dakine999

I am first to admit my ignorance is the biggest cause of this, however, I was just wondering what people thought. Last Saturday muzzle came in here in VA so I took Friday off to sit in the woods with my bow before shots starting ringing the woods around me. I've been mostly hunting locally and decided to take a couple hour trip to a place that I've been hunting a few times a year for a very long time. Anyways, Friday night a buddy and I were checking out a new pond that the landowner put in on the property we hunt and on the way out my buddy shined his flash light on one of the fields we hunt. We do this every year and I thought we were good because all I had in my vehicle was a bow with no broadheads and my unloaded blackpowder rifle stillin the bag, which were both in the back of my SUV. That was my first mistake! As soon as we pulled out of the property and on to the main road we were pulled over by a game warden. We didn't know what happened at first because the game warden was in an unmarked car and also not in uniform when he approached are vehicle. We only assumed he was a game warden when he asked for our hunting licenses because he never identified himself or showed us any kind of badge. Well to make an already long story short we both received 3 tickets. One for illegally hunting, another for spotlighting without written permission, and lastly one for spotlighting with a firearm and bow in the vehicle. I was guilty for having the bow in the back of my truck which I was unaware was a violation until I reread the rules book. I did think I was fine with my black powder rifle being in the truck because it was unloaded. What's crazy is I did have written permission to hunt the property, however, when I tried to tell the game warden this he said something about a hunt club hunting the adjacent property and I did not have permission to shine my flashlight on their property. We are talking a 10+ acre field here which my buddies flashlight could never shine across much less reach the adjacent property. Unfortunately everytime I opened my mouth to ask the game warden something he would immediately tell me I was lucky not to be thrown in jail and my truck and weapons taken from me. I'm inclined to try and challenge this in court, however, I know how much power game wardens have here in VA and I do not want my fines to increase because I go to court.

Anyone have any experience with a similar situation which would help me decide if I should go to court or just pay the fines???

PhoenixMA

As a police officer I can tell you that it never hurts you to go to court and tell the judge your side of the story. Now, that doesn't mean youre any more likely to get reduced fines or penalties, but they wont be any stiffer just because you plead "not guilty".

Good luck.

tray999

As a police officer here in Virginia I agree totally with PhoenixMA. Go to court and tell the judge exactly what happened. Ignorance is not excuse, butit can mitigate the circumstances of the incident in the judges mind and that could help reduce the fine.

Now, the conduct of the game warden in not identifying himself is just not proper. In Virginia, you must display your badge of authority to enforce your law enforcement power. Game Wardens arelaw enforcement officers underVirginia code. What you do with this information is up to you.

dakine999

Thanks for the thoughts PhoenixMA & tray999. The landowner is a well known attorney in town and I assume knows the judges well. He was out of town hunting in CO when the incident occured and just returned home this past weekend. My buddy and I plan to ask his advice when we see him over Thanksgiving.

Criggster

I would have a real problem with the fine for shining on the adjacent property. Sounds like he was trying to protect someones hunting club! However, I do have a similar story to tell. It happened here in VA.

My neighbors were driving to different areas and using night vision googles to look at deer. They pulled up into a wide spot in the road and were looking at a few deer. They noticed that one of them was acting "funny". They finally figured out that it was the dreaded robodeer. They all had a good laugh; becasue they were not breaking any laws by not using a spotlight. Well, they watched it for a while and decided to drive on up the road. And, you guessed it they got company. The warden pulled them over, and told them they were spotlighting because their headlights brushed the field when they pulled out of the wide spot! Now the only weapons they had in their possession was a pocket knife and a baseball bat. If you can show me someone who could kill a deer in the middle of field at night with either one you better have it on film or elseI won't believe it!

They went to court, but the judge upheld the spotlighting charge. So, it looks like you may be able to beat the aforementioned charge of shining on adjacent property, but not the other charges. Good Luck!

o2bebowhunting

that sucks. when you go to court you will probably be convicted of at least one offense. please make sure that for the next 3 years that you uphold every hunting rule. if you get a second citation within a 3 yr period--you will lose your hunting license for 1 year.

dakine999

Thanks for the info o2be. I'm not planning on breaking any regs, however, I was not aware of the 3 year "thing". And yes, it did suck!

Invented

dakine - what county did this happen in?

UFunny2

I, too, received a ticket in Virginia.... It was several years ago during the off season. I was driving through Yorktown battlefield and swept a field with my headlights to look at the several hundred deer in the field. I was pulled over by park police and cited for "harrassing wildlife".

Anyone know what happened to the Yorktown herd? You don't see many deer in those fields anymore.

dakine999

Pearl Jam -- I was hunting in Gretna in Pittsylvania county. My court date is in Chatham.