CITATION!!!

  • Thread starter Mikel Stephens [URL]http://www.zjstech.net/~librar
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Mikel Stephens

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Yes, I got a citation today from a Game Warden. I'm not sure if I offended him or if he was on a rampage...Funny thing is: I did a boat check Yesterday to make sure everything was in order:



Fishing License-Check!

Boat Registration-Check!

License on Trailer-Check

2 PFD's-Check!

Throwable PFD-Check

Horn-Check

Kill Switch-Check

Fire Extinguisher-Check

etc...etc.... anyways, this morning me and two buddies loaded up at 5:30 to get going and realzed that we needed an extra PFD-so we made a special trip back to my buddies house to pick up an extra.

Come to find out-one of my PFD's was not an "Adult", it was sized: "Youth Large"

Since My buddy is short and skinny, it fits him so we have always used it.

BUT NOOOOOO- I get cited for "insufficient # of PFD's" "Adult PFD's" NO WARNING, NO FREE PASSES, NO "Thanks for trying to do everything correct"

This was my first citation of any kind (including traffic) in 13 years!!!

I'm going to ask the judge if I can do community service in lieu of a fine...or deferred adjudication. Any of you guys with legal smarts that may be able to help me avoid this expense-please comment.



I guess it's my fault for now knowing but I'm still a little hacked-off about it.

the citation is in the link below
http://www.zjstech.net/~library/7983/citation.jpg
 
It would have been nice to just get a warning instead of a citation. I have been checked for fishing licenses before, but never an equipment check. I keep two cheesy adult PFDs (those ugly orange ones that no one wants to wear or steal) in my boat in case someone wants to go at the last minute and don't have a PFD.



Bob G.
 
Sounds like he just wanted give someone a ticket. Sometimes no matter what you do they are gonna find something. When i was younger a game warden checked us, the on;y think he could find was our TX numbers were not visible enough. They did not like the silver metal flake number outlined in white and black on a charcol metalflake boat. They where installed by the dealer. Go figure.



Sorry bout the ticket.
 
I think you are right BCMD. BTW, are you still interested in fishing Madisonville? If you have time, call and we'll hit one of the lakes around my neck of the woods...I'll have another PFD by then-and I think I'll replace my #'s on the boat just to be safe!

 
I don't think that it's a matter of "wanting" to give you a ticket.....



There are just so many boaters and fishermen in relation to wardens..... So many violations that NEVER get detected..... So many people who knowingly go out and violate the law.....



I feel that the wardens HAVE to hand out citations on any and all violations they come across..... HOPING that the word gets around that the is NO TOLERANCE for violators.....



And, in the end, if the "no tolerance" stand saves just one life - it will have been well worth it!



me!
 
Good points ME; but in my case...Is my buddy's life going to be saved because he has to wear a pfd that reads "ADULT" ?

I know now that there is a weight rating on the PFD's: Still, he could have handled the situation very differently.

 
I have one word to say on the subject.......QUOTAS.



Well OK more than one word. The only time I have ever had my license checked was in Texas at Lake Fork. Had the complete shake down...PFD's, extengisher, and all. No problem. I figured it was because I was wearing my OU ballcap. LOL But even those guys didn't check to see if my PFD's were adult size or not. Other than that I have never had my license checked. Had a OKC police officer check my city lake permit one time but he had no intrest in my state fishing license. Good thing too because it was expired. I have had my live well checked by game wardens but never a problem there.

Where are those guys when the jet skis are cutting across your bow? Or the obviously overloaded boat load of drunk skiers go flying by?

Harpo
 
Mikel, I agree with you to a point. Now, here's the kicker.... did you do ANYTHING on the water to get his attention? Did you tick off another boater (who called you in)? It's quite possible that you were assumed to be one of the fine lake lice that we all complain about and that yes, he wanted to write YOU a ticket. There's a lake I frequent up here where I watched a park ranger leave one park to go to another because he saw a jet ski out 8 minutes after sundown... no, not DARK, but after sundown. I can almost assure you that the jet ski got at least one ticket. Oh, the ranger... he's a bass fisherman :).



If your buddies were being general asses, or doing anything to make it seem like they would be, yep, they gotcha!



If it was this weekend, the warden probably figured any SANE fisherman would have stayed home and left the amateurs to kill each other (no, I didn't stay home either)...
 
lol...Mike

They were methodically going from craft to craft. I think they were taking advantage of a revenue opportunity. if their minds were on safety we probably would not have been accosted.

No, as always, we were polite to other fishermen, skiers, and party boats...We obeyed the bouys, speed regs...etc. as that is important to me.
 
Well I can understand you not like getting a citation...no one likes to be boarded or cited. The officer was out doing his job you pay him to do. The fact remains you took a chance with a youth PFD for an adult passenger and got caught so pay your fine and stop whining about it.



LT in Georgia
 
Hey LT4247-I'm not gonna stop whining. Thanks for your input though. Didn't realize I was taking a chance on anything. As for doing his job; I got a job for him.
 
Mikel, while I think your situation was borderline and it seems like you are a very safe boater, I don't fault him.



In just a few short days on the lake this weekend, I saw so many "stupid boater tricks" that I will never fault the water cops for handing out as many citations as they can justify. People do dumb things on the water. If the threat of stronger enforcement prevents even one boater from taking a stupid risk, I'm for it.

 
(1) "Quotas" are illegal. Prohibited. Not allowed. And trust me , an employer who tries to work around the outright prohibition finds himself in a FLSA violation. (I always tell people who gave me that line "We USED to have quotas...now they let me write as many as I want). ;^)



(2) The "revenue opportunity". Do you really believe an enforcement officer of any level sees any of that fine? Here in PA, a municipality sees "up to" 50% of the FINE portion of a citation. Typical "fine" is $25; with all the add-ons from the state however, the end total now is up to $104. $12.50 from a $104 cite? And that goes to the municipality/governing body, not the agency itself (and certainly not to me). Boy, if THAT were the case... =^)



Officers (be it Fish/Game, police, or even parking enforcement) have widely varying tolerance levels, and definately varying abilities to utilize discretion. Mikel, sounds like you got one with lower tolerances. I tried to see it, but couldn't find the AMOUNT of the fine? What was it? It's always upsetting to get a cite. How the officer/warden handles the situation can leave a good/bad impression....
 
As right as the Game Warden was (and he WAS right), if I were in the same shoes and received the ticket, I'd be whining too. I whine a lot about those kind of things though.



The fact is, even though the INTENT was there to have the right equipment, you didn't. In addition, if you fight it, the judge will tell you that no one has to prove INTENT to break the law, just that you did... and you did. Pay it, whine about it, then move on... but yes, how much is it?



Look on the bright side... he probably has writer's cramp if he checked any of the lake lice :)
 
in response to: "Mikel, sounds like you got one with lower tolerances. I tried to see it, but couldn't find the AMOUNT of the fine? What was it? It's always upsetting to get a cite. How the officer/warden handles the situation can leave a good/bad impression...."



I'm not sure how much the fine will be yet. My bloodpressure will probably drop a few points by tomorrow as I won't be sooo mad then hopefully...hehe. (At the officer and myself for not knowing the situation)

I'll let you guys know what the amount is when I find out. I lost a big contract at work recently so this really comes at a bad time....darn the luck...at least I KNOW that they will not find any reason to fine me from now on though!!!
 
I was hoping the "Citation" meant a big fish. Oh well, I remember last summer on Buggs Island fishing under a bridge with my kids when the patrol boat went right buy us, came out on the other side and immediately stopped a ski-doo with several people in it. It looks like he gave him a thorough check-out and a ticket. Then the patrol went right by us and continued to 'visit' others on the lake. I think it may have something to do with the boat type.



Still it is no fun to get a ticket.



david....
 
O.K. guys...I don't want to add fuel to the fire but, here goes. I think WE ALL better get used to it. I have a friend that works for TVA and he has been told..."It's time to enforce water laws that have been let slide for years".

So far this year I have been checked twice at Dale Hollow for EVERYTHING and once here in Ohio for fishing lisence only... I don't mind but, since they have dropped the legal limit for booze...you have one beer and your history!

TEE
 
I am probably the only person anyone here has ever known who got caught taking a turkey out of season.....



It all took place about 20 years ago..... I received "tickets" for Taking a turkey out of season in Warren County, Possessing an illegal turkey in Warren County, Transporting an illigal turkey in St. Charles County and Possesing an illegal turkey in St. Louis County.



I applaud the Officers who caught me and wrote me up. Throughout the entire process, they were strict but courteous and fair. One even told me as he left "Don't let this incident spoil your enjoyment of Missouri's outdoors."



Think about it..... Conservation Officers out in the woods know that many, if not most, of the people they encounter will be carrying firearms..........



The Warren County Judge who handled the case was also very strict but fair.



My thoughts: God Bless those who keep our woods and waterways safe!



me!



 
Tuff break, I don't think Texas Wildlife Agents give breaks. I know in louisiana the LDWLF doesn't recieve any proceeds from a citation. Every other governing body does, Sheriff, DA, Clerk, etc. It is probably the same in Texas.



A quota situation probably does not apply for the Wildlife agents. However I wouldn't doubt that the talk amungst themselves usually leads to a comparison of # of tickets issued in a days time. LOL



If you spend enough time on the water you may just end up with one of those little "lake usage fees" to pay. Just don't let it be an intoxication ticket.



Wolf
 
I agree that you were 'unlucky' in this case Mikel...

I've had my PFDs checked many times...only once were they ever questioned...the DNR Officer said that my throwable PFD (a seat cushion) was too old looking...said I should get a new one...but no ticket was issued...



Keep your chin up!



The rest of us should all take a close look at our gear!!!



az
 
A freind of mine got checked at the ramp and ticketed for old pfd's. The DNR officer squeezed them and decided they were no good. My buddy was a cop and fought the ticket, he won but the officer definatly was over the line. I got a ticket for no fire extinguisher in a 14' aluminum boat. The reg's say over 16' but because it had a floor in it I had to have an extinguisher. I whined about it too!



Gene
 
We're ALL right! I guess we better check it twice and then again next year. I HAVE noticed here in Ohio just lately....doesn't seem to be as MANY boneheads on the water doin' stupid stuff! Maybe just a little presence is all ya' need....

TEE
 
I once had a ranger during an inspection tell me that a PFD looked faded and might not be effective. I put it on my wife and threw her overboard. She floated....mostly. No citation.



 
Bad.....but, FUNNY he he

I was told I need a new boat for my wife...WOW what a trade!

TEE
 
Wasn't the "floatation test" once used as a test for witches!





(Sorry, Mrs. Terry!)

:^)
 
I talked with the Judges office today. Evidently the Game Warden and the Judge had a conversation about me already.

They dropped my fine to court costs plus $25 for a total of $82.

I think she said it was regularly $57 for C.C. + $125 for the fine normally.

The lady was really nice and I can sure live with the $82 so I guess there is a happy ending after all.

 
Yeeeouch! $125 normally! Phwew! Guess it's true what they say, "Everything's bigger in Texas!" Glad to hear you got a break - even if the "lesson" still cost you $82. I think many of us took a double-look at our own gear Mikel. Thanks! ;^)
 
Mikel, I think you got hosed. If the PDF fit your diminutive friend that should be good enough. That would be better than having an extra-large that would be more approprate for someone 6'2" and 300# that he might slip through the bottom.

My 13 year old son is just about the only other person that goes with me and we always have his PDF with us. Should I carry an adult size jacket for someone that will never get on the boat?

Harpo
 

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