I am now a law breaker...

[Mookie]

I read the OP twice, plus all of the comments. I still have no idea what was done to warrant a ticket other than helping kids learn to fish. And on top of that it sounds like it wasn't done illegally like I know some parents do. Take two poles and a child and catch double a single person is allowed to.

[bobcat]

They really do hate you!

Good point!  I never thought about his name being "WDFW Hates Me."  Maybe there is such a thing as karma.

[Gamie]

WDFW Hates Me

You’ve got some good questions in your mind about the process that you are unsure of.  Since it appears you have been charged with a crime, you can call or visit the prosecutor’s office and have those questions answered for no charge. 

A lot of game warden bashing has occurred as a result of your encounter with the officer.  Not that it should take over the thread, but I would hope folks also remember the many good things they can remember or have heard about fish and game officers.  These guys are dedicated to preserving the very resources you enjoy when you hunt and fish.  These guys put their lives at risk every time they put their uniforms on and go out the door.  Backup (if any) for them is a very long way off.  As you well know, most folks are armed or have sharp weapons readily accessible when these guys encounter them.  Many bad folks wandering around in the woods have already decided they aren’t going back to prison.  Don’t get me wrong, I’m in no way trying to minimize how you feel about your specific contact, but you do have options and should seek those out with the prosecutor’s office, or your choice of counsel.  Finding the best answers here to your legal questions might not happen.  But it has been interesting following this thread. 

[boneaddict]

Other than the ticket, I am impressed with how the officer handled it.  Taking Dad aside from the boys, not making a stink of it, NOT confiscating the fish which I think would have been within his rights, but figure he could have if a violation was involved.  I would certainly fight this one, and I never fight anything.  If I get a speeding ticket, I deserve it and pay it.  I don't believe in wasting the courts time.  This time however I would go to court.

[Dmanmastertracker]

 "As you well know, most folks are armed or have sharp weapons readily accessible when these guys encounter them.  Many bad folks wandering around in the woods have already decided they aren’t going back to prison."

 Gamie, for the reason you state above, I have to say that the officer in question could have been making better use of his time in this case. There are much more urgent needs in the woods than giving a dad a hard time for teaching his kids how to fish. It's frustrating to hear about stories like this, then every year in the woods encounter some law breaking idiots, target shooting in areas closed to target shooting, illegally dumping and much worse, there really are thing's that need more attention, as I said to me it's a larger issue than this one incident, I'm sure this is not the first time this officer has written this type of ticket, I've known a lot of officers and generally they all have their own pet peaves that they focus on, such as a cop who hates it when people fling cigarettes out the window (I hate that too ).

[KillBilly]

If what happened was in fact an actual violation and the Officer had let him off with a warning then the youngsters would have gone on thinking it was okay. Or it would have been the Dads job to explain that they had been breaking the law and were warned about it, but they should never do it again. By going to court, another opportunity arises by which all will be made clear and father and kids both will know the rules for the future

MY

[boneaddict]

I doubt that was the officers focus.  From what I understand from previous posts and the requests of others on here in other threads, its a good thing there was an officer there observing. He was probably watching for snaggers, people taking more than their limits, confrontations with tribal stuff etc.  He just witnessed an infraction, no matter how dumb we think it might be, but apparantly one that he has done before.   Ultimately he was doing his job.  If I was in his shoes, I would have turned my head, but I am a different breed.  Maybe he is the better man because he doesn't play favorites and calls it the way it is written.   I can honestly say I'll break that law, even now that I know it might exist.  If nothing else, maybe you can get information about that law so we can change it (by going to court)

[Skyvalhunter]

I would go to court as atleast you will get clarification. Besides it might get thrown out and the gammie might not even show up. I understand your side about taking the time off and cost to drive there. But would you want the infraction on your record when there is a chance of it not being there? Either way you got to do what you think is right for you. I high percentage would have done the same in your shoes.

[DOUBLELUNG]

Shawn and Gamie both offered great advice.  I'm not wanting to be an armchair lawyer, either, but I don't think from what I have read that the violation was handing off the rod to the kids; it was either the kids didn't have their own catch cards, or the catch wasn't recorded, or the catch was recorded on your card, but you continued to fish after the limit was retained. 

I think you should definitely contact a criminal defense lawyer, and the prosecutor, as suggested.  If it is a criminal offense, you definitely don't want to let that go on your record w/o attempting to contest it.  As Shawn indicated, a criminal record pops up in all kinds of unpleasant ways later in life, from the way you are treated by LEOs on future contacts/stops, to closing off future opportunities. 

You don't want to have a criminal record, regardless of offense.  Definitely worth taking the time.

[popeshawnpaul]

He just witnessed an infraction, no matter how dumb we think it might be, but apparantly one that he has done before.   

He didn't witness an infraction.  He witnessed a criminal charge and was nice enough not to take you to jail that day.  They have discretion to bring you in or cite and release.

WDFW Hates Me

Since it appears you have been charged with a crime, you can call or visit the prosecutor’s office and have those questions answered for no charge. 

No offense, but this is a bad idea.  This is a crime.  I have represented dozens of people for this crime.  You'll likely go in and explain your situation and the prosecutors can use that against you.  There is one right you need to remember, the right to remain silent...  I'd exercise it.

[WDFW Hates ME!!!]

The violation was for continuing to fish after limit was met.

[dbllunger]

WDFW what was the age of the kids fishing with you?  Maybe you posted it earlier, but I seem to miss it.  Maybe that had something to do with the reason you were cited.  I don't know but have seen things before some what similar.
I know of one guy who was ticketed because he was fishing multiple poles in the boat.  He was doing everything from baiting, setting depth, re-baiting, setting hooks on fish, reeling the fish half way in then handing it off.  The others in the boat were sleeping, sunbathing, and reading, and not one of them did anything other then reel a fish in to land it.  The story being told at the dock and in town by the person ticketed was nothing close to the reality.  I only know the reality because we saw them getting the ticket, and heard him wanking at the dock later.  He got really quiet and did not say much more at the dock when we pointed out what we saw happen for several hours prior to the ticket. 
Personally in that situation he deserved a ticket if not the others also.  No I don't have a problem if someone is sleeping or reading, but these other people did absolutely nothing in the fishing process.

[WDFW Hates ME!!!]

Boys were 10 and 11. Neither was sleeping. Looks like i am going to pay it and move on because technicaly i am guilty. thanks for the advice guys as mason county district court has been no help. i can go up there and make copies of the report but they have not received it yet.

[Skyvalhunter]

Well guess you won't be putting in for that Master Hunter cert.

[FishOrDie]

Fished the Skok on our annual trip to camp at lake cushman. Took 2 kids down to see if i could get them into there first salmon, well cody has caught a few. I was running bobber and eggs amid all the snaggers and my eggs were good. I had 17 bobber downs and i hooked 12 of those. I handed the rod off to Noah who had never caught a fish before he landed a bright jack about 3 pounds. He put his rod down because he was done.  So cody stayed with me casting his spinner as i will not let him snag fish. I hook a nice fish and hand the rod off to cody and he lands a darker buck but he wanted to keep it. He is done and out of the water. I landed 2 more fish that i released and we walked out with 2 fish. The warden met me at the gate and was rather nice. He checked our licenses and our fish and thought we were going to be on our way. He took me aside away from the kids and talked to me about handing the rods off to the kids. He commended me for getting them out fishing and for using eggs instead of snagging but i can not hand the rod off to the kids. Sorry i am not going to go out and catch 20 fish and have my son watch in boredom, i am going to hand the rod off to him at all times. I want him to love fishing and catching.

So i get a ticket for unlawful attempt to excede limit-to continue to fish after fish was retained. 162 bucks to Mason county. i didn't retain a fish.Well i guess i am just going to pay it. I really don't think i am guilty of trying to excede the limit but oh well. I think that is a stupid rule and i know the game warden was just doing his job but it is a stupid rule...

I figured that the 8 hours off and the fuel to get up there would excede the cost of the ticket.

So not i am a lawbreaker...

Hi, sorry to hear about your "Infraction" which is a misdemeanor, and if you go to court, the judge "Could" find you guilty and impose a jail sentence, and the fines/court costs. Not saying that he/she would but stranger things have happened.

http://search.leg.wa.gov/pub/textsearch/ViewRoot.asp?Action=Html&Item=27&X=909192847&p=1

You could get 90 days, not saying you should, but consider talking with a lawyer, and do respond within the 15 days, and do show up, or a warrant will be issued.

If it is a yellow ticket, it is "Mandatory" to report to court.
Are you saying that Cody, and Noah both had licenses, and CRC's? And that all their fish were properly recorded on the CRC's? Along with yours?

If they did, then I "Would" fight this.. If not, then pay the fine and put your tail between your legs and never do this again. He could have got you for a hell of a lot more, and the kids. That's "If" you answer a certain way.

FishOrDie