How Can I Prove My Innocence Regarding a Fishing Citation?

April 23, 2015

Question: If I am cited by a wildlife officer for a short fish or an overlimit of crustaceans but believe I am innocent, how can I prove it? Do I have to go to court at my own expense to prove my innocence? (Dustan B.)

Answer: If you believe that you are innocent of the violation(s) you were charged with, then yes, you need to appear in court on the date listed on the citation. You will then have the opportunity to enter a plea of guilty, no contest or not guilty. If you enter a plea of not guilty, you will have your opportunity to explain your side of the story to the judge.

By then, your short fish, will be even shorter!! 

Good luck in court. The wardens take pictures.

Seems to me either the fish is short or not, or you are overlimit or not....

Not really a lot of grey area...

Sincerely,

Jim

The fish probably shrunk. I think this is probably the same dude that keeps having his Halibut shrink 2" after he gets to dock.

The only time I've seen a DFG ticket contested was a buddy on Deer Creek for fishing within 250' of a fish ladder back in 1992. The judge went out with him and the warden with a surveyer's chain and measured - 247'.

He paid up.

The fish probably shrunk. I think this is probably the same dude that keeps having his Halibut shrink 2" after he gets to dock.

The name sounds familiar......

Sincerely,

Jim

The fish probably shrunk. I think this is probably the same dude that keeps having his Halibut shrink 2" after he gets to dock.

No way a halibut will shrink 2". He needs to learn how to measure a fish properly.

I was joking, I know it doesn't shrink. I forgot to add an emoticon! 

The only time I've seen a DFG ticket contested was a buddy on Deer Creek for fishing within 250' of a fish ladder back in 1992. The judge went out with him and the warden with a surveyer's chain and measured - 247'.

He paid up.

can u sayyyy...maximum fine! 

The only time I've seen a DFG ticket contested was a buddy on Deer Creek for fishing within 250' of a fish ladder back in 1992. The judge went out with him and the warden with a surveyer's chain and measured - 247'.

He paid up.

That musta  been one bored warden. "Hey buddy,  just a heads up, you are pretty close here.  Might wanna scoot over a few feet " would have been just fine. 

Re: the original post. Here is my advice.  Plead not guilty by reason of stupidity.  It is not a valid defense strategy in California (tho I would argue that) but the judge may get a kick out of it and cut you a break.   

I have had game wardens who did not know the regs, especially recent changes. So if I were ticketed for having 3 lings I would contest.

I have had game wardens who did not know the regs, especially recent changes. So if I were ticketed for having 3 lings I would contest.

Good point.

 

Sincerely,

Jim

Must you prove innocence?  Shouldn't the state carry the burden and you get to chillax during the Man's case in chief, then rebut if needed?