Citation

[Gus]

Cybermusky, I can see your point. But I also think he will gain nothing by trying to fight the fine. Yeah it sucks but such is life sometimes. I have yet to hear a story on this site of anyone getting a citation dropped. Our whole soceity seems to be drifting away from reality by blaming everyone except themselves. All you ever hear from kids is "it isn't my fault" "he did this so I did this" "It's not my fault I drove drunk, the bartender overseved me" yada yada. Hence my pay up and move on reaction. Sorry if I offended anyone, it wasn't meant to be a personal attack and I probably could have worded it differently but I still stand behind my message.

[nofishfisherman]

It is clear that he was in violation of the law based on how the regualtions are written. Pleading ignorance is a poor excuse and really the only one that is available. Just wouldn't cut it if it were up to me. If you fish you are responisble for knowing the regulations they make then pretty easy to find since everyone on this site is able to quote them exactly after 2 seconds of searching. I guess I would just own up to your mistake and pay the fine. After all it was your fault you broke the law even though it wasn't an intentional thing.

[cliffy]

I think everyone on this forum can understand your pain concerning the fine amount . 182.00 dollars is a lot of money to most people..me included . The Officer does not set the fine amounts and in the vast majority of times, they cant give you a lesser amount.....unlike, for example, a speeding ticket..where I sometimes give people a break and only write the ticket for...say 9 over instead of the actual 15 mph over. Saves them money/points/increase in insurance..etc. I am assuming a DNR Officer is sorta stuck in between a rock and a hard place. Either verbal warning or ticket. As far as the other people that were breaking the law and didn’t get caught. Well, that sucks....it might not feel fair...but your number just came up.

Each Officer has discretion that they work within ....some incidents get tickets...some don’t. That is all based within the officer to some degree or another. To say that you shouldn’t get a ticket because you “didn’t know the rules” or that you have “never been in trouble before”.....well, those things really don’t fly in a court of law. I am sure you are a very decent person who had no intent of breaking the law. Too bad for you, your buddy led you down the wrong path and you failed to check the regs. If I were you, I would at least ask my buddy to pay half. Its worth a try.

As I have already said and someone else pointed out.... if you are still unsatisfied about this matter, go to court and speak your mind. However, based on the circumstances you have described, you probably are going to be disappointed in the outcome. I would also call ahead and asked to speak with the prosecuting attorney....they might be willing to cut ya a break. It has been my experience that they have more discretion to work with....rather then the Judge.

Anyways, I do wish you good luck and I would be interested in hearing the final outcome.

[cliffy]

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I know we all like to have lawbreakers punished but why is it that game & fish violations will cost a guy more than traffic violations will?

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[/indent]

Hanson: I am making an assumption, but I am guessing you have not received a traffic ticket in awhile. The 182.00 is pretty much an average in the area I work. For example: 1-10mph over limit= 140.00, 20-25mph over limit= 280.00...and 30+over the limit is at the 400.00 mark.

There was a discussion about the outrageous fine amounts sometime ago on this forum. It was very interesting to read..at least from my perspective. From my point of view, you can thank your law makers for the ticket amounts. You would be amazed of all the added on “fees”, “surcharges” and “law library fees” that go right back to the state.

[BobT]

What's the difference between an honest mistake and a dishonest mistake? Sounds to me like Hill is upset more about getting caught and the fairness of the other's citations than the fine itself. A true sportsman would certainly chalk this up to a learning experience and move on. Own up to your mistake and accept responsibility for it. A rare trait in our society today.

It is possible for the DNR to use some discretion. Two years ago a buddy and I planned on hunting the early goose season. The night before the opener my buddy went to town to purchase the appropriate licensing and stamps. He told the license agent to give him everything he needed. He noticed that he did not receive the Federal Waterfowl stamp but he thought perhaps it was not required that year for some reason. It turned out this particular agent didn't handle them.

The next morning we were visited by two DNR agents and yes he was caught without his stamp. He owned up to the fact that he was at fault for not verifying the requirement. Bear in mind, one of the agents was new and in training and in conversation I had with the elder agent I was informed that she needed to set the right example for her trainee so she would have a difficult time not issuing the citation, although she wanted to let him off with a warning. She instructed the trainee to write the citation for a lesser offense. She also told us that we could go ahead and finish the day but needed to get the appropriate stamps by the next day. My buddy told them he planned on getting it immediately. The officers later told him that since he planned on getting the stamp immediately they would tear up the citation.

To this day I believe it was because of my buddy's willingness to accept responsibility for his actions and make it right.

Bob

[hanson]

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Hanson: I am making an assumption, but I am guessing you have not received a traffic ticket in awhile.

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LOL! You're right. After seeing those fine amounts, I may be slowing it down a little too.

[zebco4040]

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As far as the other people that were breaking the law and didn’t get caught. Well,

that sucks....it might not feel fair

...but your number just came up.

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Not just sucks that this situation (ignor others) happends more often. Personally I have seen it 3 times in three years.

[Bobby Bass]

Every time I see a post along these lines I wish I could read a post or two from a CO not explaining his reason for issuing a ticket but just some of the stories about when he has not issued a ticket. I don't know of any law that states you are entitled to a warning or two or three or the fine will be reduced if you have never had a warning or ticket before. I don't know what your attitude or your buddy's was when you were issued a ticket I don't know the C O's attitude or how his day was. I was not there and no one else here was but you. So after all of that I can't really tell you it if it was right or wrong....I'll wager you won't do it again though and you have made everyone here aware of it.

[nofishfisherman]

Your buddies were lucky they didn't get a ticket. It is obvious if you are fishing you need a license. No one could plead ignorance to that so what where your buddies doing intentionally breaking the law? Just not a smart day all around I guess.

[hill7410]

Well one didnt have a valid license, he is 17 yrs old and the other one is same age but doesnt go fishing very often which is no excuse to break the law. What a day to go fishing, i never do break the law, just got me on a off day i guess.

[MNBassin2006]

If I read the original post correctly then my reaction is this...since when has it become acceptible to be punished before a crime is committed? A good CO would tell you the regs before you even notched a bow. Whose to say you weren't out to shoot at trees? (or your buddy who said it was ok?)

If I go crappie fishing but I have 4/0 ewg hooks in my tackle box....should I be ticketed for targeting bass? Or if I have some shad raps in the boat am I targeting walleyes?

Honestly think you have a case to get that overturned

[Slyster]

Now I see. I got a ticket for going 45 in a 30 zone once.. I honestly thought the limit was 45.. even remembered seeing a sign (although I was wrong).. didn't matter. Got the ticket... over $100 if I remember. It happens.

[hanson]

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If I read the original post correctly then my reaction is this...since when has it become acceptible to be punished before a crime is committed? A good CO would tell you the regs before you even notched a bow. Whose to say you weren't out to shoot at trees? (or your buddy who said it was ok?)

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Got to argue with you dude.

Sorry for quoting this the 3rd, 4th, 5th, or 6th time in this thread but..

“It is unlawful to possess at or near waters a spear, net, or any device

other than angling line that can take fish from February 20–April 30,

2006 and Feb. 19–April 30, 2007. The exception is landing nets used

for angling. “

The law specifically states that it is unlawful to possess near waters edge. UNLAWFUL TO POSSESS! The law says nothing about your intentions but clearly states that it is unlawful to possess. It is written so clearly that possessing a bow & arrow near waters edge is breaking the law.

Good luck arguing that with the prosecutor.

[united jigsticker]

Would it make sense to ban crank baits, spinner baits, snells, etc from the waters edge too until the opener?

Seems logical to me, and I'm being serious.

Had enough of guys casting spinner baits until the warden is in site, and then grabbing the other rig and dropping the flu flu.

[caseymcq]

How close were you to the water's edge when the CO saw you? "Near" is a relative term and that may be something you could argue.

[SomethingFishy*]

Just pay the ticket. Rules are unfortunate for your situation but ultimately clear as day. I have read the regs cover to cover on more than 1 occasion and can't remember everything so I keep a reg book in with my tackle just in case. This was something I was not aware of as I have never spear or bow fished, I have been looking into it so now I know to wait till later in the season.

[ASMOLEY]

Sorry to hear about your trouble with the law Craig In all actuality of the law it reads like this

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It is unlawful to possess a spear, spring gaff, or bow and arrow on or adjacent to any body of water where the spearing and archery season is closed.

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The season opens April 29 for rough fish. I know it sucks but i don't think Jonny Cochran could get you out of this one.

[Scenic]

Where does season open for Rough Fish on April 29th? If you are talking about spearing it is sure not in MN. In all actuality of the law, as quoted several times in this thread, it opens May 1st, 2007.

“• It is unlawful to possess at or near waters a spear, net, or any device other than angling line that can take fish from February 20–April 30, 2006 and Feb. 19–April 30, 2007. The exception is landing nets used for angling. “

[Gus]

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If I read the original post correctly then my reaction is this...since when has it become acceptible to be punished before a crime is committed? A good CO would tell you the regs before you even notched a bow. Whose to say you weren't out to shoot at trees? (or your buddy who said it was ok?)

If I go crappie fishing but I have 4/0 ewg hooks in my tackle box....should I be ticketed for targeting bass? Or if I have some shad raps in the boat am I targeting walleyes?

Honestly think you have a case to get that overturned

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If I go duck hunting on opening day and I begin shooting 2 hours early but I miss every duck I shoot at do I get out of a ticket? I don't think so. But I don't have to leave my guns in the truck. I just can't load it or shoot it (just like you can't bait that 4/0 or cast that shad rap) doing so would be targeting bass or in my example hunting ducks.

[Swimmer]

Since your "buddies" actions surely influenced the CO, you may want to "influence" your buddy to split the ticket.

[Glenn_S]

I was going to stay out of this, but...

The law is clear. I don't think anyone can argue that. If not clear in word, it IS clear with regard to intent.

And for those that are telling you to have your friend pay half...BULL.

It is each person's responsibility to know and follow fish and game regulations. If you listened to your buddy's advise without checking, that is your own fault, not his. It is called personal responsibility.

YOU screwed up, not him. YOU went and got your bow, not him. YOU did not check the regulations, not him. YOU intended to take game, not him. YOU should pay the fine, not him.

Glenn

[dirtking]

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And for those that are telling you to have your friend pay half...BULL.

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I agree w/bass - if your friend said faster, faster and you got a speeding ticket would you ask him to split it? It was your foot on the gas.

[Rost]

Yes, the law is clear and you're probably going to be responsible for paying the fine...

[Scenic]

They are not protecting the Suckers or Carp. Here in the northern part of the state Walleye, Northerns and the rough fish often times all run together. To many Walleye get speared if season was open all the time.

[DEADhead]

Jeff is right on the money.