D-16 First Buck, now gone

Did you leave the tag completely blank or did you at least punch out some of the holes with a stick?
 
Lungpopper said:
Looking at it in a different way. The warden could have easily handed him a pen and said "fill it out". Would have been less work for him and a lesson learned for Cgruwell05.

Yes this. I think the intent of the law is so you don't use a blank tag to poach a bunch of deer (looking legit in the process). That could be prevented by him demanding you fill out the tag right there. I suppose he could have also checked your pack to verify you didn't have a pen...

In any case, the role of the game warden should be to catch poachers and steer honest guys onto the right track. I have met wardens like that. But some just want to write out a citation.

I put 2 more pens in my pack also. You're a lesson for us all dude.
 
A couple of things......1st off, if your using a soft tipped lead bullet. You can use that (I've obviously forgot a pen too or had one not work over the years)......If your tag was punched. Then any decent game warden would have given you a pen to finish your tag......I'm still pissed about what happened 2 years ago to a great kid with a magnificent buck.....Ticky tack judgments with no common sense or leeway are F & G's new mode of operation.

As far as your penalty of a misdeamor........You will lose next years deer hunting privileges with a conviction of a deer violation......The fine can be up to $1,000.00, but will be much less.

If your tag was punched.......I would go to court and plead your case.
 
I have a feeling that he knew the rule but after you kill a buck you're on cloud nine for a little while and it gets a little foggy out there and it's real easy to overlook the details no matter how big or small they may be. You probably will not ever make that mistake again. But there are plenty of other small details that are easy to forget when you're in the moment. I'm glad you told your story on here it will help you get past this lots really cool guys on here we've all made some kind of mistake while hunting. At least you got good pictures from your hunt. Welcome to the Brotherhood
 
Sdbirds said:
Did you leave the tag completely blank or did you at least punch out some of the holes with a stick?

The answer to this question will help your case.
If your tag wasn't punched AND wasn't filled out then I understand why the warden did what he did. The reason is an unsigned/un-punched tag could be used over and over.

My buddy that showed me the original area that I sometimes hunt was sited for this very thing in 1997. He shot a buck and punched the tag, but didn't sign it because the guy that he was hunting with told him that he was supposed to sign it when the other person (a forest ranger in this case) signed it. The ranger called the wardens and the warden showed up and confiscated my buddies buck...
 
Hi guys. I didnt have any holes punched unfortunately. The warden told me to use my gutting knife to notch holes if i didnt have a pen. I only wrapped the tag around his rack. Obviously this is useless without it filled out.

That penalty looks ugly. Man, such a rookie mistake.
 
well here the deal and it's only an opinion, mine.

here's what you done , went through hunter safety class. was it ever addressed?
you purchased a legal hunting license. yes.
you purchased a legal deer tags. yes
you where on legal public land.
you killed a deer on public land yes.
you did try to tag your deer, but failed to fill it .
yes the law states to immediately fill that tag.
however that said it was an honest mistake.

here what you are not, you are not a chronic offender, this is you first offense.
your intent was to fill out the tag as soon as possible.
with these flimsy thin tags, it is possible to get the tag ripped off. as it is being transported.
I would be worried about the tag being lost or destroyed. rain, mud, bushes we all know how this stuff happens.

I would state to the judge these circumstances. and let the cards fall.
if your honest about the whole deal. this guy should just given you warning.
so now we have to make sure that our tag are on that deer and is secured very well.

I could understand if you where a chronic offender, the warden had issues with you in the past.
but this was a simple easy honest mistake.
I still think this guy was being over zealous with his job.

remember when the old tags where tough it was hard to rip. these new tags are
junk.

Ghost
 
That's a hard lesson. But it's good for everyone that you shared your experience; you've even got a bunch of experienced guys throw in extra pens in their packs. Sprig makes a good point about using bullet lead. You can also use deer blood and write with a stick or twig.
 
If I was a warden.

With the date and proper holds punched I'd let it slide if you just had a virgin tag on the deer (no punches) I'd take your deer not every meeting you or see you hunt I'd be forced to take it. To easy to get home and shoot another deer. But sorry man learn from it good deer
 
Ghost said:
here what you are not, you are not a chronic offender, this is you first offense.
your intent was to fill out the tag as soon as possible.
with these flimsy thin tags, it is possible to get the tag ripped off. as it is being transported.
I would be worried about the tag being lost or destroyed. rain, mud, bushes we all know how this stuff happens.

I would state to the judge these circumstances. and let the cards fall.
if your honest about the whole deal. this guy should just given you warning.
so now we have to make sure that our tag are on that deer and is secured very well.

I could understand if you where a chronic offender, the warden had issues with you in the past.
but this was a simple easy honest mistake.
I still think this guy was being over zealous with his job.

remember when the old tags where tough it was hard to rip. these new tags are
junk.

Ghost

I mentioned this in another thread a while ago but I had a similar instance happen to me the first time I went turkey hunting. I was so pumped up about hunting and the lead up to the hunt that I forgot my shotgun shells at home and didn't realize it until I got to the hunting spot. My buddy gave me 3 shells and off his son and I went to hunt. We both bagged birds in short order and were taking trophy pics when all of a sudden the warden pulls up. He was acting all friendly and then asked to check out my gun. I handed him my gun and a few seconds later he says that it's not plugged. I asked him what that meant and he looked at me like I was crazy. (I didn't take hunter safety out here because I had a license from when I was a kid in another state where there were no regs for plugging guns) He told me that my shotgun had to be plugged so that it only held 3 shells and my 870 holds more. I explained to him about only having 3 shells in the gun (I had two in my pocket and the spent shell in my vest) and not going through hunter safety out here but he didn't want to hear it. He didn't take my bird but he did write me a ticket and I had to go to court in El Cajon. The ticket was originally $100 but after I explained my ignorance to the judge, he knocked down to $50 and sent me on my way.
 
My first hunting citation came on my first dove hunt. I clipped both wings off of the doves I shot, and one of the breasts was small, and the warden cited me for it. Hones, ignorant mistake, but still a violation. I went all the way out to the Imperial County courthouse to see if I could fight it, but they didn't have a record of it. They said that because I was a juvenile, it had to be filed with my home county's court system, and that they had up to a year to file charges. Nothing ever came of it.

The first deer I ever shot taught me a lot about how the DFG operates. I had a G13 tag and a D16 tag. I saw what I thought was a doe, and shot it. When I approached it, I saw that it was actually a spike buck, with tines 3 1/2 and 4 1/2 inches long- not legal with either tag. I went to the Sheriff's office, and they wouldn't look at it. So I flagged down a forestry service ranger, and told her my story. She called the warden, who instantly started reading me the riot act, telling me not to lie to him, blah blah blah. I told him exactly what I had done, and he didn't believe me. He checked with the ranger, and she confirmed that what I had told her was exactly what I had told him. He asked me exactly when I had realized that it was illegal, and I replied "as soon as I saw the spikes". He asked if I had the regs in the car - "no". He asked how I'd known it was illegal - "I know the rules". It took him a while, but he finally calmed down and realized that I wasn't a criminal. But he said that he "had to cite me". He confiscated the deer, but let me keep my D16 tag, and said that he would "put in a good word for me". He said that I was the ONLY person he had ever met, who, knowing they had broken the law, still turned themself in (isn't that what they say to do in Hunter Safety class?). When I showed up in court to ask for mercy, they had no record of it, but said that the DA had up to a year to file. Nothing ever came of it.

I've asked several wardens over the years why they choose to punish people who make honest mistakes, and who try to do the right thing. Aren't they just encouraging people to SSS? The answer usually goes something like this: "well, when you tell your buddy, and he calls us, we're going to go out there and find the carcass, match the bullet to your gun, and put you in jail, confiscate the gun, and the vehicle you transported it in, and take away your hunting privileges." Mmmmm-hmmm. Right. It seems like most wardens are simply looking for an opportunity to hammer you for something, instead of teaching you a life lesson that you'll never forget, and let you off with a warning.

You made a mistake. We all do. Study the regs till you know them forward and backward, and eventually, you're still going to make a mistake. Try identifying ducks on the wing. Or differentiating between a whitewing and a Eurasian dove on the wing at 30 yards. You will make mistakes. If you're a good person, you will feel bad about it, and learn from it. But don't give up.

I don't know what will happen in your case, but I hope it turns out well for you. Go to court, and fight it. And next time, you'll remember some of the very good ideas that have been presented for pen alternatives, and you'll be ok.
 
To even have the balls to say what happened and it was your fault on a public forum tells me you were trying to do the right thing. I'm guessing you ran into Fleet?


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Fleet? Sorry i am not sure what that is.

Ghost: i would be worried about telling the judge that I was worried about those flimsy things falling off because I never mentioned that to the Warden.

I havent decided if its worth fighting for or not even though it was an honest mistake but still a mistake. So do you all know if the wardens are required to show up in court? Is there any chance on getting the rack back? I would have to guess my chances are slim to none.

Thanks again everyone.
 
If there is a conviction your not getting the rack back. Even if you plee to a lesser charge. The only way you'll get it back is if the Judge dismisses the case. You need some sort of technicality. Like the ticket was filled out wrong.

I would plee to some sort of lesser charge 1, a non hunting violation to try and be able to hunt next year and 2, less money out of pocket. All the DA wants is a conviction so usually they will work with you. You will need to do your homework to know what to pleed to or get a lawyer.

Fleet,,,,,Dont get me started.
 
My 2ct. Fk him! That was way chicken Sh!t of him. I Think very strongly that people in and around DFG are looking to make hunting and fishing as uncomfortable as hey can to discourage us from doing it. I can go on and on. Mr. Warden let's put it this way really. If he was going to do something wrong why would he show himself to you in the first place? And one more but i have alot. i'm done dfg Are trouble makers.
 
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