Aldeer.com Forums Alabama Deer Talk Serious Deer Talk Forum Charged with 9-11-257 on Perdido River WMA

it was in Ga, he survived.

Key phrase in any court where a jury is not present, " I chose to stipulate and appeal". Like Troy said, most prosecutors will try to settle a case before it goes to trial in circuit court because circuit court judges hate for their docket to be full of petty stuff when they are trying to clear the drug, rape and murder trials.

The ****ing Railroad Barons got themselves exempted from every law and 7 of the commandments, when they began expansion to the west, 200 years ago.
Sumbitches still think they own the whole world.

A Baldwin county deputy was killed last year while hunting on a railroad. He was actualy hit by a train.

Where it really could become an issue is for those hunters who park just off public roads and walk into the woods.

The worst part to me outside losing a month of a disabled vets salary is the judge taking my hunting privileges for a year. That is supposed to be for a second offense. I truly believe because I disagreed with the LEO's definition of the law and contested it in court I was punished. I have no respect for either of the two biologist assigned to south Alabama or the Baldwin county court system. They have no clue as to justice only to process and procedures. I wont get to hunt for 1 year and I am out $1200 for an offense that the Alabama AG says I am innocent, but I will spend the rest of my life remembering how there is no justice in Baldwin county. I truly understand why so many people have so little respect for our judicial system, Especially minorities, they do not stand a chance in court without a high dollar attorney.

so according to the law, a guy could legally walk up and down or around the tracks with a .22 or .17 or any rimfire rifle and shoot squirrels, but not with a .410 shotgun?

I guess everybody should take time to read the rulebooks, because I've killed more than a couple of turkeys over the years around railroad tracks.....Railroad tracks are turkey magnets in a swamp.

That would probably help yes.

While it may or not be the true definition of hunting, it is widely accepted in Court that if your gun is loaded; you are hunting.

I don't think that you will ever beat that charge from the description of your activities, no matter your good intentions.

But, I would think that unless there is more to the story than what has been discussed, you should be able to appeal your loss of hunting privileges.

But, heck.....Troy has to keep me straight all the time. So, I very well could be confused on this, too!

I know someone who was on a jury in BC last week. The jurors they picked were all ones who were friends of LEOs, and/or had a good experience with a LEO. It was rigged from the beginning.

To answer the question, no he did not have orange on. Then again I personally have never seen a warden with orange on.

We were not swimming, I was letting our labs swim on the FLORIDA side, this was an AL warden. If someone would have been hunting there, they would have been in violation of hunting from a public road. The Fl side that I accessed the river from is private property that I have access to.

The "A" answer was to tell him to pound sand......

troy

That's what I felt like saying, but didn't want to be disrespectful to him especially having my nephew with me.

you learn real quick where and when to close the windows on a locomotive. North B'ham was the worst for kids throwing rocks at us.

There is so much gray area in the interpertation of this law law. In such lies the problem. The LEO plainly stated I would have been guilty even with a bow and arrow. I am in the process of trying to scrape together enough money for an appeal. I want to request a jury trial. Baldwin county has a bad reputation for policing for profit. I feel wronged and will continue to fight this conviction as long as I can find a way. Thank you guys for your input. I will let everyone know how the appeal goes. I urge everyone to write your represenatives to request clarity be provided for our hunting laws. The next citation may be yours.

Are you sure that the officer told you that you would have been guilty even with a bow and arrow, that seems a little far fetched? Also, doesn't the department of conservation hand out free pamplets that describes these laws?

Section 9-11-257
Hunting or discharge of firearm from, upon, or across public roads, etc.

Any person, except a duly authorized law enforcement officer acting in the line of duty or person otherwise authorized by law, who hunts or discharges any firearm from, upon, or across any public road, public highway, or railroad, or the rights-of-way of any public road, public highway, or railroad, or any person, except a landowner or his or her immediate family hunting on land of the landowner, who hunts within 50 yards of a public road, public highway, or railroad, or their rights-of-way, with a centerfire rifle, a shotgun using slug or shot larger in diameter than manufacturer's standard designated number four shot, or a muzzleloading rifle .40 caliber or larger in this state, shall be guilty of a misdemeanor and, upon conviction, shall be punished for the first offense by a fine of not less than one thousand dollars ($1,000), and shall be punished for the second and each subsequent offense by a fine of not less than two thousand dollars ($2,000) and shall have all hunting license privileges revoked for one year from the date of conviction.

DEFINITION OF HUNTING
Hunting includes pursuing, shooting, killing, capturing and trapping wild animals, wild fowl, wild birds, and all lesser acts, such as disturbing,harrying or worrying, or placing, setting, drawing, or using any device used to take wild animals, wild fowl, wild birds, whether they result in taking or not, and includes every act of assistance to any person in taking or attempting to take wild animals, wild fowl, or wild birds.

Pg. 14 of the Regulation Book.
Regulation Book

Not taking sides either way on this, just providing information.

Nothing in this definition of hunting includes walking with a loaded gun.

I feel your pain.

I was treated like a felon at Lauderdale WMA about 12 years ago. The well respected (that was a joke) GW and his woman sidekick completely tore our truck apart and then told us to hurry and put it back together. She threw truck paperwork on the ground for goodness sake.

I told Mr. Wallace and her where to go, called her every name in the book and him too! Begged them to write me a ticket for something bogus.

I was ready to go rounds with both of them.

Last time I set foot on Lauderdale WMA.

Then again, poachers should know poachers better than that.

Now, Freedom Hills is totally different. Never had a bad experience and Mitchell Marks has always been as courteous and nice as you could expect. No doubt he would write you up if you deserved it but he seems to have plenty of common sense.

To Bucky,
First of all I am a 55 yo veteran of the USN. My father and my grandfather are veterans. Several of my uncles,cousins and three of my brothers by marriage are veterans. Being a veteran has nothing to do with your complaint.
I have two older brothers that are not veterans and they do not hunt, but they and everyone of my family members, relatives and friends know that when hunting - before you step onto a public right of way or railroad, unload your gun...or you could be charged with a violation of law. It isnt hard to unload and reload your firearm. It only takes a matter of seconds to complete the cycle for most firearms. If it is hard for you unload and reoad your firearm then maybe you could take up swimming or some other sport that does not involve moving parts, like balls you could lose i.e. golf,tennis.
Second you cannot step off the railroad bed on Perdido River Mgmt. area and be within 100 yds of exiting the Mgmt area, (unless you cross the river into Florida). Once an individual treks back to his vehicle from the railroad bed on that Mgmt. area they would still have to drive at least a quarter of a mile to leave the area, (unless you drive into Florida- this is a moot point because all hunters have to check in and out of the mgmt area at the check station for safety reasons.)
Third, I know the two officers that contacted you the day you were standing in the R/R bed. They are as honest and conscientious as the day is long. What is really sad is that a ticket would not have been written for 9-11-257 if your gun had not been loaded.
Fourth, maybe everyone else in court that day plead guilty except for you.
Fifth, if someone blatantly coomits a violation, when the rules are spelled out in black and white ( FREE readily available handout Hunting and Fishing Regs and Info. 2010-2011 page 20 left hand column at the top paragraph titled 50 Yard Restriction), then yes you can be charged.
Lastly, what young people are you referring to ? All of them? There are many young people today that respect the law and its representatives. Young people that have guidance and violate are usually taught to violate by example. Young people that have no guidance and violate are a product of our society.
As far as all young people not having respect for the law is just an insult and you do not know what you are talking about...again.
The example I see you setting is one of deceit, misdirection and blame for everyone but yourself for your own mistake.

The Patriot