# Fishing license in truck



## NiceGuy

Anyone ever have this happen?

Got ticket for not having fishing license on me. Took the county sheriff to my truck (30 yards away) and gave him my ID and fishing license. Was still given a *misdemeanor* for fishing without my license in my possession. :rant:
[/COLOR] 
If you don't want to reply to the thread please private message me. Need all the advice I can get. 

Thank you.


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## wartfroggy

Two things here.....

1- I have never heard of someone getting a license ticket by a sherrif, just from a CO.

2- Most of the time, CO's will call in your information to confirm if you have a license, and give you a warning to carry it. 

I have never heard of someone getting a ticket, after proving that they did infact purchase a license. But "technically" I believe that they can, since it is supposed to be on the person.


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## Ron Matthews

Manistee county it's against the law to Not have a license on your person while fishing, 50$fine [used to be] 
Sheriff backs up Co's all the time, Mainly during salmon season in known "hot" locations... Nothing new
Been asked on manistee while not even fishing or carrying equipment!


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## NiceGuy

I thought so too until I got one from the county sherrif. 

I really need some advice, i don't want a misdemeanor on my record. Not to mention the $175 fine for leaving my wallet in my truck a stones throw away.


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## anon12192013aazz

It stinks, but you were technically in violation of the law, and the State is probably looking to generate revenue any way it can. You can fight it, but the reality is, you were fishing w/o having your license on your person. The only advice to be given here is that you comply with the letter of the law.


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## dead short

Really it's against the law in every county, and can be written by any LEO working within their jurisdiction. 


324.43516 Hunting, fur harvester, or fishing license; carrying license; exhibiting license on demand; firearm deer license with unused kill tag; exhibiting tag on request.
Sec. 43516.

(1) A person who has been issued a hunting, fur harvester's, or fishing license shall carry the license and shall exhibit the license upon the demand of a conservation officer, a law enforcement officer, or the owner or occupant of the land if either or both of the following apply:

(a) The person is hunting, trapping, or fishing.

(b) Subject to section 43510(2) and except as provided in section 43513, the person is in possession of a firearm or other hunting or trapping apparatus or fishing apparatus in an area frequented by wild animals or fish, respectively.

324.43560 Violation as misdemeanor; penalty.
Sec. 43560.

A person who violates this part or a rule promulgated under this part, for which violation a penalty is not otherwise provided for in this part, is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not less than $25.00 or more than $250.00 and the costs of prosecution, or both.


Posted from my iPhone.


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## Neal

I'd probably go to court with it.


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## dead short

broom_ said:


> the State is probably looking to generate revenue any way it can


Really??? Comments like this one are ludicrous. 


Posted from my iPhone.


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## dead short

wartfroggy said:


> 2- Most of the time, CO's will call in your information to confirm if you have a license, and give you a warning to carry it.


Unless it's a kill tag type of license or there are other extenuating circumstances, I would think that this is the norm. 




Posted from my iPhone.


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## double trouble

But you did not break the intent of the law. The sheriff is fishing for tickets and doing fundraising for his jurisdiction. The court gets a third , the sheriffs office gets the same and so does the state. Probably they will drop the misdemeanor charges if you pay money.You have to plead not guilty and make a deal with the prosecutor. if they say no deal or you really feel strongly about not paying I would take my chances before the judge. Ask the sheriff, if he shows up, if he ever forgot his wallet or keys . Same with the judge. It rocks their credibility. Case should be dismissed right then.

If the sheriff did not see you fishing and you did not admit it or you had not started to fish yet, you could go to court and say that you were not actively engaged in fishing. Holding a rod is no proof. Intent is no crime. Holding a gun is no proof of using one and as far as I know it is legal to hold a fishing rod.


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## wartfroggy

double trouble said:


> Intent is no crime. Holding a gun is no proof of using one and as far as I know it is legal to hold a fishing rod.


 What about guys getting a DUI for being asleep in a parking lot in the drivers seat? Car is off, parked, but you are in the seat. They hit them with intent to drive...even though they are trying to sleep it off.


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## Gander Club

I think all fish and game violations are misdemeanors. A long time ago I got a ticket for improper sitting in a boat under power. I had my butt on top of the chair while kneeling in the drivers seat. I went to court and the judge dismissed the ticket but charged me the cost of the ticket in "court costs". Probably the same thing that would happen if you go to court. The way I seen it it was better than having a misdemeanor on my record, but back then it was a $35 fine not $175.


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## dead short

double trouble said:


> If the sheriff did not see you fishing and you did not admit it or you had not started to fish yet, you could go to court and say that you were not actively engaged in fishing. Holding a rod is no proof. Intent is no crime. Holding a gun is no proof of using one and as far as I know it is legal to hold a fishing rod.


This is not necessarily true.

As was posted above...

(b) Subject to section 43510(2) and except as provided in section 43513, the person is in possession of a firearm or other hunting or trapping apparatus or fishing apparatus in an area frequented by wild animals or fish, respectively.


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## Still Wait'n

Must have caught him on a bad day. 

There was a group of us ice fishing up north a few years back, and one guy forgot his license back home (100 miles away). The CO gave him 10 days to produce it as long as it was post dated and all was good.


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## NiceGuy

Thank you everyone for the advice. 

I am not trying to dismiss my guilt, I understand I broke the law by not having my license in my posession and you can gurantee it will never happen again.


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## Burksee

Kinda like when you get caught speeding, your breaking the law. Sometimes you get a warning, sometimes you get a ticket. 

As mentioned I would suspect you can plead this down to paying a fine without it getting on your record.


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## Liver and Onions

dead short said:


> Really??? Comments like this one are ludicrous.
> 
> Posted from my iPhone.


Some people go to a lot of effort to proof that they know almost nothing about everything.
Niceguy, I would pursue what Burksee is suggesting. 
L & O


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## MERGANZER

Well altyhough it is frustrating, you did violate the law. It sucks and it is probably going to be one of those moments that remind you to check before leaving the truck. Also, the state is trying to generate revenue in this tough economic time and technically the LEO did nothing wrong. Take it to court and see what happens. The sherriff may remmeber the case and not show up or be up for probation, or some reduced fine. It cant hurt. Sorry you had to have this happen but a judge may say well you had the license and give you a warninig. Good luck to you 

Ganzer


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## IN-HEAVY

Wartfroggy you should only get a DUI if the keys are in the ignition that is intent to drive. I know when I was a kid waiting for a Trout opener (12am) we were told by the DNR just sitting on our local dam we were breaking the law even though we never threw a line because it wasn't legal to have the means to take fish while the season was still closed on that body of water. He made us leave for the last 30min and no ticket was issued.


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## anon12192013aazz

double trouble said:


> as far as I know it is legal to hold a fishing rod.


You didn't read section (b) of post #6, apparently. If you're at a stream or lake, holding a fishing pole...you're fishing. 

As for the guy who doesn't think the Sheriff or CO will issue a ticket to generate revenue...why do they levy fines? Also, why is Michigan changing the law to allow "only" 4 years of cash welfare assistance? The state is going bankrupt, like many others. Do you really think they are above enforcing laws more strictly, if it brings in more money? Get real.


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## Accounted For

Steve is right... they'll try to cut some BS deal... that's what small town prosecutors are all about. But as he pointed out, because it's a misdemeanor, and not a civil infraction, like a traffic ticket, it puts you in the system... a place I would not want to be, personally.

FYI, I had one of my buddies who does practise law, and is the guy who I use when I need a lawyer, and who I refer to anyone who needs a good one, over to help him out with his taxes today. I showed him this thread, and he agreed, that there is no way that the statute could be reasonably read to make you guilty of anything. You had it, you produced it, end of story.

Unfortunately, if you don't tag your animal they're going to assume that you're not going to and you'll re-use the tag. That really sucks, though.


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## NiceGuy

Thanks everyone for the support. Getting the feedback gives me some peace of mind. I have the court date set, will post the outcome when this is all said and done.


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## Dorf-on-Steel

1. If you are going to court GET A LAWYER! He/she may be able to plead this down to a lesser infraction with the prosectors office.
2. You are going to court either way before a judge, you can plead guilty and pay the fine. If you do and if you have a clean record for five additional (5) years you can have it expunged from your permanent record (another form and $ 150).

I'd at least talk to a lawyer. They know the prosecutors and judges in the jurisdiction. They'll cost you more in the long run, but?

Been there!

dorf


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## Captnbobb

I don't know the impact of having this on your record, is it really that serious? Hiring a lawyer will be a lot more expensive than the fine, so 3 choices: 1) pay the fine and get on with your life, 2) argue it yourself and worst case is the same as paying the fine while best case is it gets thrown out, 3) hire a lawyer and for sure pay a lot more than the fine but have a better chance of ending up with no record. Is it a financial deal or the record that is driving the decision?


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## salmonslammer

See if you can talk to the prosecuting atty... they should be willing to work out a plea deal.... even if you don't have an lawyer.

What did the bumper sticker at pappy's say? "Go to manistee on vacation, come home on probation!"

That's some BS that its a misdomener.....I know the DNR has called in #'s for people that were in my boat and forgot their paper... don't see why the SO can't do the same! 

Outdoor Hub mobile, the outdoor information engine


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## Speyday

For all those folks who gripe about not enough enforcement and snaggers/poachers running rampant: I "hope" you agree with me that ANY type of LEO should be able to check and ticket violators.

I also believe licenses should be carried/displayed on-person at all times like in other states. It might get more people busted if another angler calls the RAP line. I am astonished every year at how many folks fish without a license !!!!

I've actually had 2 instances where I didn't have my license in possesion. One in WI and one in MI. Both times I got away with it. One time they 'called it in' with a phone to another field office, and the other time the CO followed me to my car where my entire wallet was left behind, as I was wet-wading. 

I also think that creel survey teams should have a procedure to demand display---then have a special bat-phone to call a LEO; though they don't have ticketing authority. It seems to me like they could take on a little bit more in the job description.


If they actually were to start enforcing, they ought to just duplicate other states and take it one extra step further and make it so the license must be displayed.


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## NiceGuy

Talked to the prosecuting attorney and got the Misdemeanor lowered to a Civil Infraction. Still had to pay the $175 but I guess its not as bad as getting a criminal record. 

Best of luck to everyone and thanks for the suggestions. 
- NiceGuy


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## Fishslayer5789

Ron Matthews said:


> Manistee county it's against the law to Not have a license on your person while fishing, 50$fine [used to be]
> Sheriff backs up Co's all the time, Mainly during salmon season in known "hot" locations... Nothing new
> Been asked on manistee while not even fishing or carrying equipment!


My buddy got a ticket this summer for not having a license on him...because he was fishing with a hand-line underwater! Of course he left his license in the vehicle. The DNR officer was too lazy to follow him to shore (she came up to him from a boat) and she wrote him a ticket instead. He had to pay $163.00 total. Power trip? Probably. I seriously think some officers need to pull their **** together and get realistic for once.


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## Ron Matthews

Yea, just standing around the sled at High Bridge waiting for all the guides to move on before I got it wet is enough to get asked I guess?

Got hit up on the pier before, said No- It's in the truck... out comes the little money making book, My girl say's it's in your pocket! Oh sheet, My Mistake I said,, Here it is. The didn't look very happy, Like I wasted their time or something? 

Dnr kicked my buddy sleeping in the rocks another time, "Where's Your License" lol, he says what I need a camping permit? Fishing License Please!:lol:

Good Times-


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## Frantz

I had a similar thing happen to me fishing the Chippewa. Truck at the top of the hill, I was fishing under the bridge. Sheriff came down and asked for all my ID, all of which was in the truck. He asked a bunch of question, what I was fishing for, why here, what was I using, did I have any fish in my possession. End story, we walked up the hill, i showed him all my stuff and he told me I really needed to keep that info on my person. I shook his hand, and he told me to have a nice day and to try wading down about a 1/4 of a mile, the fishing was a little better down there. 

I dunno, personality or something, but with the exception of one arrogant peckerweed MP at Camp Lejuene, every LEO I have dealt with has been great.


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## Robert Holmes

I was standing on an island in a river fishing one time and the CO tried to have me go to shore to show him my license. I told him to put on his waders and walk across so that I would not lose my fishing spot. We went back and forth for about 15 minutes and I held my ground. I told him that I was amazed how the DNR could buy him a $40000 truck and a 10000 Honda 4 wheeler but they could not buy him a $100 pair of waders. In the end I held up my license and fish and he was happy. He did ask if my license was on my person I said yes but I was not going to walk to shore and give up my fishing spot. As it was I think that I was his most checked fisherman so he knew that I had a license. We have a real good CO in Mackinac County right now, he enforces the law but he is really good about checking sportsmen. Even the guys that get tickets say good things about him.


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## slammer

<p>&lt;p&gt;I see you were able to get this taken care of and I am saying this without reading every response but you must also, by law, carry the I.d. used to purchase your license with. I don't like to carry my drivers license with me on the water or in the field so I have moved to the sports card for I.d.&lt;/p&gt;</p>
<p>&lt;p&gt;&lt;font size=&quot;1&quot;&gt;&lt;i&gt;Posted via Mobile Device&lt;/i&gt;&lt;/font&gt;&lt;/p&gt;</p>


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## Fishslayer5789

Still Wait'n said:


> Must have caught him on a bad day.
> 
> There was a group of us ice fishing up north a few years back, and one guy forgot his license back home (100 miles away). The CO gave him 10 days to produce it as long as it was post dated and all was good.


Any responsible officer would do that. There is a term for those who don't give a warning in this situation an go straight to writing a ticket and that term is "power trip". I normally see this in CO's under age 35.


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## georgeb

After getting off with a warning for this exact thing in the late 70's I have modified my approach to this problem.
[/COLOR] 
We have to print the new license off the internet after purchasing it anyway so now I print 5 color copies and sign them all. I have one in about everything I take fishing, my backpack, my boat, my billfold and my shore fishing tackle box. I keep the extra 1 in my desk at home incase I need to make more copies. I am NEVER again going to get stuck with a "not in possession" ticket.

I have never even seen a law, and know of no such law that limits the number of copies that can be produced, but then again i have been wrong sooooo many times before.


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## syonker

georgeb said:


> We have to print the new license off the internet after purchasing it anyway so now I print 5 color copies and sign them all. I have one in about everything I take fishing, my backpack, my boat, my billfold and my shore fishing tackle box. I keep the extra 1 in my desk at home incase I need to make more copies..


I go one step farther & put my driver's license along the right side of the paper copy & make multiple color copies. Now LEOs have a photo ID along with my fishing license all on one document.


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## rmarrs

Not fishing license related, but we had one wet behind the ears CO that stopped us on private property for not wearing helmets on our quads. We told him it was private property, and helmets aren't required. He told us of we were mowing the lawn on a tractor we needed to have helmets on.

After we called his CO (a friend), he left red in the face. Power trips...


Outdoor Hub mobile, the outdoor information engine


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## Fishslayer5789

rmarrs said:


> Not fishing license related, but we had one wet behind the ears CO that stopped us on private property for not wearing helmets on our quads. We told him it was private property, and helmets aren't required. He told us of we were mowing the lawn on a tractor we needed to have helmets on.
> 
> After we called his CO (a friend), he left red in the face. Power trips...
> 
> 
> Outdoor Hub mobile, the outdoor information engine


 
HAHA. It's always helpful to know a bigger, more knowledgable, and better CO than the guy that tries to tell you you're doing something wrong when you're in the right. :lol:


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## Fishslayer5789

There was a couple enjoying their day on Fife Lake 2 summers ago on their pontoon boat. The husband (the fisherman) decided he wanted to stop in to shore and get some food at the party store. He left the wife (out to catch some sun-----absolutely not fishing) on the boat with his fishing gear. As she sat waiting in the pontoon boat straight out from the launch (no lines in the water whatsoever), a CO pulls up to her boat and says, "Can I see your fishing license?" and she replies, "I am not fishing, I am just waiting for my husband to come back." He replies, "well you have all these fishing rods here". She replies, "Well you're a rapist". CO: "Why would you say that?" She replies "Well you have the equipment for it." 

The woman never got a ticket. Moral of the story: don't draw conclusions until you have all the details.


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## dead short

rmarrs said:


> Not fishing license related, but we had one wet behind the ears CO that stopped us on private property for not wearing helmets on our quads. We told him it was private property, and helmets aren't required. He told us of we were mowing the lawn on a tractor we needed to have helmets on.
> 
> After we called his CO (a friend), he left red in the face. Power trips...
> 
> 
> Outdoor Hub mobile, the outdoor information engine


Actually it is illegal to operate an ORV on private property without a helmet. There is no exception like in the snowmobile law. It is only a civil infraction though. 

324.81133 Operation of ORV; prohibited acts.
Sec. 81133.

A person shall not operate an ORV:

(b) Unless the person and any passenger in or on the vehicle is wearing on his or her head a crash helmet and protective eyewear approved by the United States department of transportation. This subdivision does not apply if the vehicle is equipped with a roof that meets or exceeds standards for a crash helmet and the operator and each passenger is wearing a properly adjusted and fastened safety belt.


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## cadillacjethro

NiceGuy said:


> Talked to the prosecuting attorney and got the Misdemeanor lowered to a Civil Infraction. Still had to pay the $175 but I guess its not as bad as getting a criminal record.
> 
> Best of luck to everyone and thanks for the suggestions.
> - NiceGuy


 
In my humble opinion you still got ripped for $175.


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## natures way jeff

NiceGuy said:


> Anyone ever have this happen?
> 
> Got ticket for not having fishing license on me. Took the county sheriff to my truck (30 yards away) and gave him my ID and fishing license. Was still given a *misdemeanor* for fishing without my license in my possession. :rant:
> [/COLOR]
> If you don't want to reply to the thread please private message me. Need all the advice I can get.
> 
> Thank you.



keep license in the tackle box and ID on you thats porblem solved


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