perhaps was the officer was simply frustrated with always having to kick people out despite the signs and decided to write a ticket... I was there after hours during Sandy shooting some stock photos/video of the storm and got an earful even tho i had never left the truck. Perhaps wading is cheaper than trespassing or whatever the fine is for being there after hours and it was even done as a backwards favor. who knows. i've certainly fished locations after hours, there was an old company owned lake in PA that had some of the best night time fishing that i'd sneak in for, but i knew if i got caught i'd walk away with some kinda citation.
so for years while wading here was a non-issue w/ NPS, now it is an issue... which goes back to the point, has anyone ever had trouble during normal hours when the park is open? i'm not so sure this really is a 'could have been any of us' case. rare is the trip to those spots where i don't see a park police officer at some point. but now they're aware of the poorly written rules and overlapping laws, tho without my adjectives, and it's open to interpretation and discretion. basically is raising hell about this one after hours incident when there haven't been any others worth the potential negative impact of aggressively pursuing clarification?
again, sorry for the ticket... and i am trying to work some NPS back channels to make this go away... but, just a thought.
b
On Tuesday, June 4, 2013 5:30:51 PM UTC-4, TurbineBlade wrote:
-- On Tuesday, June 4, 2013 5:30:51 PM UTC-4, TurbineBlade wrote:
Even if the fine is tossed (which would be excellent), he'll pay whatever court fees are around here (?). So......I'll do my best to solicit at the next tie. Usually I'm not so much the collection guy, but more the guy who chips in and then goes and hides in the background.Remember folks -- whether you agree with every detail or not. It could have been you!
On Tuesday, June 4, 2013 5:15:48 PM UTC-4, vkernus wrote:Dalton,It would be highly unlikely for the Judge to bring forth an new complaint. Ideally, Remick gets off without having to pay the fine and then we can work forward to clear up the ambiguity while striving to promote water safety.Victor
On Tuesday, June 4, 2013 4:30:58 PM UTC-4, Dalton Terrell wrote:I think Victor's lawyering is exactly what is needed in the short term to help clarify this wading issue. Obviously in the longer term, we should advocate for less ambiguity in the statutes, increased safe wading access and better education of the NPS police officers.On the trespassing issue, I do not believe that Remick was actually trespassing in the park at the moment the officer approached him if he was below the high water mark, which is probably why he didn't receive a ticket for this. The judge certainly cannot bring an additional charge of trespassing while Remick is in court.Dalton
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