Ticket for not attending pole.

Andy

that's a ridiculous fine. By fighting it you will most certainly get it reduced. Maybe get off, but unlikely. Remember the state needs money and they will certainly get something for their time.

If you want a character reference i can attest, you are one.

Good luck

stoggie

Fight it for sure.

I don't think they realize how hard it is to stay awake after a belly full of fryed carnitas. I say bring the fry master in and show the judge! Fight it brother!

Oh, btw, I got off on my ticket 

maybe so...but did ya win?????? 

Fight it!!!!!!!!!

You are entitled to your day in court, and because you are innocent until proven guilty, you are entitled to confront witnesses, and are entitled to put the people to their proof. 

What I would do, mostly because I am a giant pain in the ass, but note that this really isn't my area of knowledge-

1.  Plead not guilty.  Get trial date.
2.  Send an informal discovery request to the prosecutor.  Request anything and everything you can think of.  Also declare your witnesses that will testify and evidence that you intend to offer into evidence, or state that there are none.  Google informal discovery request - it will come up with all kinds of traffic related requests, just modify it for your needs.
3.  Show up at court at the appointed date and time.
4.  The prosecution goes first.  Don't allow the witnesses to give a narrative.  Make the prosecutor do question/answer.  Object to hearsay (a statement, made out of court, offered for the truth of the statement).  Object to photographs, writings, videos, etc. for hearsay and lack of foundation.  Cross-examine witnesses.  Ask about distances, number of other anglers observed, number of rods observed, how much activity was going on at the time in the general area, other anglers that received tickets that day, identity of witnesses interviewed in relation to your ticket, etc. (you should know all of the answers already from your discovery request - if you don't get an answer to the request, we can talk about that too).
5.  At the conclusion of the prosecutor's case, move for a verdict of not guilty based upon failure of the people to carry their burden of proof.
6.  If you get this far, you are pretty much hosed.  You can testify and give a narrative of what happened.  You will then be subject to cross-examination.  Just tell the truth.  You can call other witnesses as well.  Beg for mercy.

Does anyone know if the warden has to attend if he takes it court? If so, you might get lucky and the warden doesn't show; case dismissed. If he does show, fight for at least a reduced fine.

Andy good luck on this one.  I agree with Ben and PK.  Show up be respectful and tell the truth.  Maybe bring a printout of the dfg rule book and ask him to find that law in the book...bethca he won't be able to.

Might e cause I'm not much of a freshwater guy, but I've never seen that rule, or even heard it discussed.

What, your son has to touch the rod?  Or does he have to have cast it himself??

what's next, no naps allowed?  We would lose 90% of our angling community.LOL

Allen

The guy that gave you the ticket is named todd tognazzini - he attended the MLPA meeting and is on the 2XA side.  He is mentioned in the sac bee article (link below) and states that DFG let a CHP officer and a State Park Superintendent off with a warning in Morro Bay.  The CHP officer was fishing in a restricted area w/o a license, the super was just in a restricted area.  How does your minor infraction compare?  why did they get special treatment?  why shouldn't you get a warning?

http://www.norcalkayakanglers.com/index.php/topic,19671.0.html

The guy that gave you the ticket is named todd tognazzini - he attended the MLPA meeting and is on the 2XA side.  He is mentioned in the sac bee article (link below) and states that DFG let a CHP officer and a State Park Superintendent off with a warning in Morro Bay.  The CHP officer was fishing in a restricted area w/o a license, the super was just in a restricted area.  How does your minor infraction compare?  why did they get special treatment?  why shouldn't you get a warning?

http://www.norcalkayakanglers.com/index.php/topic,19671.0.html

Jai Boi print that out andy i would fight it too there just trying to rape u cus the economy is so bad so if you let them they will i will go to court and just spill out the truth u a good citizen you pay ur taxes f***k that shit is redonkulous

Keo

Dude,

What JK said X10!!!!  That is BS.

No need to stretch the truth.  I think you said before you admitted it was your rod when he woke you up.

I'd tell the judge what JK pointed out, and the fact that you had a bell on your rod to alert you when you had a fish on.

Lazy catfishing is not a crime, as far as I know.  But technically your rod was unattended so be prepared to suck it up.

Sorry, Andy...  that is total bs, imo.

This charge only has a fine, no jail time, so it will be a court trail with no DA. It will be the Warden, you, any witnesses, and the Judge. The Warden will go first, then you will have the opportunity to ask him questions (cross examine). After that, you can make a statement (give your side). The actual fine for the charge is likely quite small, it's the associated court costs that really increase the fine (bail).

On your first court date, you will have the opportunity to plead guilty, not guilty, guilty with an explanation, no contest (same as guilty), or not guilty. If you plead not guilty, they will set up another date for the court trail. You will likely be there on the same day as all of the traffic court trials. You could even show up at your court trail date and find out that the Warden was unavailable that day, so they will set up another date. It can really drag out.

And no matter what others have said, just because the State is in a budget crisis, they aren't looking to stick it to Joe public.

Good luck.

man that is rough !!  how close does a guy have to be to his rod to be considered attending ? i will modify this law after the revolution. we will all be free to nap and fish our days away.

Any update?

Andy is in Idaho til next week....surprised he's allowed to cross state lines hahaha!

man that is rough !!  how close does a guy have to be to his rod to be considered attending ?

Seriously.  I'm sure the intent of the law was to deter juglines, trotlines, and the like.  Not to nab dudes suffering from food coma.

What about all those guys surffishing a sand spike, who have backed away from the rod and are chilling in a chair?  I almost feel like spiking a rod, and taking a nap up the hill, just to test the law.  Almost.