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Da@# Gamewarden!

Started by cmiller51h, March 13, 2007, 23:04:16 PM

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cmiller51h

On Sunday, six or seven of us went horseback riding up near Wilkesboro. We rode up a private trail and came across the riges of several mountains. I guess we rode about 5 hours or so. When we came out and got back to the trailers, low and behold, the local gamewarden comes pulling in behind us. He talks with us some and then wants to see everybody's driver's license. Gives us all a ticket for riding on the gamelands. Not a sign to say no riding gamelands until after 16 May, nothin, zip, noda. When asked where this is posted, well it's in the game reg fr NC. $150.00 ticket for doing something that is not posted anywhere other than the hunting regulations. The area is full of horses. I know of 5 horse farms in that valley alone.If they dont want horse's in there before a certain date they need to post it! It's like taking down all of the speed limit signs and writting you a ticket for speeding! They got us for $750.00 all together. Pretty damn steep! We were'nt hunting, did'nt have a firearm, we were'nt fishing, we stayed on the trails, just a short trail thru the gamelands. A warning would have been appropriate. 7 guys just out enjoying a nice sunny day. He gave my dad a warning cause he's over 70, and he gave my son a warning cuase he's under 18 and busted the rest of us outlaws a new azz! Most of us there had never even had so much as a speeding ticket! And we can't keep fish in the DH streams! I bit my tounge but I'm damn sure going to court over this one.  We were wrong and admitted it, but so was he. I guess I'm not an illigal alien, so I don't have any right to a break!

"Lead, follow or get the hell out of the way" GEN George S. Patton, 3rd Armor Commander

Woolly Bugger

March 14, 2007, 07:21:12 AM #1 Last Edit: March 14, 2007, 08:26:19 AM by Woolly Bugger

Dang, sounds like a pickle to me, if you go to court I'd take a lawyer, he's gonna charge more than the fine though. Jury may acquit, if you can get a jury of your peers (good luck, most likely 1/2 will be mexicans)

Should have just given you guys a warning or just charged you (the ring leader)....

ex - I'm not going to live with you through one more fishing season!

me -There's a season?

Pastor explains icons to my son: you know like the fish symbol on the back of cars.

My son: My dad has two fish on his car and they're both trout!

troutphisher

It almost seems backwards here. In all the years I have fished in Pisgah, I have only seen a game warden once.
He asked to see my license and then told me I was fishing in his favorite spot.

I can't tell you how many times I find bobbers and worm hooks in the trees and bushes along clearly posted waters.
Seems Ironic that they chase horseback riders. Poachers do more to harm the fisheries than horses.

Sounds like this warden is lazy, he saw an opportunity to give a ticket, with the least amount of effort on his part.
Rather than walking the streams, he sits in the parking lot and ambushes an easy target.

forkin cork sucker

The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane.

cmiller51h

Quote from: Woolly Bugger on March 14, 2007, 07:21:12 AM

Dang, sounds like a pickle to me, if you go to court I'd take a lawyer, he's gonna charge more than the fine though. Jury may acquit, if you can get a jury of your peers (good luck, most likely 1/2 will be mexicans)

Should have just given you guys a warning or just charged you (the ring leader)....

That's me, the ring leader. Hell, I wanted to ride at South Mountain State Park, but Nooooooooo! $750.00 later. I'm going by tomorrow and talk with the DA while I'm up in North Wilkesboro. See if I can't straighten this crap out!
"Lead, follow or get the hell out of the way" GEN George S. Patton, 3rd Armor Commander

Woolly Bugger

Quote from: Woolly Bugger on March 14, 2007, 07:21:12 AM

Dang, sounds like a pickle to me, if you go to court I'd take a lawyer, he's gonna charge more than the fine though. Jury may acquit, if you can get a jury of your peers (good luck, most likely 1/2 will be mexicans)

Should have just given you guys a warning or just charged you (the ring leader)....

strike that!

Pay the fine, get over it, the man was doing his job, if he had just caught a bunch of fishermen coming out we'd all be singing praises to him....

ex - I'm not going to live with you through one more fishing season!

me -There's a season?

Pastor explains icons to my son: you know like the fish symbol on the back of cars.

My son: My dad has two fish on his car and they're both trout!

troutphisher

Quote from: Woolly Bugger on March 15, 2007, 14:07:05 PM

Quote from: Woolly Bugger on March 14, 2007, 07:21:12 AM

Dang, sounds like a pickle to me, if you go to court I'd take a lawyer, he's gonna charge more than the fine though. Jury may acquit, if you can get a jury of your peers (good luck, most likely 1/2 will be mexicans)

Should have just given you guys a warning or just charged you (the ring leader)....

strike that!

Pay the fine, get over it, the man was doing his job, if he had just caught a bunch of fishermen coming out we'd all be singing praises to him....

That's my point, if he was doing his job he would have been walking the streams, instead of sitting in parking lot waiting for an easy target.....Lazy I say!
The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane.

phg

He took a cheap shot.  No way around it.  For all you know, though, he had just been to court and seen a bunch of poachers let go with a warning because the DH signs weren't bi-lingual.  Who knows?

You could fight it, but you probably wouldn't win at the local court level.  There are plenty of precedents where failure to properly post restrictions led to dismissal on appeal.  "Ignorance of the law is no excuse!" is, and always was just a cop-out.  The courts exist to add the human factor or "judgement" to the legal process.  You always have the option of arguing that enforcement was "unreasonable, arbitrary and capricious."  ...but bottom line  is, it will take you a lot of time and likely a good bit more money to fight it, and the outcome would still be uncertain.

Like Wooly said (I sure am agreeing with him a bunch lately, I've got to watch that) the best thing to do is pay the fine and get over it.


cmiller51h

Sure, he was doing his job. And we were in the wrong for the most part. If I had been in there fishing and got a ticket, that's one thing, there are signs all over that streamshowing the date you can start fishing. This is totally different. Horses use the gamelands and are permitted in there. All I am saying is there should be a sign posted at the trailhead concerning dates they can be there. Dont let me ride one day and ticket me the next without reason being posted somewhere besides an obsure regulation book that most horsemen would not know about.

"Lead, follow or get the hell out of the way" GEN George S. Patton, 3rd Armor Commander

Brudog

March 15, 2007, 23:18:08 PM #8 Last Edit: March 15, 2007, 23:20:39 PM by Brudog

Chuck,

I think one of your best arguments will be that he gave warnings to your dad and son, well your dad anyway. You dont give selective punishments if all were guilty. Course you may just wind up with a fine for your dad,LOL.

I mean, if it hadnt been your dad and just another 70 yr old man who happened to join you guys on the trail, you would have been like " FU Mr Gamewarden, if he aint gotta pay and just gets a warning, then we all get a warning"

"...I play real sports, not try to be the best at exercising! " K. Powers

cmiller51h

Quote from: Brudog on March 15, 2007, 23:18:08 PM

Chuck,

I think one of your best arguments will be that he gave warnings to your dad and son, well your dad anyway. You dont give selective punishments if all were guilty. Course you may just wind up with a fine for your dad,LOL.

I mean, if it hadnt been your dad and just another 70 yr old man who happened to join you guys on the trail, you would have been like " FU Mr Gamewarden, if he aint gotta pay and just gets a warning, then we all get a warning"

Works for me! I tolds the old man that we were slpitting the thing!

"Lead, follow or get the hell out of the way" GEN George S. Patton, 3rd Armor Commander


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