D-16 First Buck, now gone

[msteele711]

This post is probably better than 100 tickets that go unpublished. Great learning reminder and thank you for posting what has got to be a bit of a challenging situation.

I bet that everyone reading this will use a stick, twig, rock, or their teeth to at least mark that tag. Last year we shot a pig, saw it go down, four legs in the air. Put everything down, filled out my tag, walked over to find it and it was GONE. Not a trace, not a blood spot, nothing other than the imprint on the grass where it went down. Better safe then sorry...was sorry I wasted that tag.

I carry my tag in a ready accessible place at all times and this post was extremely helpful to remind us. Never know.

Hope it works out.

M

 

[Cgruwell05]

Thanks all! It definitely was still a lesson learned. He actually does have a year to file it which means he can still do it anytime from now until November. Keeping my fingers crossed

 

[prov1]

It's not over yet, it is 1 year good luck brotha.

 

[Cgruwell05]

Yup one year it is!

Btw while driving to hodges for a fishin day I saw both the wardens at the lake. After talking to them, they said they sent the citation to the court in January. So I really don't undetstand why there was no record shown when I went to court last month. ???

 

[longbowhunter2]

hopefully they threw it out , and decided not to prosecute.

 

[MJB]

Maybe the DA killed it.......

 

[ilovesprig]

Maybe the DA killed it.......

My guess.........Think about what they deal with these days.

 

[prov1]

You have pictures and a hard lesson learned, I cant tell you how many guys I've hunted with that had to use my pen.
If you guys forget your pens or they just don't work, hike back out without the animal and get one.
Sometimes its a long tough hike it will always be worth it if the man in green is waiting for you, Don't take any chances
make the long hike and time lost your lesson and not the loss of your animal a ticket or even worse your right to hunt.
Happy hunting.

 

[Tbob]

Wow! Crazy thread and very helpful to some of us new guys to CA hunting and all the crazy rules to remember.. In my home state of WA you just notch your tag with a knife and you're good to go... I'd have never thought to bring a flippin pen with me and it could mean big trouble if I happened to forget it!! Very helpful!! Thanks for the post and sorry for your loss man!

 

[Bonejour]

This thread has lots of alternatives if you forget a pen. Blood and a stick or spare bullet work as well as a pen. Just don't move the carcass without filling out the tag.

 

[Cgruwell05]

Plead guilty to a infraction..they dropped it from a misdemeanor..

 

[ilovesprig]

Chad,

Did they offer your deer back or did you ask?.......And did you ask them if you could hunt deer this year?

.§708.8. Deer Violations, Tag Forfeiture.


Any person who is convicted of a violation involving deer shall forfeit their current year deer license tags and no new deer license tags may be issued to that person during the then current hunting license year, and that person may not apply for a deer license tag or deer preference points for the following license year (refer to Fish and Game Code, Section 4340).

 

[Cgruwell05]

Steve,
They did not offer the deer back nor did I ask. It was more just an arrainment for if I would have plead 'not guilty.' But since the DA agreed that we could drop it down to an infraction I decided not to fight it anymore, as this has went on for 9 months now. I did not ask them about hunting deer this year. Actually the judge was not familiar with the Fish & Game codes at all.

As far as forfeiting my tags, the way my lawyer and I look at it is this...I did forfeit my tags when the wardens confiscated the deer in October. And since I was not convicted of the infraction until now (June) I was able to purchase my tags online back when they were first available (prior to court). Since there was no limitations or holds on my online DFG accout, I was still able to purchase my deer tags. You would think they would put a hold on my account if I wasnt able to purchase my tags.

Thats how we see it. Opinions?

 

[ilovesprig]

When Josh plead to an infraction, the lawyer said because it was an infraction he would be able to buy next years tag......He did not.....With an infraction there is no record of guilt is what we were told. When they write these border line citations, they know the best they'll probably get is a infraction.

I wish we were like Montana, where they can write a warning ticket.....The person gets the idea and despite probably being somewhat guilty of something, the warden uses good common sense on a person who may have just made a non conscious error.....If you watch the warden program on the Outdoor Channel this is a common practice.

 

[Cgruwell05]

Steve, so to be clear....Josh was able to buy his tags the following season? Just like I have already done. But I am guessing he never got checked that following season to say him having the tag was legal?

The only thing I am worried about is getting checked while deer hunting this year and them claiming that I am not supposed to have a tag..

I have went through my official court record I got from the judge and it says nothing about not being able to get a deer tag the following season.

BTW, I was charge with FG 12002.1(b) which is an infraction

 

[ilovesprig]

Chad,

Josh did NOT buy a tag.....He was concerned that despite it only being an infraction and being told it was OK from the attorney, that they would try to enforce the deer violation law (F&G code 708.8......He was in the fire academy at the time and decided not to take the chance.

.
Section 12002.1. (Amended by Stats. 2009, Ch. 294, Sec. 27.)
Cite as: Cal. Fish & Game Code §12002.1.

(a)Notwithstanding Section 12002, the punishment for taking a mammal or bird for which a hunting license issued pursuant to Section 3031 is required or a tag, seal, or stamp is required, including a deer tag issued pursuant to Section 3407, without having in one’s possession the required valid license, or without having in one’s possession any required tag, seal, or stamp, or when the taking of that mammal or bird is prohibited by allowable season, limit, time, or area, is punishable by a fine of not less than two hundred fifty dollars ($250) or more than two thousand dollars ($2,000), or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment, or by any greater punishment prescribed by this code.

(b)If a person is charged with an offense described in subdivision (a) and produces in court a license, tag, seal, or stamp, issued to the person and valid at the time of the person’s arrest and if the taking was otherwise lawful with respect to season, limit, time, and area, the court may reduce the charge to an infraction punishable by a fine of not less than fifty dollars ($50) and not more than two hundred fifty dollars ($250

 

[Cgruwell05]

Yeah thats the correct definition. As far now, unless I get a letting in the mail stating that i need to turn in my 2015/16 deer tags, i would assume that i am good...hopefully.

 

[CaptJgray]

Chad,

I will make it simple.
I purchase a D16 tag, you take me to your spot, I shoot the buck and tag it. I borrow a pen from you to fill it out because I know you will have one. I give you a back strap, and you have nothing to fear...

 

[Cgruwell05]

You got it Jeff, I'll show you the spot anytime...It'll be a race between you and Aaron though...He claims to be out for this guy I got a pic of last year...He should be a stud this year...

 

[Bonejour]

Is that lens distortion, or do we name this buck Lord Farquaad?