CTFishTalk.com: Need advice for a buddy who got a fishing ticket today - Connecticut General Topics ( CT General Topics ) - A Community Built for Connecticut Fisherman.

PECo · Joined: 06 Oct 2009 Posts: 5203 Location: Avon, CT

Well, here's the map for Mansfield;

http://cteco.uconn.edu/map_catalog/maps/town/ProtOpenSpace/ProtOpenSpace_mansfield.pdf

Was he fishing in Cedar Swamp Pond? If so, it looks like it has a name. . . .
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MANIMAL · Joined: 08 Jun 2012 Posts: 242 Location: Manchester

nope - im looking right at that map PECO - down bone mill road - body of water with no markings

intersection of bone mill and ravine

north of that there is a swamp brook pond but it aint CEDAR swamp pond nor does a CEDAR SWAMP river flow anywhere near there - a bit south is the willimantic river for size comparison in case the prosecutor doesnt know the diff between a stream and a river

all in all a simple warning would have been sufficient and the future knowledge of knowing you cant fish the place before the date allowed - you know - kinda like the UCONN kids got above?

to not take gear, notice he didnt keep fish, and realize never a prior on his record - id say it was a bit much on the part of the DEEP guy even though he was pleasant and apologetic im told

lets take it to court and see

thanks for the map though - ill pass this along and he can print it out

PECo · Joined: 06 Oct 2009 Posts: 5203 Location: Avon, CT

Unfortunately, then, your buddy might be screwed. Tell him to be polite and respectful of the judges. It's a three member panel, isn't itl? Anyway, he shouldn't make excuses for his mistake. He should tell them that it's always his intention to follow the regulations, acknowlege his mistake and apologize for it, and ask for leniency.
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MANIMAL · Joined: 08 Jun 2012 Posts: 242 Location: Manchester

sound advice! ill pass it along, but why would he be screwed if it is an unmarked pond on the map? also unmakred on the dirt road you drive down to get to it - how is one supposed to know they cannot fish there if one cannot even know where he really is once he gets there and there is no sign?

PECo · Joined: 06 Oct 2009 Posts: 5203 Location: Avon, CT

sbehuniak09 · Joined: 10 Jul 2012 Posts: 229 Location: Seymour, CT

That's true that it is completely unmarked at the site, but the DEEP officer told us that that doesn't matter. I'm just not sure how you're supposed to know that that body of water, which any sane person would call a pond, is called a brook.. Also let me say that I think closed seasons are ridiculous in the first place, especially when there is so much discrepancy between individual bodies of water..
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MANIMAL · Joined: 08 Jun 2012 Posts: 242 Location: Manchester

agreed - how does it not matter that it is un-named when you need a name to know where you are to look up the regulations for said body of water

crazy right?

jimbojonez · Joined: 04 Feb 2012 Posts: 295 Location: Berlin/Kensington

just going to throw this out there; take it or leave it. The DEEP doesn't involve the criminal court/police to pursue violations. It is literally up to the DEEP officer to find you and encourage you to pay your fine. If you don't pay the fine it doesn't store in their records or prevent you from renewing your fishing license each year. this has how it has always been. maybe this has changed in the past couple years?
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MANIMAL · Joined: 08 Jun 2012 Posts: 242 Location: Manchester

you sure? my buddy showed me the ticket and it has an answer by DATE, looks like the same ticket as a moving violations ticket used in traffic stops - if the option to plead not guilty is there you must have to present a case at criminal court no?

PECo · Joined: 06 Oct 2009 Posts: 5203 Location: Avon, CT

Mase2020 · Joined: 15 Jun 2012 Posts: 228

If your buddy goes to court if would be a (magistrate) who is like a judge, quasi prosecutor and your buddy. The state will make their case and call the DEEP Officer, your buddy will make his case and be able to cross examine the DEEP officer if the magistrate is good and there is doubt about the body of water your buddy should be in good shape. If the prosecutor is good and there is clear doubt about the body of water then it should not make it that far.

The atmosphere is a little more relaxed then regular court as the people there are for infractions and usually represent themselves. Just make sure your buddy does not plead his case, but states facts and on cross examination asked questions that are relevant. Hope this helps.

MANIMAL · Joined: 08 Jun 2012 Posts: 242 Location: Manchester

UPDATE: my buddy informed me that he received a notice asking for him to write a statement pertaining to the situation

He filled it out with his account and things the DEEP officer said during the ticketing and sent it in - he figures if the case is not dismissed, and instead he is then summoned to court that it isnt looking good for him.

we shall see

flippy · Joined: 25 May 2008 Posts: 1150

He will get a 50 dollar ticket that will go to a charity,,

MANIMAL · Joined: 08 Jun 2012 Posts: 242 Location: Manchester

UPDATE: Buddie's ticket got tossed out

PECo · Joined: 06 Oct 2009 Posts: 5203 Location: Avon, CT

That's great. How'd he manage that?
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