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  1. #1
    Join Date
    May 2018
    Posts
    3

    Default Non-Resident Charged With Fishing Without a License

    My question involves criminal law for the state of: North Dakota

    I just moved to North Dakota a little over 2 weeks ago, and not a resident fo this state yet. My cousin wants to go for fishing, and I tagged along with him. We brought only 1 fishing rod because I don't have a license and Im not planing to do the fishing. After got to the river side, my cousin was walking around to check for a spot, while he was doing that, I was helping him with the fishing rod by changing the baits, and I did threw the fishing line down a few times to test if it stable. I did this for about 5 mintues, then I put the fishing rod down and went back into the car. While I was in the car, a game and fish officer knock on the window and asked if I have a license. I said no, and explained that I was just helping my cousin getting this fish rod ready. The officer said I was fishing and given me a ticket of non-resident fishing without a license for ($450). I tried to submit a form asking for an attorney, but the clerk of the district said this doesn't have jail time so I have to submit when I go to court.

    My cousin also got a ticket for illegal taking fish. While he was walking on top of the rocks to the other side of the river, he saw 2 dead fish got stuck on some rocks, and he pick them up with his hands. He didnt have a net at that time, so he brought it back to the truck. Then the officer walked over and given him a ticket ($350). All this happen only 5 mintues after we got to the lake.

    So what should I do that the court? Will this be on my criminal record if it rule I and my cousin guilty? How can we ask to reduce the fines? On the tickets it says class B misdemeanor for both of us. This is my first ever getting a ticket of any kind.

  2. #2
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Fishing Without License

    If you through the line in the water for 5 minutes you were fishing. I don't see anybody buying what your defense that you were test putting on the bait. You can go to court and request a lawyer and see if he thinks there is a defense or you could just throw yourself on the mercy of the court.

    If found guilty it will be on your record. Your cousin's conviction will have no effect on your record.

    How old are you?

    P.S. Why would your cousin or anyone else want to pick up and keep dead fish? That is just gross.

  3. #3
    Join Date
    May 2018
    Posts
    3

    Default Re: Fishing Without License

    I was changing different type of baits, and threw it out to see which one can go farther. I changed 1 bait and threw it out a few times, then changed to a different type of baits. I'm 26 and what can I do to not get it on my record? As for the fish, one was dead recently at that time, and the other was dying, it was still moving a bit.

  4. #4
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Fishing Without License

    You were fishing. The officer saw you do everything required to fish. I don't think you are going to get a judge to believe you weren't fishing.

    Your only chance of not getting a misdemeanor on your record is to not get convicted. A lawyer is your best and likely only chance of doing that.

    Still eating a fish that is dying or dead for any reason other than you killing it is not smart.

  5. #5
    Join Date
    May 2018
    Posts
    3

    Default Re: Fishing Without License

    Quote Quoting PayrolGuy
    View Post
    You were fishing. The officer saw you do everything required to fish. I don't think you are going to get a judge to believe you weren't fishing.

    Your only chance of not getting a misdemeanor on your record is to not get convicted. A lawyer is your best and likely only chance of doing that.

    Still eating a fish that is dying or dead for any reason other than you killing it is not smart.
    When I go to court can I ask the judge to reduce the amount of the fine? Because I don't have a job for the pass 9 months. Also, beside the tickets, the officer given us 1 paper each and said, if we don't have to go to court we can just pay the fines and mail it to the court. At the back of the ticket, there is something about Section I - Non-criminal game and fish violation, and Section II- Criminal game and fish violation. Is my case a non-criminal or a criminal one? If it's a non-criminal will it be on ours record after this event is deal with? Thank you for the replies and help.

  6. #6
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Fishing Without License

    If it is criminal depends under what law you were cited under. I'm betting it was either 41-6-7 or 41-6-8 both are Class 2 misdemeanors and would both be considered criminal and would with a conviction remain on your record.

    You can as the judge anything you want. The trick isn't asking it is giving him a reason to lower the fine and/or the charge.

    Class 2 misdemeanors have a potential penalty of up to 30 days imprisonment and/or up to $500 in fine.

  7. #7
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Fishing Without License

    Quote Quoting Khong
    View Post
    When I go to court can I ask the judge to reduce the amount of the fine? Because I don't have a job for the pass 9 months.
    I don't think that will happen. You can however discuss how to make payment arrangements for the amount of the fine. The judge will tell you how much you could pay and for how many months the payments will last.

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