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  1. #1
    Join Date
    Aug 2011
    Posts
    1

    Post Fishing Without a License

    My question involves criminal law for the state of: Montana

    My friend and I were stopped by fish and game officers as we were hiking out of the back country. We were about a 1/4 mile form the trail head and at least 3 miles from the lake where we camped. They asked where we had been and then asked to see our fishing licenses. both myself and my friend were carrying collapsed fishing poles on the outside of our packs. My friend showed them his license and I told them that I had not been fishing and was only carrying a back up pole. The officers then separated us and we were each questioned. We both told the officers that I had not been fishing and had not assembled my pole. They then ticketed me for fishing without a license. My question is dose carrying a fishing pole in the back country constitute fishing? Am I innocent until proven guilty? Can I be charged with no proof that I actually fished?

    Thanks in advance for any help with this matter.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Fishing Without a License

    You were cited for fishing without a license, so clearly it's possible.

    You are free to fight the ticket if you believe that, with your testimony and possibly your friend's, you can beat the ticket.

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