paulvallandigham
Passed On
- Joined
- Jan 9, 2006
- Messages
- 17,537
- Reaction score
- 89
If that is all the evidence that an officer has- ie, that your shot dropped into a pond or barrow pit after hitting a pheasant, I don't see that ticket getting very far. I always demand a jury trial for my clients who are charged with conservation offenses. This forces the Prosecutor to prepare a written jury instruction setting out the elements of the offense. Most can't do that. And, the idea of asking 12 members of the public to convict you on that kind of evidence just doesn't inspire prosecutors to go after this kind of complaint. IF that Strick INterpretation of the law were to be applied, it would require that hunters of upland game stay at least 300 yds away from all bodies of water, and that would eliminate much of the hunting habitate in the state. If the Department wanted that to be the law, they would set it out in a regulation, have the public comment period, here the screams from local legislators who are inundated with complaints from their voters who hunt, and then quietly forget it. DO NOT Allow some wannabe Hitler with a badge to get away with this kind of thing. See your local attorney and pay him to send a letter of complaint to the head of the DNR about the officer's threats and strange interpretation. The lawyer can add his own professional concerns about the officer's interpretation of the law. If I were the attorney , I would send a copy of that letter to the Attorney General for your State, also, with a separate cover letter asking the AG to advise you if this is his interpretation of the Game laws, both State and Federal. A copy to the local U.S. District Attorney with the same request would also be in order. Between those three appointed and elected officials, some manure should hit this officer's air conditioner. :grin: