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  1. #1
    Join Date
    Aug 2013
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    3

    Default After Hours Fishing at an Assumed "Park" and Fishing Without a License

    My question involves criminal law for the state of: I'm from WI and was fishing in this area called Domtar Boat Landing in after hours (4am) and we got a citation for "fishing after park curfew", even though nowhere does it have a sign or state that it was a park with a curfew. All it had on a sign was "Rothschild Hydro-Electric Project, Project No. 2212", some project statistics, project recreational information, phone number: 715-359-3101, and something stating "Recreational Facilities on Project Lands Are Open to All Members of The Public Without Discrimination" and their Domtar logo on the bottom. Also, my wife received a fishing without a license citation even though she was just sitting there, my brother's fishing pole laying on the ground next to her feet; with my brother standing next to her(he brought 2 poles). Also my friend's got a citation for fishing without a license but they all have their fishing licenses, it was just not in their possession at the time of the citation. What can we do?

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

    Default Re: After Hours Fishing at an Assumed "Park" and Fishing Without a License

    You can plead not guilty and (a) go to trial or (b) plea bargain or see if you qualify for an alternative disposition that will result in dismissal, or (c) plead guilty. I don't recommend (c) before at least trying (b).

  3. #3
    Join Date
    Aug 2013
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    3

    Default Re: After Hours Fishing at an Assumed "Park" and Fishing Without a License

    Thanks for the response.

    But which option do you recommend I choose for each problem?

  4. #4

    Default Re: After Hours Fishing at an Assumed "Park" and Fishing Without a License

    Quote Quoting hyang
    View Post
    nowhere does it have a sign or state that it was a park with a curfew
    Sign or no sign, you'd better research this before you hang any defense on it. Better find out why the officer that cited you thinks it IS a park with an applicable curfew. I'd hafta guess that the officer in question has written many dozens if not hundreds of citations at the location, and that this won't be the officer's first rodeo in front of the court for a citation at this location.


    something stating "Recreational Facilities on Project Lands Are Open to All Members of The Public Without Discrimination
    Betcha the key is that phrase "Project Lands", as far as designation of a park/curfew area.


    my wife received a fishing without a license citation even though she was just sitting there, my brother's fishing pole laying on the ground next to her feet
    Absolutely correct. "Fishing" means doing or performing SOME action related to the attempt to take fish. Sitting there and not interacting wth the pole wouldn't qualify. She can certainly raise the argument that she wasnt' fishing and the officer never actually observed her engaged in fishing activity.


    Also my friend's got a citation for fishing without a license but they all have their fishing licenses, it was just not in their possession at the time of the citation.

    WI law on fishing licenses is VERY clear that licenses MUST be presentable to wardens on demand. They can throw themselves on the court's mercy and hope for the best.

  5. #5
    Join Date
    Aug 2013
    Posts
    3

    Default Re: After Hours Fishing at an Assumed "Park" and Fishing Without a License

    Hey, thanks for the reply.

    The cops that gave us citations walked down on, shined their flashlights at us and told us to put our hands up (they didn't even identify themselves). They had a good 30 seconds to a minute to observe what was happening and they still cited my wife for fishing without a license, the pole didn't even have any line out, it was just laying there. What do you think the probability of them dismissing it is and what would I have to go through to make it happen? Would it cost more to fight it than to just pay the citation which should be about 100$ to 150$?

  6. #6
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: After Hours Fishing at an Assumed "Park" and Fishing Without a License

    Fighting it is basically free unless you hire a lawyer. You appear in court and plead not guilty.

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