Got ticketed for fishing w/o a license.... except I wasn't fishing...

[CountryBoy19]

Should I defend it in court?

Details:
This weekend we were camping with my wife's family at Salamonie.

My autistic BIL LOVES to fish; I guess that's just his little "safe place".

Anyways, he recently found out that his wife is expecting their first baby (not planned) and he is worried sick about it. He is worried that his job isn't enough to support a baby, he doesn't have health insurance, and most of all he is worried that he won't be a good father. I've been trying to reassure him that it will all be ok and that family will help them out if they need it etc. He is worried so much that he had a big outburst at our last family gathering, that was right after they found out.

So he was heading out fishing Saturday and I offered to go along just to talk to him; make sure he has a place to unload his cares and concerns in private. Let me preface the rest of this by stating that I absolutely HATE fishing, it's so bloody boring. I haven't gone fishing since before I was in my teens and everybody knows how much I hate fishing. I wouldn't go fishing if somebody paid me to do it, but I went with him so he could unload his cares and concerns and we could just have some good conversation etc.

Well, there we were sitting along the shore of Salamonie talking and he was fishing. He switched to a different fishing pole and so I picked up the pole he just put down. I was goofing around with it, tapping the lure on the log in front of me, messing with the reel etc, but NOT fishing.

Then the CO comes up, my BIL looks at me and says, "You should probably put that pole down just in case he thinks you're fishing". So I did that, but it was too late. CO came up and asked for our fishing licenses. I tried to explain to the CO the situation without completely embarrassing my BIL about the true reasons I came along (he is extremely sensitive). Either he didn't buy what I was saying, or he just didn't care and he was going to ticket me anyways.

I received a citation for $135, ouch

So now, the question is, just pay the fine and let "them" win, or defend it in court.

Oh, a little tid-bit of info that may make a difference. Salamonie is about 2 1/2 hours from my house so I'd have to drive there unless I can get a court date that coincides with a time that I'm going that way to visit family.

I added a poll just to help keep an eye what people think I should do, but what I really want is advice from others.

 

[gunman41mag]

For $135 I would fight, FIGHT IT IN COURT

 

[Bunnykid68]

I would personally defend it regardless. Your options are either get a license and show up in court and maybe they wave the fine, but if you are going to court you might as well explain to the judge what happened. Not sure what else you can do.

 

[Fargo]

Here is what I would do:

1. Call the local prosecutor's office and try to talk to whoever has the court you were cited into. Get a signed affadavit from your BIL that he/she can look at if they want. Tell BIL to avoid making it a rant bashing cops/prosecutors/judges. See if he/she will work with you.

2. If that fails, call the court and see if they will enter a denial for you either over the phone or via mail. If not, you probably have to go in and plead not guilty and then you will get another date for trial. Since you live a ways away, that would suck.

3. If they will let you deny not in person, ask them if there are any available trial dates that coincide with you being there. Be very nice to the court staff you talk to; they can make life very nice for you or make it very difficult. They deal with tons of angry jerks a day; a little politeness can get you a long way.

3. Make sure you BIL can come and testify you never had a line in the water. If he can't; there probably isn't a high probability of winning at trial unless the officer no shows.

Not legal advice, just my personal way of dealing with such things.

Best,

Joe

 

[jblomenberg16]

Sorry dude, but I think you'd be fighitng a lose-lose battle there if you fight it. It will be your word against his, and how can you prove with evidence that you were not fishing.

Short of actually having a lure in the water at the time, the CO did see you with a rod and reel in your hand, sitting next to another individual who was fishing. Yes, it is circumstantial at best, but not sure what you can say or do to refute it.

If you drag your BIL into it as a witness, etc. that is going to make him even that more upset about the situtation, and probably further add to his concerns about his present situation.

 

[MinuteMan47]

That sucks, but if you were walking through the woods with a shotgun it would be kind of hard to tell the CO you weren't hunting...

You would still need a hunting license if you were just sitting in a stand with a shotgun.

Just like sitting by the lake with a pole. Sounds like you went fishing, you just may not have been fishing.

 

[patience0830]

tough situation

At the price of gas I'd just pay it and write it off as stupid tax. I won't go anywhere near a state impoundment w/o a license. Thats just easy money for DNR. I understand the want to be vindicated but it's a long shot and sometimes discretion is the better part of valor.

 

[jmiller676]

Sorry dude, but I think you'd be fighitng a lose-lose battle there if you fight it. It will be your word against his, and how can you prove with evidence that you were not fishing.

Short of actually having a lure in the water at the time, the CO did see you with a rod and reel in your hand, sitting next to another individual who was fishing. Yes, it is circumstantial at best, but not sure what you can say or do to refute it.

If you drag your BIL into it as a witness, etc. that is going to make him even that more upset about the situtation, and probably further add to his concerns about his present situation.

Gotta agree. From the CO's point, you were in fact fishing and would've looked like that to anyone even though you weren't. Kinda hard to argue you weren't fishing when you were holding the pole while standing on the shore. If the lure wasn't actually loose and you had it hooked up is the only way I see you getting by with this.

 

[Bunnykid68]

I think Fargo is on the right track. Call the prosecutors office or whoever you need to call. Ask them if you get your fishing license and mail it in to them if that would be good enough. Cannot hurt to ask.

 

[shooter1054]

ask yourself this: how much time is it going to take to fight this? How much is my time worth if I win? How much is my time worth if I lose?
5 hours on the road per trip, at least 1 more hour in the courthouse probobly more, and the stress involved with all of this....personally I would come up with the $135. Do whats best for you.

 

[eatsnopaste]

ask yourself this: how much time is it going to take to fight this? How much is my time worth if I win? How much is my time worth if I lose?
5 hours on the road per trip, at least 1 more hour in the courthouse probobly more, and the stress involved with all of this....personally I would come up with the $135. Do whats best for you.

THIS...plus, you were fishing!

 

[Fishersjohn48]

Similiar situation happened to me years ago. I was a kid fishing with my cheapy Zebco and got snagged on something and my mom took the pole to pull it off the snag. The CO saw her take it and wrote her a citation. In those days I'm sure the fine was less but still a bummer. The point being that although she was not trying to catch fish, she was still "fishing" in the eyes of the those in charge. Is it right? I don't think so but my thoughts don't matter.

You might check to see what they would do if you did buy a license and gave proof to that effect. Can't hurt to try. Good luck and tell your brother in law that everybody has doubts about being a good dad. It sounds like he has his life together the best he can and is working hard to make things work. That's about all any of us can ask for.

 

[Dirtebiker]

I voted to fight, no matter what, but if I had to drive 2 hours each way, at least two trips, don't know if it would be worth it. Good suggestion above, see what you can do over the phone( most likely, not much!).probably just pay the fine and next time, don't touch the rod, and tell the ranger to get f****d!!!
By the way, what kind of " country boy" doesn't fish??? I smell an imposter! Lol

 

[Scutter01]

I think you should fight it, but like the others have said, it's probably a lost cause. You had a pole in your hand and you were sitting on the bank with another person who was fishing. If the DNR let everyone off who said "Honest, officer, I was just holding it for someone else!", they'd have no way to enforce the rules. Just like we tell people about going to shoot at a DNR range: It doesn't matter if you're there with someone else. You're still supposed to have a license if you're going to hold the gun (at least until July 1 )

 

[IndyMedic]

as said before tough situation. But I would say if you can get a court date that coincides with a visit and your BIL can be there as a wittiness then it would be worth fighting. Otherwise I think you are going to end up spending a lot of money in travel and court cost.

 

[hountzmj]

You were fishing. End of story.

If I'm a CO and I see you in the woods during hunting season with a weapon... you're hunting. Same deal.

 

[rimfire_crazed]

You were fishing. Pay the fine.

 

[sloughfoot]

There were two rods and two people, therefore you were fishing. Pay the fine and learn the lesson.

Even charter boat captains that never leave the wheel house have to have a fishing license.

 

[LCP]

The CO may have been watching and most likely have video of you playing with the equipment, and maybe another witness.
I would pay it.

 

[Mike H]

If you fight it......Good luck proving your case. Looks to me like the deck is stacked.