Welcome, Guest. Please login or register.
November 13, 2024, 02:51:43 PM

Login with username, password and session length

Recent Topics

[Today at 02:47:09 PM]

[Today at 02:20:01 PM]

[Today at 02:07:16 PM]

[Today at 01:14:24 PM]

[Today at 12:36:01 PM]

[Today at 11:21:46 AM]

[Today at 10:23:45 AM]

[Today at 09:04:55 AM]

[Today at 08:12:06 AM]

[November 12, 2024, 08:26:13 PM]

[November 12, 2024, 05:13:39 PM]

[November 12, 2024, 02:13:17 PM]

[November 12, 2024, 10:50:39 AM]

[November 12, 2024, 09:17:01 AM]

[November 11, 2024, 09:30:36 PM]

[November 11, 2024, 08:52:19 PM]

[November 11, 2024, 05:26:43 PM]

[November 11, 2024, 04:25:09 PM]

[November 11, 2024, 12:38:04 PM]

[November 11, 2024, 10:25:23 AM]

[November 11, 2024, 08:29:18 AM]

[November 10, 2024, 08:02:56 PM]

[November 09, 2024, 02:35:48 PM]

[November 09, 2024, 02:24:10 PM]

Support NCKA

Support the site by making a donation.

Topic: Got a ticket for fishing without a license, but I have a license...  (Read 2067 times)

0 Members and 1 Guest are viewing this topic.

NowhereMan

  • Manatee
  • *****
  • 44.5"/38.5#
  • View Profile YouTube Channel
  • Location: Lexington Hills (Santa Clara County)
  • Date Registered: Aug 2011
  • Posts: 11786
In July, I was fishing on my AI in Santa Cruz, and the DFG guys came by. Embarrassingly, I could not get my fishing license up on my phone (forgot my password, wet fingers, etc., etc.). Anyways, they wrote me a citation and said it's easy to get it dismissed (except for $25), if I actually have a license. Of course, I was able to get my license up on my phone a couple minutes after they left, which was no use.

I tried calling SC county court shortly after, but they had no info on the ticket. Today, I finally got a letter from them, and the fine is $485. The original citation does not have the "Y" or "N" box checked by the "correctable" option (that is, neither box is checked, which seems weird), and the person at the court said that means it's not correctable (which seems questionable). So, as I understand it, the options are to plead guilty/no contest and beg them to reduce the fine, or request a date to dispute it. Neither option seems that great to me. In any case, I'm just wondering if anybody has any experience with this and/or any recommendation.
You wear a disguise to look like human guys
But you're not a man, you're a Chicken Boo


Dale L

  • Sea Lion
  • ****
  • View Profile
  • Location: Livermore
  • Date Registered: Dec 2005
  • Posts: 4948
Get a court date and explain it to the judge. Not so much dispute it but explain what the warden said. Then hope for the best. IMO the last thing you want is to plead out and have it on your record.

One time due to a senior moment my buddy and I forgot to tag our abs. So we got tickets, wardens were actually apologetic after they ascertained we did just forget but said they couldn't let it slide, they even let us keep the abs. I believe we had to appear so the court date was automatically set. The cases that day were mixed some criminal and some DFG ones. The judge listened to each person and a couple DFG cases were dropped. In our case the deal was if we donated $250 to Sonoma County Abalone Network (SCAN) the charges would be dropped, like it never happened. So we did and I checked a few months later and our records were 100% clean

Here's the biggie, as each person came before him he asked the clerk if this was their first offense. You want that thing off your record if you can.


AlsHobieOutback

  • - = Proud Member of Team A-HULLS! = -
  • Administrator
  • *****
  • "I love it when a plan comes together!"
  • View Profile
  • Location: "In the Redwoods!" AKA: Boulder Creek, CA
  • Date Registered: Apr 2007
  • Posts: 14403
Dang, that's a terrible situation.  I thought they could look up your ID based on your CDL at this point, and that they would be able to confirm themselves. In the past I dealt with Traffic Court violations by asking for a date, then writing a letter to the judge to state my case.  You might be able to do this, provide proof you were licensed, and that you had the best intentions under the new regulations. 
"A ship in harbor is safe, but that is not what ships are built for."

 IG: alshobie


NowhereMan

  • Manatee
  • *****
  • 44.5"/38.5#
  • View Profile YouTube Channel
  • Location: Lexington Hills (Santa Clara County)
  • Date Registered: Aug 2011
  • Posts: 11786
IMO the last thing you want is to plead out and have it on your record.

That's what I was thinking too, but when I called the court, the person there was really pushing this option as the easy way out (maybe for them, not me ha ha!)

It really seems like it ought to be "correctable", as that would just entail showing my license and getting some officer to sign off on it, and paying $25. It seems to me that this is what the DFG guys who gave me the ticket were thinking of, as they mentioned that if I actually had a license, it should only be $25...
« Last Edit: August 28, 2024, 04:42:59 PM by NowhereMan »
You wear a disguise to look like human guys
But you're not a man, you're a Chicken Boo


NowhereMan

  • Manatee
  • *****
  • 44.5"/38.5#
  • View Profile YouTube Channel
  • Location: Lexington Hills (Santa Clara County)
  • Date Registered: Aug 2011
  • Posts: 11786
In the past I dealt with Traffic Court violations by asking for a date, then writing a letter to the judge to state my case.  You might be able to do this, provide proof you were licensed, and that you had the best intentions under the new regulations.

In the past, I challenged a traffic violation using "trial by written declaration" and won that. I thought that was a reasonable approach that saved everybody time, but it's only allowed for moving violations...
You wear a disguise to look like human guys
But you're not a man, you're a Chicken Boo


SpeedyStein

  • Sea Lion
  • ****
  • View Profile
  • Location: Concord
  • Date Registered: Sep 2020
  • Posts: 1709
Dang, what a crap situation.  Sounds like the DFG guys did you dirty by not giving you a minute to dry your hands and phone off. 

I'm with you - take it court.  If they are gonna allow digital licenses, they should also be prepared to give folks a few minutes to pull it up. 

What happens if you are fully digital, but your phone battery dies on the water?
- Kevin


bdon

  • Salmon
  • ***
  • View Profile
  • Location: San Francisco
  • Date Registered: Jun 2016
  • Posts: 323

What happens if you are fully digital, but your phone battery dies on the water?

I actually had no idea about this app, but just downloaded it.

It says on the website:

Quote
However, if you do not possess your physical license and are not able to display your license via the app for any reason (e.g., dead device battery, broken/malfunctioning screen, etc.) while engaged in activities requiring the license, you will be in violation of Fish and Game Code Section 1054.2(opens in new tab) (applicable to hunting and sport fishing licenses) and 7145(a)(opens in new tab) (applicable to sport fishing licenses).


&

  • Sea Lion
  • ****
  • View Profile
  • Date Registered: Mar 2005
  • Posts: 6528
I will neither confirm nor deny ever having been issued a DFG ticket.  However, I'll Matlock you in court if you really are finna roll.

"Your honor, his fingers was wet, therefore you must acquet."


hightide

  • Sea Lion
  • ****
  • View Profile
  • Location: Benicia
  • Date Registered: Apr 2007
  • Posts: 4211
I did the CFW app way back and just did a face recognition to log in.
Tried logging in today with it after seeing your post and it still works.

ALLAN

2020 Hobie Revo 13
OK T15
Owned 2015 Hobie AI
Owned Scupper Pro TW


Live, Love, Launch!


fishbushing

  • Sea Lion
  • ****
  • View Profile
  • Location: San Jose
  • Date Registered: Oct 2018
  • Posts: 3195
I always carry my fishing license in my wallet for this reason.

Hope you can get it dismissed with a quick hearing.
-Jason


mako1

  • Sea Lion
  • ****
  • View Profile
  • Location: Willits
  • Date Registered: Jul 2005
  • Posts: 3063
I was once out fishing at Russian Gulch. I had fish in the sack and a warden pulls up and asks the usual questions. I confidently comply and then realize that I left my license back in my truck. The warden checks my fish sack and then offers to meet me back on the beach so that I can show him my license. I went straight in and after a bit he comes rolling up in his truck. He glances at it and says "Have a nice day" and drives off. 
That was a good guy.
If you don't know where you're headed, any road could get you there.


Duckguy

  • Salmon
  • ***
  • View Profile
  • Location: Anchor Bay
  • Date Registered: Nov 2014
  • Posts: 633
Go in and show that you had a valid license at the time of the citation. It will likely be dismissed. Vehicle code violations for driving without a license in possession are automatically dismissed the first couple of times if it can be shown a valid license was in effect at the time. They should do the same for fishing licenses.
Warning! Retiree; Knows it all and has plenty of time to tell you about it.

Santa Cruz Kayaks Raptor G2


Ebayfisher

  • Salmon
  • ***
  • View Profile
  • Location: Berkeley, CA
  • Date Registered: Mar 2018
  • Posts: 425
Looks like the violation occurred in the Bay Delta Region.  Here is the regional office Phone # and location.   https://wildlife.ca.gov/Regions/3


 Good luck.  Thats a lot of dough which could be better used for bait, tackle, gas, etc. :)


Fuzzy Tom

  • Sea Lion
  • ****
  • View Profile
  • Location: Ex Santa Cruz/Reno
  • Date Registered: Jul 2005
  • Posts: 1741






From CA Fish and Game [Still called that!]Code.  See subdivision (b):
12002.2.  (a) Notwithstanding any other provision of law, a violation of Section 7145 or of a regulation requiring a license to be displayed is an infraction, punishable by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) for a first offense. If a person is convicted of a violation of Section 7145 or of a regulation requiring a license to be displayed within five years of a separate offense resulting in a conviction of a violation of Section 7145 or of a regulation requiring a license to be displayed, that person shall be punished by a fine of not less than two hundred fifty dollars ($250) or more than one thousand dollars ($1,000).
(b) If a person is convicted of a violation of Section 7145 or of a regulation requiring a license to be displayed and produces in court a license issued pursuant to Section 7145 and valid at the time of the person’s arrest, and if the taking was otherwise lawful with respect to season, limit, time, and area, the court may reduce the fine imposed for the violation of Section 7145 or of the regulation requiring a license to be displayed to twenty-five dollars ($25).
(c) If a person is charged with a violation of Section 7145 or of a regulation requiring a license to be displayed, and produces in court a lifetime sport fishing license issued in his or her name pursuant to Section 7149.2, and if the taking was otherwise lawful, in terms of season, limit, time, and area, the court may dismiss the charge.
(d) A person shall not be charged or convicted for both a violation of Section 7145 and a regulation requiring a license to be displayed for the same act.
(Amended by Stats. 2017, Ch. 26, Sec. 33. (SB 92) Effective June 27, 2017.


NowhereMan

  • Manatee
  • *****
  • 44.5"/38.5#
  • View Profile YouTube Channel
  • Location: Lexington Hills (Santa Clara County)
  • Date Registered: Aug 2011
  • Posts: 11786
From CA Fish and Game [Still called that!]Code.  See subdivision (b):
12002.2.  (a) Notwithstanding any other provision of law, a violation of Section 7145 or of a regulation requiring a license to be displayed is an infraction, punishable by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) for a first offense. If a person is convicted of a violation of Section 7145 or of a regulation requiring a license to be displayed within five years of a separate offense resulting in a conviction of a violation of Section 7145 or of a regulation requiring a license to be displayed, that person shall be punished by a fine of not less than two hundred fifty dollars ($250) or more than one thousand dollars ($1,000).
(b) If a person is convicted of a violation of Section 7145 or of a regulation requiring a license to be displayed and produces in court a license issued pursuant to Section 7145 and valid at the time of the person’s arrest, and if the taking was otherwise lawful with respect to season, limit, time, and area, the court may reduce the fine imposed for the violation of Section 7145 or of the regulation requiring a license to be displayed to twenty-five dollars ($25).
(c) If a person is charged with a violation of Section 7145 or of a regulation requiring a license to be displayed, and produces in court a lifetime sport fishing license issued in his or her name pursuant to Section 7149.2, and if the taking was otherwise lawful, in terms of season, limit, time, and area, the court may dismiss the charge.
(d) A person shall not be charged or convicted for both a violation of Section 7145 and a regulation requiring a license to be displayed for the same act.
(Amended by Stats. 2017, Ch. 26, Sec. 33. (SB 92) Effective June 27, 2017.

That looks promising. I wish I had a lifetime license...
You wear a disguise to look like human guys
But you're not a man, you're a Chicken Boo