Hunting Washington Forum
Other Activities => Fishing => Topic started by: WDFW Hates ME!!! on September 07, 2009, 09:21:48 PM
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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...
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You can beat it easily, just bring up the fact that if you were in a boat that all of you would still be fishin till the "Boat Limit" is retained !! Your right it is a stupid rule and it should have an exception for youth in it !!!
Good luck but fight it !!
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You should have been locked up! :chuckle: Sorry to hear that, seems like there is no common sense in the world anymore.
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The boys have no idea what happened. They were on cloud 9 with there fish. Thankfully the warden did it away from the kids.
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sounds like a *censored* ticket. i've always been understood that the person who LANDS the fish is the one who is required to put it on their card. since you didn't punch a fish already, i would have thought you'd be in the clear.
takes a real *censored* warden to pull something like that, especially when there was almost certainly someone breaking the law within a stone's throw of you down there.
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my dad use to do that for me as a kid and the worst thing it probably did was keep my interest up in fishing, sorry you had to go through that
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All I have to say is WOW. I love and respect all L.E. officers, but sometimes it seems like they need to use some discretion. I would have had a few choice words for that officer, respectfully.
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You should have been locked up! :chuckle: Sorry to hear that, seems like there is no common sense in the world anymore.
It's all on how you look at it. :dunno: the laws are what they are. :'(
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All I have to say is WOW. I love and respect all L.E. officers, but sometimes it seems like they need to use some discretion. I would have had a few choice words for that officer, respectfully.
:yeah:
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You can beat it easily, just bring up the fact that if you were in a boat that all of you would still be fishin till the "Boat Limit" is retained !! Your right it is a stupid rule and it should have an exception for youth in it !!!
Good luck but fight it !!
I don't believe that would be a valid argument. I'm pretty sure "party fishing" is only legal out in the salt.
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WOW, never would have crossed my mind either. I guess we catch and realease mostly, so maybe that has what has kept me out of the "clink". I'm glad he was respectful to you and the boys. That showed some class. That ticket sucks.
The fact you weren't snagging, the fact it was for youth, the fact you didn't try to exceed your limit. The fact you didn't notch a fish and quite when they wre done, the fact the tribal guys probably had boatloads of them nearby, all should have went to some lineancy I would think. OUCH
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WOW, never would have crossed my mind either. I guess we catch and realease mostly, so maybe that has what has kept me out of the "clink". I'm glad he was respectful to you and the boys. That showed some class. That ticket sucks.
The fact you weren't snagging, the fact it was for youth, the fact you didn't try to exceed your limit. The fact you didn't notch a fish and quite when they wre done, the fact the tribal guys probably had boatloads of them nearby, all should have went to some lineancy I would think. OUCH
:yeah:
unbelievable
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Here is my :twocents: on this issue. Very good of the Game warden to have gotten you away from the kids to have a chat with you, but that is all that should have been done. He could have quite easliy made you aware that it was illegal to do what you were doing while commending you for taking your kids fishing, and you would have walked away with just a little more respect for the WDFW.
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That is such crap , I do that all the time, Lots of times its not even kids I know. I love seeing their faces as they reel their first salmon in. Heck I have even done for adults that have never caught a salmon. What a real piece of work >:(
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Wow! Sounds like game wardens are turning into revenue cops now also.
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Cheap ticket....apparently looking for another rock in the box. As someone already said just a verbal warning and send you go on your way would have been sufficient. If you can't make the court date which you would probably beat, at least send a letter to several places.....from the Governor, and your local state senator and rep as well as the Director of WDFW, explaining your thoughts and displeasure of ruining an outing with your kids. Absolute crap..........with all that goes on on that river, agents are writing you up for that....unbelievable!
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My son is 7 and I took him Salmon Fishing this year. Since he is under 15 he isn't required to have a fishing license but is required to have a punchcard. I picked up a punchcard going through the WILD system (he now has a Wild ID) and my 7 year old is now legal to catch fish. What father doesn't set the hook for a kid once in a while? I guess you let them try and set it? I would take it to court and fight it. Good luck and hope the next trip is better.
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i know that my dad would have gotten more than a few tickets over the years if this had been enforced around us. when i was a little kid he'd even hand off steelhead without a second thought.
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:bs: fight it!
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Id try to fight it. Make sure to request the officer appears in court. Hopefully you can beat it AND waste some of his time. The majority of gamies prefer writing easy tickets like parking violations anyway so its not like he will be out chasing poachers.
MS
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thats ridiculous. like was said earlier he should have taken you aside like he did and just informed you. a ticket in that instance seems unnecessary.
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There are way worse things fishermen have been doing. Especially lately in the rivers. I watched one guy bring in fish after fish. His kids sat on the shoreline and did not reel in a single one, yet he kept bringing them in and throwing them in the kids baskets. I could swear he had more fish then even the three of them would have been able to keep on a legal limit.
Mason County has a bad reputation for wdfw. I'm not sure if it's worth fighting for THIS ticket, but I think generally speaking its worth bringing up that this ISSUE in particular is a BS law.
it is worth writing a letter to the WDFW office. IMO-
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Good thing the Gamie took such a dangerous poacher off the waters. :rolleyes:
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Sorry to hear about the ticket, that is really lame.
Seems like they should be enforcing catch limit's or daily limit's in my mind. Don't these apply to the rivers? I have seen guys counting and catching 30+ fish in an outing and no tickets issued. Or do I interpret this rule incorrectly?
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Interesting Post,
You should go to court if it happened just exactly the way you described it here. It would be the best thing to help resolve the strong feelings of innocence you obviously have, and your kids would know that justice was served in the end. Their perceptions are more important than you realize at this young age. Otherwise you'll harbor those ill feelings and always wish you had gone to court. And folks here would never get to see how these kinds of stories eventually turn out. It doesn't do any good to say the game warden was wrong, and I should have gone to court later when it's too late.
That way to, the game warden could tell his version of what happened, and you could relay what he tells the court in his explanation of what happened back to the board so we could all better understand the reason for his actions. There are always two sides to a story. You’re innocent until proven guilty. Let the judge decide.
Just my suggestion,
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You do need to let the judge decide on this one. Another scenario for you to consider, a fishing guide takes out 3 clients on a salmon trip and fishes 4 rods. The guides rod off a down rigger gets hit, he grabs the rod, pops the clip and fish on. Then he hands the rod off to one of the clients. I am not saying that this is wrong, a lot of my friends are guides, but how does this fit into the law the you were cited for. Just out of curiosity, what RCW was cited on the citation?
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This is what really frustrates me. With all the real issues we face, poaching, exceeding limits, and a litany of other issues, a Enforcement takes time out of their day to ticket something like this.
I respect our LE folks and generally support what they do. It is a tough thankless job. But this is silliness.
I would fight this to my dying day. I would hire a lawyer if need be. If I were a lawyer I would represent you for free!
Having not read the laws specifically I may be wrong, but I am assuming this falls into the grey area of catching and landing a fish. I hear of folks hooking large fish that entail a 30 to 60 min fight handing the fish off to another person to fight for a while. Is that also illegal in WA? What about dowriggers setting the hook?
The consequences to this are more than just an irritating fine. If you ever decide to go for a master hunter or some similar program in the future, you could end up being culled from the program do to this infraction. I would not want it on my record.
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i know that my dad would have gotten more than a few tickets over the years if this had been enforced around us. when i was a little kid he'd even hand off steelhead without a second thought.
:yeah:
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Looks like I'm a law breaker too, and will be.. Take it to court and make sure the warden shows up...Let a warden give me a ticket for that,,then give me another one for littering...Infact I would have made him call the local police, and show me the RCW on this!!! Just plain BS...
Hunterman(Tony)
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Just out of curiosity, what RCW was cited on the citation?
actually, I'd like to see this too.
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INteresting interpretations out there. If you would have landed it and then had them punch the card, done deal you are guilty. How about those that help net a fish for you. Are they guilty for the same thing. the kid had to play the fish and land it. All you did was help them hook it. How about grabbing them by the shorts when they are being pulled in, or helping them cast and place the fly. I don't know how many times I have helped my kids cast and hand them the rod, or cast it out for them in the wind or whatever when on shore fishing with powerbait.
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I would like to say this is a BS ticket. I think any sportsmen would hand a pole to a kid to catch a fish. This game cop is got to have better things to do than bother a Dad with his kids out fishing in this case. If he wants to write a ticket so damn bad, go pase a car and give a speeding ticket or work traffic!
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The ticket was unnecessary IMO. A law is a law but a warning probably would have been just as effective and wouldnt cast a negative cloud on how the public views the game department. Pretty unfortunate turn of events after a good day on the river
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Small kids along a riverbank needs assistance and tending to, that's just common sense, I once pulled a kid out of the Chehalis River, whose relatives forgot about him at a picnic. If the law expects kids to be pulled into the drink by a 40lb king that weighs as much as they do then the law must change, period.
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I would like to say this is a BS ticket. I think any sportsmen would hand a pole to a kid to catch a fish. This game cop is got to have better things to do than bother a Dad with his kids out fishing in this case. If he wants to write a ticket so damn bad, go pase a car and give a speeding ticket or work traffic!
again... these mason county guys have a bad reputation for some reason. I dont know if it's just one guy who's a jerk, or if they are pushed harder from "upstairs" or what.
I don't know how many times I have helped my kids cast and hand them the rod, or cast it out for them in the wind or whatever when on shore fishing with powerbait.
Not just kids need help with that :P I have helped my mother in law :)
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I didn't realize doing that was breaking the law. I just thought it was good parenting. You know, teaching and such…
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Did they both have a catch record card (CRC) on them?
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Did they both have a catch release card (CRC) on them?
I think you mean catch record card
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Did they both have a catch release card (CRC) on them?
OK I'll ask what the heck is a CRC card? never heard of it. Of course again I am not a freshwater fishing person the most we have done was in stocked ponds designated for kids and the occasional lake. Otherwise my own childhood fishing was all done on the puget sound. How long have these CRC cards been required because I've never heard of them and my kid might need one seeing as he goes fishing by himself all the time in the local creek and the river.
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Catch record cards are required for steelhead, salmon, sturgeon, halibut and pugetsound crab. When you buy your fishing license they should ask if you are planning on fishing for any of those species, if you say yes they give you the print out where you mark every fish you catch of previously mentioned species.
Just an FYI always say you plan to fish for all of them because if you say no and decide you want to at a later time they will charge you for them.
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Catch record cards are required for steelhead, salmon, sturgeon, halibut and pugetsound crab. When you buy your fishing license they should ask if you are planning on fishing for any of those species, if you say yes they give you the print out where you mark every fish you catch of previously mentioned species.
Just an FYI always say you plan to fish for all of them because if you say no and decide you want to at a later time they will charge you for them.
Ok but my kid doesn't need a license :dunno: he follows the rules for limits and seasons....and he is avoiding big fish after something snapped his pole in half :P.
I have my catch cards for saltwater I don't even have a freshwater license this year I have no intentions of fishing in freshwater.
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Ok but my kid doesn't need a license :dunno:
Correct. He needs CRC's so that WDFW can keep track of how many Steelhead, Salmon, or Sturgeon are caught.
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Ok but my kid doesn't need a license :dunno:
Correct. He needs CRC's so that WDFW can keep track of how many Steelhead, Salmon, or Sturgeon are caught.
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ok but he only needs those if he is fishing for those species correct?
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I'll tell you what is equally BS, if you buy a TEMPORARY three day license, then go back later to buy a season license, they charge you an additional $12 for a new catch card if you don't have your temporary catch card on your person.
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Ok but my kid doesn't need a license :dunno:
Correct. He needs CRC's so that WDFW can keep track of how many Steelhead, Salmon, or Sturgeon are caught.
ok but he only needs those if he is fishing for those species correct?
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Correct
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sounds kind of like our game warden in asotin county. he wrote a ticket to a mentally handicap kid for fishing without a license because he had a broken fishing pole and piece of jerky in the water.
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That sucks. I guess the thing to do is get the kids their own catch cards.
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Gamie had a very well thought out post. I would take it to court. You have a very good case. Worst case scenario would be they reduce the fine. Good Luck. You should also get a copy of the report that the officer wrote for your violation. Just ask for it ASAP.
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The writing of a citation in this situation just makes it seem like it really is "all about the money" nowdays. I would definitely go to court, do your homework, be very professional, very nice, but without a doubt be absolutely firm in maintaining your innocence. You did NOT land these fish and were not trying to, nor did you exceed your limit.
I took two days off work a few years ago to contest a speeding ticket and it was eventually dismissed. Yes, it cost me a lot more than just paying the fine would have. I politely told the judge that although this was costing me much more than just paying the ticket, and I apologized for wasting the court's time; I was innocent and would plead so, right to the bitter end because now it was entirely about principle. I asked if I needed to hire council. He asked me to plead down to a lesser charge and I apologized again and told him no. The judge stared me down for a several seconds, and then it was "case dismissed".
Although the officer was probably just following orders, and sounds like he was being considerate for the boys sake; I would stand on principle on this one. Go to court.
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I wouldn't have signed the ticket. Had him arrest me and then I would have gotten Komo 4 news involved. That's bull.
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The writing of a citation in this situation just makes it seem like it really is "all about the money" nowdays. I would definitely go to court, do your homework, be very professional, very nice, but without a doubt be absolutely firm in maintaining your innocence. You did NOT land these fish and were not trying to, nor did you exceed your limit.
I took two days off work a few years ago to contest a speeding ticket and it was eventually dismissed. Yes, it cost me a lot more than just paying the fine would have. I politely told the judge that although this was costing me much more than just paying the ticket, and I apologized for wasting the court's time; I was innocent and would plead so, right to the bitter end because now it was entirely about principle. I asked if I needed to hire council. He asked me to plead down to a lesser charge and I apologized again and told him no. The judge stared me down for a several seconds, and then it was "case dismissed".
Although the officer was probably just following orders, and sounds like he was being considerate for the boys sake; I would stand on principle on this one. Go to court.
I find it very hard for me to be polite, or even take the high road in situations like this. We elect and pay huge sums of tax dollars to elected officials to make intelligent, well thought out decisions, this is pure BS, absolutely nonsense. If this indeed happened as described, then it's clear to me that the legislation that was referenced is broken and needs to be fixed, an issue like this is larger than this one incident :twocents:.
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With all the problems with snaggers, guys putting in nets, etc.... the gameys have more to worry about than a guy taking his boys fishing and handing them a rod with a fish loaded up on it.... Maybe they have a quota now to keep their jobs, since there is a money problem with state agencies....
However, no matter what the situation, I would fight it, cause you can win... take your boys in with you to not only testify, but to also learn how the legal system actually works, win or lose. No judge is gonna hold that ticket up in court.. not if he is any kind of judge anyway.
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I agree that a warning would have been enough but I also see why this kind of ticket is given. There are plenty of people that abuse this. For example, I have seen a guy take his three kids to a juvenille only pond and start fishing. He would do the fishing and set the hook, fight the fish till it was almost in and then hand the rod off. The kids couldnt have given a crap less about fishing, the guy was just using them to catch a bunch of easy fish. It would be interesting to see how the court would rule on this. My guess is that they would drop it. Like was said before, just dont take a plea, it isnt worth it to drive all that way just to knock $50 off of a ticket.
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Fishing Blue Lake a few years back my friend was in his canoe. We just got back from fishing Forde Pond and put his canoe in the water, I was in my float tube. He had my two flyrods rigged for Brooks with barbed hooks. Officer called Steve over to the bank. Steve was using his rig with a partially pinched barb. He tried to pinch it but, with aging eyes he didn't get it all the way on a small Chronomid.
Officer cited the 3 rods with barbed hooks in his canoe as proof he didn't pinch his barbs. I paddled over and explained the two rods were mine and we had just been at Forde Pond. He didn't care, said the rules were the rules. Steve got a ticket for $80 bucks or something like that. The officer was very nice and an agreeable guy but, he wrote it up.
It happens. They are the messengers for the rules that we all have the ability to comment upon at any WSFW meeting. THere is an on-line forum I used to comment on a rule change at one time. My comments were read at a meeting in Chelan. The on-line forum even sent me the meeting minutes and an attachment with my written comments showing my letter was taken into consideration. It is worthwhile to call and or write in. I think the department really seemed responsive when it came to listening to what I had to say in that case. Not to say it is always that way....Hap
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Sorry to hear about the ticket, that stinks, I used to do that all the time with my kids, even have for some of the young ones for Sturgeon on an occasion. That is chicken crap ticket. Now I could see his point if your kids were up on the hill playing far away from the area, but passing the rod off so they can enjoy reeling them in, that is a plain stupid ticket.
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My wife got a ticket for that exact thing at Fort Flagler 10 or so years ago. The gamey was about 4 foot 2 and about 18 years old and started giving my wife a bad time about handing the rod off to our kids. I took him a side as she was in tears, and told him to go a head and write the ticket and then leave us the hell alone before his partner had to drag me off to jail in front of my kids.
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i didnt read it all but got the pic. i have 5 kids and i hand them the pole all the time if they cant find something to do but give you a ticket for that it is a sad world
take a kid fishing were does this go
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All right it is RCW 77.15.380.
What he said to me was i can not stand there and hook fish and hand the pole off. He understood that it woul dbe very boring fr the kids to cast all day and not catch a fish but dad hooks 20 fish.
He was not an ass at all, he did take me away from the kids, and he commended me for geting the boys out there. And also commended for fishing with eggs and not snagging. What his issue was the helping them land the fish.
One of the boys had the fish 25 yards down the bank and i walked out and grabbed the leader to get the fish onto the bank, and cody couldn't get the fish out of the water so i grabbed the rod and pulled it up. I did not fight the fish i just pulled it up onto the bank, he just couldn't get it out of the water. So then it should have been on my catch record card and we kept it there fore i had exceeded my limit because i should have recorded the first one on my catch record card.
He said he could have written me a ticket for 5-600 dollards for using another persons catch record card but he was not going to because i had the kids out there and would cut me some slack.
I need to call and get the officers report.
I didn't sign anything either.
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Asinine! That guy was being a prick. You should have taken a steamer on the hood of his rig!
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So the WAC is 220.56.180.5 i think he meant to write down 220.56.180.9, not sure if going to court will do anything for me.
Can they make it worse? i mean can they find me guilty of something other than what i have been issued a violation for? I have no clue how these go it is my first offence and i don't want to go up there and plead not guilty and get the book thrown at me. Not sure how this really goes. I really am ignorant of the process.
Also in the RCW it says that this is Unlawful recreational fishing in the second degree — Penalty.
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You need to fight this ticket because if you dont it wiil always leave a sour taste in your mouth.I should know i got a ticket that i thought was b.s from a game warden near elma during late buck and instead of taking the day off of work and fighting it i just paid it.8 years later Im still Fing p.o about it.So even if you lose at least you tried to fight instead of rolling over and taking one up the poopper shooter. :twocents:
Good luck Kram
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They cant charge you with anything other than what you were given the ticket for.
So you mean he wrote down the wrong rcw? That is grounds for dismissal as well, I would definitely take it to court if that is the case. I know somebody who got off the hook for a seatbelt violation because the officer wrote the wrong date on the ticket.
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So the WAC is 220.56.180.5 i think he meant to write down 220.56.180.9, not sure if going to court will do anything for me.
Can they make it worse? i mean can they find me guilty of something other than what i have been issued a violation for? I have no clue how these go it is my first offence and i don't want to go up there and plead not guilty and get the book thrown at me. Not sure how this really goes. I really am ignorant of the process.
Also in the RCW it says that this is Unlawful recreational fishing in the second degree — Penalty.
I would highly suggest you contact a good criminal lawyer. They can answer most of these questions competently in about 15 minutes. They will even do it for free in terms of a consultations. It sounds like you have a lot of questions and listening to armchair lawyers on the internet probably isn't the smartest move. There can be a lot of unforseen problems with charges like this on your record. If you need a referral, call the washington state bar association and ask them. Otherwise, find a criminal lawyer in the county where this occurred. You don't need one at arraignment, but if you have one they can waive the arraignment so you don't have to go to court. I'm assuming this was a criminal charge...? (sorry, I don't want to read 5 pages of posts) Good luck.
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No shawn not criminal... just a violation
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Shawn just mailed you his card already :chuckle:.
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All right it is RCW 77.15.380.
I do not see where that has anything to do with what you were doing.
RCW 77.15.380
Unlawful recreational fishing in the second degree — Penalty.
(1) A person is guilty of unlawful recreational fishing in the second degree if the person fishes for, takes, possesses, or harvests fish or shellfish and:
(a) The person does not have and possess the license or the catch record card required by chapter 77.32 RCW for such activity; or
(b) The action violates any rule of the commission or the director regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas, closed times, or any other rule addressing the manner or method of fishing or possession of fish, except for use of a net to take fish as provided for in RCW 77.15.580.
(2) Unlawful recreational fishing in the second degree is a misdemeanor.
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Shawn just mailed you his card already :chuckle:.
No, I don't leave my county and I'm not taking new business right now. Too busy.
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220.56.180.5 is the WAC that defines limits. Not sure anything in there defines what happened. Maybe I will be at the mason county district court on tuesday next week.
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I'm assuming this was a criminal charge...? (sorry, I don't want to read 5 pages of posts)
No shawn not criminal... just a violation
What's the difference between a criminal charge and "just a violation?"
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It is not a criminal charge, maybe i meant infraction. Like reckless driving is criminal but speeding is just a violation.
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OK, I wasn't sure what would be considered "criminal" as far as hunting and fishing violations. Either way, I wouldn't want it on my record. As someone said, if you wanted to do the master hunter thing, you might be disqualified due to that minor fishing violation. It sucks if you have to pay a lot of money to hire an attorney for something as stupid as this.
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Pay the ticket and move on,life is way to short. :dunno:
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I'm a law breaker too!
I fished Sunday and Monday on the Skagit without my fishing license in my pocket. (left that 'field' wallet in the truck)
I didn't get caught though! :IBCOOL:
-Steve
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It is not a criminal charge, maybe i meant infraction. Like reckless driving is criminal but speeding is just a violation.
My reading of the statute quoted is that it is criminal. A misdemeanor is criminal... Speeding is a civil infraction. Reckless driving is a gross misdemeanor crime. I'd lawyer up and erase this thread...
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What is the age of the kids fishing with you? Also get a copy of the wardens report and post up what his view of the situation was. I'm sure you will post what his view was as you seem right up front about it. As far as fighting it I would not want any unjust game violation on my record period.
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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.
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They really do hate you! :chuckle:
Good point! I never thought about his name being "WDFW Hates Me." Maybe there is such a thing as karma.
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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.
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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, :dunno: 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.
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"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 :chuckle:).
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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 :twocents:
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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. :dunno: 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)
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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.
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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.
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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 prosecutors 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.
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The violation was for continuing to fish after limit was met.
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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.
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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.
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Well guess you won't be putting in for that Master Hunter cert.
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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
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Just my guess based on the kids age that is the deciding issue in this instance. I would go to court and talk with the judge after reading the wardens report. Ask for them to give you a year with no other violations and ask to have them dismiss the ticket.
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Just my guess based on the kids age that is the deciding issue in this instance. I would go to court and talk with the judge after reading the wardens report. Ask for them to give you a year with no other violations and ask to have them dismiss the ticket.
Please talk to an attorney. dbllunger's suggestion to seek a deferred prosecution is a good bet, especially if your record is clean.
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I did not read all of the post so maybe someone all ready said this:
I would not waste my time or money going to court if you did break the law. Here is a quote from a judge on a ticket I contested "ignorance is no excuse for the law". If you do go to court good luck.
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WOW that = :crap:
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You could just laugh at the girlyman judge HAHHAHAHAHHHAHAAAAHHAHAHAHAHAHAHA.
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I've been clipped and friends have for stupid :crap: hooks nor crimped hard enought, passing the pole ect. So I QUIT FISHING The Brain Trust at WDFW can't figure out why less people hunt and fish in this state? HMM good thing we trust them to manage our resourses for us... You can infuence THE MAN 3 ways your time your vote and $$$ I pick $$$ all the time.. Fight this stupid ticket and go aout of state to have a good time.. Then they can figure out how to pay for the gamies they have left.... :mor:
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Well i think i am going to go talk to the judge after i read what the game warden has written. I am responsible for my own actions and it was no ones fault but my own. I have a clean record, not even a speeding ticket. Hoefully they will be lenient. If not i will be looking for donations for the "get the fat guy out of jail before muzzle loader season fund".