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Old 10-08-2013, 10:43 AM   #61
alanSB
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Re: dfg 2011 fishing license BS

No fine attached.. dont know how much it is yet.. been about two weeks already. Would you think the judge will drop it to a infraction or something less?
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Old 10-08-2013, 11:09 AM   #62
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Re: dfg 2011 fishing license BS

I disagree that a judge will necessarily find against you. The spirit and intent of the law is obvious. It was written to allow DFG to cite people for carrying someone else's license with the intent to pass it off as your own. That's why it's in the section about fraud, false information, etc. It was not written to penalize people for holding someone else's stuff. For example, if you and I both leave our licenses in my car while we're out diving, I am legally in possession of your license. Is that a violation? If we stick both our licenses in my backpack while we hike into a dive spot, I am in possession. But that's not the intent of the law, and even if it would be very unlikely to hold up to any serious legal challenge.

Having just said that, if the fine is small, it's probably worth just sucking it up and paying.



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No fine attached.. dont know how much it is yet.. been about two weeks already. Would you think the judge will drop it to a infraction or something less?
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Old 10-08-2013, 11:16 AM   #63
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Re: dfg 2011 fishing license BS

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No fine attached.. dont know how much it is yet.. been about two weeks already. Would you think the judge will drop it to a infraction or something less?
What county did this happen in?
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Old 10-08-2013, 11:17 AM   #64
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Re: dfg 2011 fishing license BS

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Originally Posted by arice View Post
I disagree that a judge will necessarily find against you. The spirit and intent of the law is obvious. It was written to allow DFG to cite people for carrying someone else's license with the intent to pass it off as your own. That's why it's in the section about fraud, false information, etc. It was not written to penalize people for holding someone else's stuff. For example, if you and I both leave our licenses in my car while we're out diving, I am legally in possession of your license. Is that a violation? If we stick both our licenses in my backpack while we hike into a dive spot, I am in possession. But that's not the intent of the law, and even if it would be very unlikely to hold up to any serious legal challenge.

Having just said that, if the fine is small, it's probably worth just sucking it up and paying.
It's a misdemeanor so it kinda a big deal
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Old 10-08-2013, 11:43 AM   #65
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Re: dfg 2011 fishing license BS

San diego, so cal. Yes this is a big deal. I was looking it up n it can be 800 $
But that is a bit excessive. But then again you are correct that the judge or warden does not care what story I have for it is their duty to cite people. Should I go to DFW n talk to em bout it n try paying it on the spot at their office?
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Old 10-08-2013, 11:48 AM   #66
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Re: dfg 2011 fishing license BS

The idea behi e this law is prevent other peoe from "sharing" their lic. If you talk to whom ever needs to he talked to and explain the situation you have a good chance of this just getting dismissed.

My advice to everyone... fight every ticket you get unless you really know you screwed the pooch and got caught.
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Old 10-08-2013, 01:33 PM   #67
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Re: dfg 2011 fishing license BS

Just went to the field office in Santa Barbara and spoke with Tom who gave me information to contact the actual wardens. Spoke with DFG Warden Jason and he was very helpful n thorough ( no he did not gice me any legal advice, its illegal!). Unfortunately, it is up to the court noe and all a waiting game to recieve something in the mail.
Hopefully its not a huge fine.
Thank you all again who contributed. SB is a great place. Cheers!
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Old 10-08-2013, 01:36 PM   #68
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Re: dfg 2011 fishing license BS

Try to talk to as many people as you can before your court date, it'll take probably close to 2 months to get it. The judge most likey won't hear you talk if you plead guilty you'll pay the fine if not guilty you can fight it which sounds like you could win considering you had a valid liscense for yourself and it was a joint container they were kept in
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Old 10-08-2013, 01:37 PM   #69
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Re: dfg 2011 fishing license BS

If it got put down as a misdemeanor you won't get any fine in the mail. You'll get a court date
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Old 10-08-2013, 01:41 PM   #70
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Re: dfg 2011 fishing license BS

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Originally Posted by Jolinedaniel View Post
Try to talk to as many people as you can before your court date, it'll take probably close to 2 months to get it. The judge most likey won't hear you talk if you plead guilty you'll pay the fine if not guilty you can fight it which sounds like you could win considering you had a valid liscense for yourself and it was a joint container they were kept in
Second this. Don't just plead guilty and pay the fine. Go to court and talk to the judge. At best, the ticket will get cancelled and you won't have to pay anything. At worst, the judge will be asinine about the law and you'll be stuck with the misdemeanor that you already have. Just make sure you explain the situation. You weren't using your cousins license to fish, (show proof that you have your own license). You and your cousin just always keep the licenses in the same pouch.
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Old 10-08-2013, 02:14 PM   #71
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Re: dfg 2011 fishing license BS

Please fight this ticket, this honestly sounds like the most ridiculous citation I've ever heard of.
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Old 10-08-2013, 02:54 PM   #72
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Re: dfg 2011 fishing license BS

Most if not all F&W citations are misdemeanors it is possable the citation will be lowered to an infraction and heard in traffic court. Happens in Nor Cal often. Most likley you will have to appear one day to inform the judge of your plea, The judge decides if there is any reason to dismiss the citation (technical somthing the officer did wrong obviously). If not a second date will be set for trial. You are not given much opertunity to say anything other than guilty, no contest or not guilty. At this point the judge may reduce the fine or set up a payment schedule for you.

I would suggest you bring the person who's license you had with you so he can explain why you had his license. It would help to make you look less like a poacher.
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Old 10-08-2013, 03:43 PM   #73
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Re: dfg 2011 fishing license BS

How would I talk to the judge before my court date? I tried calling the number on the ticket and it says "for reasons not in our power, we are unable to take your call"

happens every time.
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Old 10-08-2013, 10:12 PM   #74
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Re: dfg 2011 fishing license BS

You have two choices:

1) Bend over and take it and allow our rights to be pissed on even more.

2) Hire a lawyer to defend you and go to court with you.

Advice given on the internet is worth exactly what you paid for it. A misdemeanor is not a joke, it may prohibit you from getting employment in the future, etc. You need professional legal advice.
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Old 10-08-2013, 11:25 PM   #75
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Re: dfg 2011 fishing license BS

Quote:
Originally Posted by arice View Post
I disagree that a judge will necessarily find against you. The spirit and intent of the law is obvious. It was written to allow DFG to cite people for carrying someone else's license with the intent to pass it off as your own. That's why it's in the section about fraud, false information, etc. It was not written to penalize people for holding someone else's stuff. For example, if you and I both leave our licenses in my car while we're out diving, I am legally in possession of your license. Is that a violation? If we stick both our licenses in my backpack while we hike into a dive spot, I am in possession. But that's not the intent of the law, and even if it would be very unlikely to hold up to any serious legal challenge.

Having just said that, if the fine is small, it's probably worth just sucking it up and paying.
Quote:
Originally Posted by "Yard-Sale Josh" View Post
Please fight this ticket, this honestly sounds like the most ridiculous citation I've ever heard of.
Arice focuses on the meat of the situation perfectly.
I side with Kyle; please take a stand on this one. At the very least, push to get this down from a misdemeanor to an infraction.
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