License suspensions

[jadeball1]

Today I sent a formal appeal thru my attorney. I will receive a hearing date and get to plead my case. The infractions I received was 1) - fishing for salmon without a punchcard. I’ll had nothing in the boat, was holding a net ready to net my sons fish, and was unable to find my card which was in fact on the boat that I found after they left. 2)- no plug in my shotgun. I had one in the gun , but it had broken(wood piece)and the officer was able to fit 3 shells in. 3) - retaining a Black Sea bass while fishing in area 4 during a halibut opener in water deeper than 20 fathoms. I was in 140 ‘ apparently. Now I admit to these oversites, mistakes, and forgetfulness. However, none of these infractions I feel are worthy of a suspension. None are intentional, none are premeditated offenses, and none should be considered criminal convictions that now label me because I paid my fine without contesting and a hearing. My understanding was a infraction could be paid, and would not go towards a suspension as mentioned on page 86 in blue lettering of the 2018 hunting reg book.

[Thehowler]

You were screwed by the Inslee crew. Fight and win.
But if you get the wrong judge, he will call you a poacher, and a menice to society.
Had a judge say that to me in court one time, defending myself when I was very young.

[full choke]

Today I sent a formal appeal thru my attorney. I will receive a hearing date and get to plead my case. The infractions I received was 1) - fishing for salmon without a punchcard. I’ll had nothing in the boat, was holding a net ready to net my sons fish, and was unable to find my card which was in fact on the boat that I found after they left. 2)- no plug in my shotgun. I had one in the gun , but it had broken(wood piece)and the officer was able to fit 3 shells in. 3) - retaining a Black Sea bass while fishing in area 4 during a halibut opener in water deeper than 20 fathoms. I was in 140 ‘ apparently. Now I admit to these oversites, mistakes, and forgetfulness. However, none of these infractions I feel are worthy of a suspension. None are intentional, none are premeditated offenses, and none should be considered criminal convictions that now label me because I paid my fine without contesting and a hearing. My understanding was a infraction could be paid, and would not go towards a suspension as mentioned on page 86 in blue lettering of the 2018 hunting reg book.

I feel for you. Those sound to be pretty petty offenses.
I was once given a speeding ticket on I-90, right between the two exits to Ellensburg. I was heading eastbound right at 6am, I was in the right lane, being passed by a car in the left lane. State trooper heading westbound, flipped a U-turn through the median, and pulled me over. Said I was doing 58 in a 55 (yeah- this was a couple of years ago...) I argued with him for awhile, he read me the riot act and wrote me the ticket. I took it to court. Took a day off work- drove to Ellensburg, sat in the court house while every single person in front of me was let off of their infractions. Including a kid who ran a stop sign, with an open container, and no insurance. My moment to shine finally came- it was my word against the Trooper- Lieutenant so and so, 28 years service to WSP blah blah blah, I am sure related somehow to the judge. I got stuck with the ticket.
Sometimes ya just get screwed...

[bigtex]

Today I sent a formal appeal thru my attorney. I will receive a hearing date and get to plead my case. The infractions I received was 1) - fishing for salmon without a punchcard. I’ll had nothing in the boat, was holding a net ready to net my sons fish, and was unable to find my card which was in fact on the boat that I found after they left. 2)- no plug in my shotgun. I had one in the gun , but it had broken(wood piece)and the officer was able to fit 3 shells in. 3) - retaining a Black Sea bass while fishing in area 4 during a halibut opener in water deeper than 20 fathoms. I was in 140 ‘ apparently. Now I admit to these oversites, mistakes, and forgetfulness. However, none of these infractions I feel are worthy of a suspension. None are intentional, none are premeditated offenses, and none should be considered criminal convictions that now label me because I paid my fine without contesting and a hearing. My understanding was a infraction could be paid, and would not go towards a suspension as mentioned on page 86 in blue lettering of the 2018 hunting reg book.

When did these occur?

The black bass offense is a criminal offense not an infraction (unless the officer gave you a huge break and wrote you for an infraction which legally is iffy). No punch card is an infraction. No plug depends on the year, either is criminal or an infraction.

It doesn't matter if it was premeditated. These offenses are strict liability offenses which means the govt doesnt need to prove intent.

You could have easily fought and likely had the no punch card ticket thrown out, but you didn't. Not to sound like an ass but you got cited three times and paid the fine each time which means you pled guilty.

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[KFhunter]

Today I sent a formal appeal thru my attorney. I will receive a hearing date and get to plead my case. The infractions I received was 1) - fishing for salmon without a punchcard. I’ll had nothing in the boat, was holding a net ready to net my sons fish, and was unable to find my card which was in fact on the boat that I found after they left. 2)- no plug in my shotgun. I had one in the gun , but it had broken(wood piece)and the officer was able to fit 3 shells in. 3) - retaining a Black Sea bass while fishing in area 4 during a halibut opener in water deeper than 20 fathoms. I was in 140 ‘ apparently. Now I admit to these oversites, mistakes, and forgetfulness. However, none of these infractions I feel are worthy of a suspension. None are intentional, none are premeditated offenses, and none should be considered criminal convictions that now label me because I paid my fine without contesting and a hearing. My understanding was a infraction could be paid, and would not go towards a suspension as mentioned on page 86 in blue lettering of the 2018 hunting reg book.

I can't fault WDFW police for writing those citations (and I don't think you fault them either)

The resulting suspension for those citations you listed seems a bit much and the rules not clear with all the dates and times changing things up, I hope you find success in your appeal or at least lessen the suspension some.   

[Bofire]

Not to Jack the thread but a big Thanks to BigTex for answering these questions as best he can.
Carl

[KFhunter]

Not to Jack the thread but a big Thanks to BigTex for answering these questions as best he can.
Carl

 

Valuable asset to the forum.

[bearpaw]

Has WDFW forgotten how to write a warning ticket? It seems to me a warning would have been good enough for a couple of those situations?

[Mudman]

You are in Wa!  Bend over and give em you $$.  Then listen to them justify it legally.  Morality has no place in Law.  I would of told Judge to kick rocks.  Fight for your self in this state.  If ya can, meaning you have $ for an Att.  otherwise your done.

[bigtex]

Has WDFW forgotten how to write a warning ticket? It seems to me a warning would have been good enough for a couple of those situations?

Or people could follow regs. Here we go again blaming officers for writing tickets and not people for following laws. This individual could have fought all three tickets (in some cases thru the mail) but he didn't.

And fyi, WDFW has a higher percentage of warnings given for violations then they do citations.

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[KFhunter]

Has WDFW forgotten how to write a warning ticket? It seems to me a warning would have been good enough for a couple of those situations?

THAT would require a whole other set of circumstances we'll never know the answers too, for we'd have to hear from the WDFW officer/s who wrote those citations and why not a warning.

I do agree on the liberal use of warnings and educating vs penalizing when possible, but at some point the rubber has to meet the road...

[Bob33]

Really?

I have thought the forum as a whole is very supportive of WDFW LE, I think it's the management and predator policies of WDFW that are the most critisized!

[BNAElkhntr]

I'm Sorry for the OP situation  with that said I've hunted  and fished in this state and 3 others and a foreign country for over 40 years and been contacted by various law enforcement agencies and quite frankly  I feel not enough.   In those years I have never been cited for anything    Look the Pamphlets  hard to read  sometimes  but when in doubt Don't do it

[bigtex]

Really?

I have thought the forum as a whole is very supportive of WDFW LE, I think it's the management and predator policies of WDFW that are the most critisized!

Immediately came to mind.

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[jackelope]

Some of you guys crack me up. If you don’t want a ticket,  don’t break the law. If you do break the law, don’t give WDFW law enforcement crap for writing tickets. Sure seems pretty straight forward.  I don’t understand the logic in giving wdfw crap for writing tickets when people break the laws.  It seems they’re either getting crap for not enforcing laws and for enforcing laws. Probably need to pick one or the other.