I am now a law breaker...

[kramman]

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.
                                  Good luck Kram

[Fishhunt223]

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.

[popeshawnpaul]

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. 

[WDFW Hates ME!!!]

No shawn not criminal... just a violation

[Dmanmastertracker]

 Shawn just mailed you his card already .

[smdave]

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.

[popeshawnpaul]

Shawn just mailed you his card already .

No, I don't leave my county and I'm not taking new business right now.  Too busy.

[WDFW Hates ME!!!]

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.

[bobcat]

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?"

[WDFW Hates ME!!!]

It is not a criminal charge, maybe i meant infraction. Like reckless driving is criminal but speeding is just a violation.

[bobcat]

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.

[G.R.K]

Pay the ticket and move on,life is way to short.

[JackOfAllTrades]

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!

-Steve

[popeshawnpaul]

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...

[dbllunger]

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.