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Old 11-09-2005 | 07:10 PM
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rgarand3006
 
Joined: Oct 2004
Posts: 26
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From: Dallas, TX
Default Accidentally broke law - need advice

This is my second deer season in the woods. No luck last year. Hard luck this year.

On opening day in East Texas, I shot and killed a good-sized doe on my in-laws property. (First deer! I was very excited.) I had an old-timer help me dress it out quite nicely and then drove it to a game processor. At the processor, the game warden tells me that even though I have a hunting license with antlerless tags and I have followed almost all the rules, I did not obtain an "antlerless permit" and so have an illegal deer. He impounds it as evidence, writes me a citation and sends me away frustrated and dejected.

I spoke with the Justice of the Peace today and she quoted me $250, fine and court fees in full. I did not plead either way on the phone and she said I could think on it.

I know that this is not the ideal forum for legal advice, but I don't want to drop $250 per hour to fight this either. Here are some of my thoughts on fighting this:
1- The Outdoor Annual is very poorly written and the paragraph pertaining to my offense is as clear as mud. Each county has its own bag limits and as I have learned, rules regarding hunting for antlerless deer. I feel like I am being fined for being unable to read the mind of whatever person composed this paragraph. No doubt, they are immersed in hunting and law, but I am not. Here it is:
"White-tailed Deer - Archery Season: October 1 - 30 (no antlerless permit required except on MLD property); General Season: November 5 - January 1 (November 24 - 27, no antlerless permit required except on LAMPS or MLD property; November 5 - 23 and November 28 - January 1, antlerless by permit only). Bag limit: 3 (1 buck and 2 antlerless, all seasons combined)."

Keep in mind that this is one paragraph of a 76 page manual, so my eyes were rather glazed over when I read it.

2- This is my first ever offense outside of two speeding tickets.
3- My father-in-law and a nephew have both been injured in vehicle collisions with deer. Deer hunting continues to decline in popularity. State Farm tells us that Texas is a top 10 state for deer collisions. Hunters spent at least 1.5 Billion dollars in Texas last year. Why are they making this so hard for this newbie deer hunter? Is it any wonder that hunting's popularity is fading? Will Texas Parks and Wildlife support itself

When I went out hunting, the rules were rather unclear to me, obviously. I knew everyone keeps talking about the exploding deer population. I knew about my family members and their deer collisions. I did not know about the history in which deer hunting meant "bucks only" for decades. I have been learning, since Saturday... Even my brother-in-law, who has taken about a dozen deer including does, did not know about this business. He hunts a county that doesn't require an "antlerless permit". Originally, he was coming with me on opening day and we likely would have nailed two or more does. The herd I spotted had four or five deer! I only got one of them.

At least this is "just" a Class C misdemeanor, like a speeding ticket. My guardian angel was looking out for me as I missed the second deer I fired on. If I had shown up at the processor with two illegal does... Thank you, Lord!

I feel like I will never have any closure regarding this lovely animal. I killed it, dressed it out, and then it was taken from me and I'm facing additional punishment.

Any advice on reducing my punishment (max fine is $500, JP proposed $250) or getting a better deal would be appreciated. I'm not expecting Yale Law quality legal advice, either. Perhaps some things I can tell the JP. Legally speaking, my citation says I am to appear in court on a Sunday morning at 9am. The game warden must have had a brain cramp on that one. Could this get me off?




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