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charged with attempting to take game out of season

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xilef

Junior Member
What is the name of your state?What is the name of your state? FL

Hi, this is my 1st time posting here. I just received a citation last weekend for going into a close area for hunting. I happen to mis-read the hunting regulation and local area phamplet and got the dates all wrong. My citation lists the charge as " Attempting to take Deer/Hog out of season in public use area". The state reference for this citation was aganist rule "68A 12.002 para (2)".

I admitted that I was in a closed area out of season and after a passer-by informed me that I had my dates all wrong. I attempted to call the Florida Fish &Wildlife commission for clairification. In doing so, the local dispatch center I called contacted one of their officers who meet me upon my exiting of the area after I lost contact with the dispatcher that I was asking for the correct dates over my nextel phone.

This officer was all nice and such, but still wrote me a ticket. I told him that i was attempting to get the dates clarifiy by their own dept and was not attempting todo anything illegal but he didn't care. He stated, that if I was unsure of the dates for the acrhery season that I should have confirm them before entering that area.

So now I'm stuck as to if I should go to trial and after reading the above reference, I believe the citation is written with the wrong reference. The paragraph listed above states the following;

(2) Resident game birds, crows and game mammals may be taken only during the daytime between one-half hour before sunrise and one-half hour after sunset in the open season established by the Commission, provided that the hours in which the hunting of gobblers or bearded turkeys is permitted during the spring season shall be from one-half hour before sunrise until sunset.

what do you think? and how should I go about this ? (sorry for the long post )
 


T

Tim Hartman

Guest
wrong citation

I'm no lawyer, but I think you could possibly win against the incorrect citation, provided the time of day etc. was within legal hours. However, it is the hunters responsibility to know the rules and regs concerning the area and game he is hunting before entering the field. It is a technicality you would be relying on to have the charge dropped.
 

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