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04-08-2016, 03:17 PM | #1 |
Sea Hunter
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Put the mackerel out to soon. 4/8/16
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Duke Mitchell Last edited by MITCHELL; 04-09-2016 at 06:15 AM. |
04-08-2016, 03:59 PM | #2 |
Senior Member
Join Date: Apr 2010
Posts: 6,856
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live and learn
And if you don't then you deserve it
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www.facebook.com/Teamsewer Last edited by jorluivil; 04-08-2016 at 04:13 PM. |
04-08-2016, 04:17 PM | #3 |
Senior Member
Join Date: Nov 2014
Location: Orange, CA
Posts: 120
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Not sure how happy you will be when paying for the ticket. My friend had to pay $400 for fishing w two poles w/o 2nd pole stamp. Not sure if this applies to your situation, hope not.
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04-08-2016, 04:31 PM | #4 | |
Lurker
Join Date: Feb 2016
Location: Riverside
Posts: 431
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Quote:
Now I really feel pathetic.. Lol Last edited by stevie951; 04-08-2016 at 04:37 PM. |
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04-08-2016, 04:34 PM | #5 | |
Senior Member
Join Date: Nov 2014
Location: Orange, CA
Posts: 120
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Quote:
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04-08-2016, 04:37 PM | #6 |
Sea Hunter
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ouch....
I'll let you know what the fine is...
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Duke Mitchell |
04-08-2016, 07:30 PM | #7 |
Fishing Patriot
Join Date: Dec 2013
Posts: 1,121
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I'm a rebel, so I'd fight it! (hence my SN - silbaugh4LIBERTY) If I can get a MISDEMEANOR traffic ticket Dismissed, then this would be a piece of cake in my book. Honestly, ask yourself this....."who did I injure/hurt/steal from/or rights did I violate?" If you said None to all of those, then there is no crime. The ticket is them extending an offer to do business, and if you accept, then go ahead and pay the ticket. I sure wouldn't.
Nice job on the limits BTW!!
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04-08-2016, 08:35 PM | #8 |
Junior
Join Date: Feb 2016
Posts: 17
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[QUOTE=stevie951;258088]Or you can just be a degenerate like myself, every time I get a speeding ticket I take it to court.. Not sure about the Dept.of Fish and Game, but with CA Traffic court, you are allowed like 2 month long extensions from the original appear date on the Ticket, after the 2nd ext, a Must Appear date is given that cannot be moved and chances are higher that those 2 months later, now 4 or 5 months after the original ticket, the officer could care less or simply cannot attend that court date. If the Officer is not there to defend the case, you automatically are not guilty (of course you have to pay the fine before a judge will see the case but upon the NG verdict, you will be refunded..) If he is there, chances are he did not have video evidence of you with the 3 poles, so just be polite to the judge, dress nice, and give him your "honest" rendition of things..
Now I really feel pathetic.. awesome! |
04-08-2016, 09:09 PM | #9 | |
Fishing Patriot
Join Date: Dec 2013
Posts: 1,121
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[QUOTE=Ror_sal;258110]
Quote:
You're best bet is to serve a summons to the officer, and then if he doesn't show up, you can throw that in their face, and then they MUST dismiss it. I'd still file a Demurr to dismiss though, since they lack evidence proving Jurisdiction. The reason being is they'll say you injured the people of (THE STATE OF CALIFORNIA). Well who in the hell is the (STATE OF CALIFORNIA)? It's a corporation, a DBA, a fictitious entity. Don't believe me, do the research yourself. You can look up any Business on Dunn & Bradstreet https://businesscredit.dnb.com/coo Last time I checked, the Constitution doesn't say (We the Citizens), it says (We the People). Citizen=corporation=DBA Last food for thought. Some local news from this week....... http://www.latimes.com/opinion/edito...407-story.html
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04-09-2016, 03:57 AM | #10 |
Sea Hunter
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Funny thing is
I never take more than a limit.....I release all the big mouth bass I have good fishing ethics just feeding my addiction fishing poles I only took 8 this time
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Duke Mitchell |
04-10-2016, 06:45 AM | #11 |
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Join Date: Jun 2010
Location: Ventura COunty
Posts: 521
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I say go to court. Dress nice and fall on the sword. Most likely the Judge will ask you what you have learned and you will tell them that you have read the laws and the experience has made you understand the fish and game laws. You won't get out of the ticket but they will reduce the fine. I had one go down from $500.00 to $150.00 for a Canary Rockfish.
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04-10-2016, 09:10 AM | #12 | |
Fishing Patriot
Join Date: Dec 2013
Posts: 1,121
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Quote:
https://www.youtube.com/watch?v=Iv4r...&nohtml5=False Here's the video of my success on Marc Stevens youtube channel he just posted last night. He had me on his radio show on NPR radio yesterday to explain how everything went down. Always go Pro Per (represent yourself), and make them prove jurisdiction (physical proof). Sure, you can go kiss their ass, and get it reduced, which they tried to reduce my traffic ticket. Instead, I put the burden of proof on them, and they didn't have PROOF of Jurisdiction, and of course had to drop it. STICK IT TO THE MAN AND BE FEARLESS!
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04-10-2016, 09:32 AM | #13 |
Administrator
Join Date: Mar 2005
Location: 1-2 miles off the point
Posts: 6,948
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Wait......so WE get to decide if we are guilty or not, not the written law. Wow. People not accepting responsibility for their actions drives me fricken crazy, I consider it part of being a grown up MAN.
You are saying you have to slam into my son or daughter speeding before it is a crime. Some laws are in place to protect the law abiding citizens. Granted the 2 rod stamp makes no sense to me, that seems you are paying for a privilege. Now 3 rods is an obvious violation.
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04-10-2016, 09:42 AM | #14 | |
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Location: Tehachapi, CA
Posts: 166
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Not that this is the right response (there is no right response for everyone), but for me my peace of mind is probably worth more than a (hopefully reduced) DFG fine. |
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04-10-2016, 10:38 AM | #15 | |
Fishing Patriot
Join Date: Dec 2013
Posts: 1,121
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Quote:
The point Im making is there need to be an INJURED PARTY. There isn't an injured party in this case. They'll say "its the people of the state of California". Really??? How did he injure them by having three poles? You can be a Free Human being or Chatel slaves. I choose the former. I spent 5 years in the Marines (3 years overseas, 2 tours in Iraq), and I took an oath to support and defend the Constitution against ALL enemies foreign and DOMESTIC. So ironically, when you go into court during an Arraignment, they ask you "Do you wish to WAIVE your constitutional right to enter a plea" (whether its guilty or not guilty). Why is that? Because the courts don't operate under the Constitution. They operate under Color of Law, Admiralty Law, not under the Constitution=Law of the Land. No Victim = No Crime Ignorance of the law is no excuse. Get informed and learn your rights and learn how things work. That's what I consider being a man! Live by one principle and you'll never have to worry (Do no harm). Don't harm another person, property, their rights, and you'll be okay.
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04-10-2016, 12:09 PM | #16 |
Senior Member
Join Date: Aug 2012
Location: Yucaipa
Posts: 192
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Its interesting
that someone will post a pic of a short bass and people on this forum will tear them apart. But in this circumstance, people are encouraging doing the wrong thing.
next time I catch a 13.5" bass, ill just tell them it shrunk after being on the ice that will justify it. |
04-10-2016, 01:31 PM | #17 |
Member
Join Date: Aug 2013
Location: Pine Valley when not fishing La Jolla
Posts: 2,643
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I don't understand the people on this post that are thinking there is no victim or wrong in this incident. Mitchell even admitted that he made a mistake and put out a third rod out. The two rod rule is BS on inland waterways, but being able to pay extra to even have two rods is even more stupid. Either have no limit on number of rods or just one with no financial option for more. It's as stupid in the size of a fine that does not take into account the individuals financial situation. A $500 fine to someone making $250k is not deterrent compared to the same fine to someone making $30k. Just appear in court, admit making a mistake and hope the Judge lowers the fine considerably and also hope others learn from this story. It is about accepting personal responsibility. That is unfortunately, something that a lot of parents and lawyers have taught people is not necessary anymore, making this world a lot worse off.
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MARK ......... 2016 MALIBU X FACTOR, 2020 SOLO SKIFF (Fishing Kayak on Steroids ) |
04-10-2016, 01:32 PM | #18 | |
Member
Join Date: Apr 2012
Location: San Marcos ca
Posts: 71
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Quote:
That is just it, those laws are put into place to protect a resource that belongs to all people. So in breaking that law, there is harm. They are unfairly taking what belongs to all. It is the tragedy of the commons. What is a common resource will be exploited by the individual because the benefit to that individual is a +1 while the harm of -1 is spread out to all who have a stake in the common resource. By you argument, a poacher over limit is doing no harm. And I say most fishermen would disagree. So if you need an injured party, look to the people of California. And your crap about the justice system being rigged does nothing for your argument. Last edited by kixchad; 04-10-2016 at 01:33 PM. Reason: one more thought |
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04-10-2016, 04:14 PM | #19 |
Fishing Patriot
Join Date: Dec 2013
Posts: 1,121
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Well, it's Mitchell's ticket, so he can do what he wishes with it. Based on the responses, it doesn't surprise me why we've slipped out of the Top 10 countries in Freedom in such a short lifespan of this country. Just don't go crying when they expand the MLPA or extend it another 5 years without a shred of evidence or scientific proof that it even works. I'll end with this pic of a great quote to invoke some critical thinking amongst all of you.....
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04-10-2016, 05:27 PM | #20 |
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