and responsible hunter would do. However, creeping down a county road at night while running a spotlight or thermal, with a loaded rifle accessible to the occupants, would probably not work out too well though if stopped the GW.

I really do not think this rule is targeting private landowners. A landowner can stand a foot inside of their property and hunt all day long legally and safely. Hopping the fence and being inside of your property by twenty feet or opening the gate and being twenty feet inside is no different. This is not a matter of the location of a landowner when he sees an animal.
Having a gun in a truck on a roadway is what we do. I carry a loaded gun all day long on public roads. So, this is not a matter of the safety of a loaded weapon on a road.
I really think this is geared toward poachers that would attempt to take animals from a road or shoot onto private or public land and take animals illegally.

It doesn't matter if you spotted the animal from the public roadway or not. What matters is that you are standing on your property and not a state right of way when you pull the trigger.
That said, most fences on these public road ways are set back a foot or two. My front fence is only set back about 12" so it'd be pretty hard to be completely on my property if I was using my fence as a rest.

wish I could still jump a fence, the last time I tried, I separated my shoulder

While my fence is set back from the road, I own well into the right of way (ROW). I can be on my property and breaking the law by hunting on my property if I am shooting from the ROW. What I don't know is how far back my fence is set from the ROW at any given point. A couple of places, it would not be a problem. Some would be sketchy.

I don't see what the violation would be. You have every right to be on the road, with your firearm. Is it your opinion that you were engaged in the act of hunting while on the road, and observed the animal that you ultimately shot after crossing your fence, onto your own property? You would be within the law, and not cited IMO. I am not a LEO, but do know any law has to be enforceable. Under the circumstance you describe, you couldn't even be driving, go through your gate, proceed another 100 yards, get out and shoot the animal, you "hunted" from the road. Walking, driving, 1" or 100", doesn't seem to matter as long as you are on your property. You were not engaged in the act of hunting until you shot, you were just using the road for the same reason anyone uses a public road.

Edit to add: “Hunt” means capture, trap, take, or kill, or an attempt to capture, trap, take, or kill.