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Bogus kayaking ticket on the Intracoastal WW

Old 01-12-2019, 04:20 AM
  #21  
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Despite your opinions on kayaking at night, whatever they may be, the OP is correct. Nothing like a little man with an ego trip. I'd call the Chief and explain everything and that should get it dropped. If not, you can choose to fight it or just pay the fine. Do not ignore it though, it will catch up to you!
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Old 01-12-2019, 04:36 AM
  #22  
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Sounds to me like the ticket was issued for stupidity. Get the proper gear if your gonna fish at night. Be smart!
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Old 01-12-2019, 04:56 AM
  #23  
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Originally Posted by rmambo View Post
Hi, I was kayaking at night on the Intracoastal near Miami and cops cited me with insufficient navigation lights. I looked up the US Coast Guard rules for kayaks - a kayak falls into the category "vessel under oars" - and I in fact satisfied the lighting requirement, which is to carry a flashlight ready at hand to turn on to avoid a collision with another boat.

The citation comes with requirement to appear in court. I live in New York and this requirement is impossible for me to satisfy.

Questions:

(1) As I have pictures that prove that I had a flashlight that night, I'll likely win the case. Out of principle I don't want to plead guilty. Anyone know if I could present my case in court in absentia? - via an affidavit, a deposition, or whatever...

(2) Alternatively, do you know if I could plead guildy and pay the fine (just to avoid all the hassle) - even though the ticket says I must appear in court?

Thank you!!!

I would not do anything until you determine exactly what law you were cited under. If it was a Miami LEO, my guess is they cited you on a city ordinance violation, and your Coast Guard nav rules research may not help you.

That's my free legal advice for today.
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Old 01-12-2019, 07:24 AM
  #24  
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A couple of things ... a ticket issued on the water and a ticket issued on the highway are completely different here. Once you receive a ticket on the water, your name will end up in the criminal search database indicating you were issued a misdemeanor crime citation. Therefore, if somebody does a public records search under your name it will show up as an arrest.

Secondly, you were asking about the legality of this situation and whether or not you need to show up in court. All of the judgemental jerks on here want to tell you what you should or shouldn’t be doing even though they weren’t present and don’t know if it was safe or unsafe for you to be operating without a light at the particular location and time of the incident. You can call the Miami-Dade County clerk of courts office to request further information on how to handle the citation. Be prepared to stay on hold for a while so call when you’re not otherwise busy.

Finally, the people who are telling you to call the chief of police obviously don’t realize that there’s no way in the world you are ever going to get a hold of the city of Miami chief of police… (sadly) this is not Mayberry, North Carolina. However, if you feel that you were unjustly cited then you should absolutely file a complaint against the police officer so that their internal affairs office can take a look at it. If you were unjustly cited and to do something about it, you may be able to save dozens of others from the same aggravation.
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Last edited by MiamiJay; 01-12-2019 at 09:21 AM.
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Old 01-12-2019, 07:32 AM
  #25  
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I remember back many years ago I was ticketed for speeding in the Coral Gables waterway and ignored the ticket. About 6 months later I had a Coral Gables and a City of Miami LEO knocking at my door. I went to jail and paid the fine the same day. I'd strongly suggest you not ignore it.
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Old 01-12-2019, 07:38 AM
  #26  
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Originally Posted by Eye8atoad View Post
They need to write more of these. Kayakers at night are a danger to themselves and others.

It may be true that they're a danger but enforcing laws that don't exist is more dangerous.
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Old 01-12-2019, 07:43 AM
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Is this thread serious? Kayaking at night in south Florida? Sober?
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Old 01-12-2019, 07:53 AM
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Dont worry about it. Just don’t ever come back to Florida, you will have a warrant.
I here Phoenix is nice this time of year, and less kayaks.
Ok locals I got rid of one. That’s my quota for the day!

Your welcome.
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Old 01-12-2019, 12:04 PM
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Originally Posted by MiamiJay View Post

Finally, the people who are telling you to call the chief of police obviously don’t realize that there’s no way in the world you are ever going to get a hold of the city of Miami chief of police… (sadly) this is not Mayberry, North Carolina. However, if you feel that you were unjustly cited then you should absolutely file a complaint against the police officer so that their internal affairs office can take a look at it. If you were unjustly cited and to do something about it, you may be able to save dozens of others from the same aggravation.
I guess there are 2 types of people in this world, those who can and those who won't.



I love how judgemental people are though. Your feelings of when he's kayaking don't matter. The facts matter and the OP is 1000% correct. Some cops think they are the law and clearly this guy is one of them.

The stupidity is real. When I went kayak fishing at night (gasp!) I carried a copy of the rules with me so I could show them right then and their they're in the wrong.
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Old 01-12-2019, 03:11 PM
  #30  
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Put your wallet where your principle is, lawyer up and be prepared to drop a couple thousand in legal fees. Pleading not guilty gives you 2 options, Bench or Jury Trial. The Court Clerk cannot dispense legal information as that is UPL. Consult a real attorney, there are quite a few on here that could help rather than the Holiday Inn J.D.'s.

You must be present for any Motion hearings and trial. You cannot present any evidence in Absentia.
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Old 01-12-2019, 03:18 PM
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They run over jetty's at night in Miami. I could imagine they would not even know they hit you.
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Old 01-12-2019, 07:17 PM
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I'll ask again: What were you cited for? Code of Federal Regulations, County Ordinance, or City Ordinance? What is the actual statute number listed on the violation?
​​​​​​
For example, FL statute 327.50(2) says that you have to comply with Navrules, which it sounds like you did.

There may me additional statutes or regulations that add requirements in state/county/city jurisdiction.

Can you please tell us what it says?

And I just reread the OP. Did you challenge the violation on scene, explaining that you were, in fact, not in violation?

Or, did they almost run you over?

Last edited by RickC137; 01-12-2019 at 07:22 PM.
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Old 01-12-2019, 07:29 PM
  #33  
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This is a very important part of the navigation light rules for vessels under oars.

"have ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent collision"

Did the OP have it ready at hand? As the state boat approached did he use it?
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Old 01-12-2019, 11:58 PM
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Find out what agency issued the summons. Find out if a report was taken by the officer. If a report was taken of the incident, get a copy of it.
Contact the prosecutors office who prosecutes for the agency that issued the summons. Explain your case to them and take a copy of the report if one was taken. Also take a copy of the navigation rules that are applicable to your situation. Take money to pay court costs and/or fine or wait and hire an attorney.

If you ignore the court date a warrant will be issued and they do not go away.

Last but not least....remember that you are on a boating forum asking for, and receiving free legal advice.

Good luck
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Old 01-13-2019, 05:51 AM
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Originally Posted by Paul Barnard View Post
This is a very important part of the navigation light rules for vessels under oars.

"have ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent collision"

Did the OP have it ready at hand? As the state boat approached did he use it?
You said it’s bogus but if you didn’t use the light as they approached you the ticket is valid. Don’t ignore it, it will come back to haunt you. Not buying a plane ticket will not be an acceptable excuse. It’s a risk you take traveling to any state. Florida gets a lot of out of state visitors and some of them get tickets. It’s avoidable by following the laws otherwise you have to deal with it. Otherwise, as a minimum, I wouldn’t plan on returning.
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Old 01-13-2019, 11:43 AM
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So OP has 1 post and its to bitch about getting cited for being out on the water without lights. Law or not its stupid not to have something to make you visible to other vessels. Maybe the officer wrote him up because the OP was acting like a DB. Maybe the cop was a DB. Anyways the OP hopefully learned a lesson about being smart. It sucks to have to come back down for an appearance but it beats getting run over by another boat.
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Old 01-13-2019, 12:21 PM
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Originally Posted by southtx View Post
Sounds like a bad ticket, did he approach you by vessel and you turned on your light a little late? This would and should get a ticket, but all you need is a light and it must be displayed in time for an approaching vessel. Good luck with it.
If I remember right you dont need to have light on. You need to possess a light and show it to any officer that requests it. Ive been kayaking at night for 30 years. A headlamp is your best friend just leave it on all the time. We also have 4led mast lights behind us and reflective tape on all four corners of our kayaks.
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Old 01-13-2019, 12:38 PM
  #38  
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I find it very hard to believe you can't just pay the fine and be done with it. I've never heard of needing to go to court on an uncontested ticket.

Otherwise use Ticket Clinic. They don't require you to be there and they cost around $89 plus court costs.
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Old 01-13-2019, 03:50 PM
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Originally Posted by barrell View Post
If I remember right you dont need to have light on. You need to possess a light and show it to any officer that requests it. Ive been kayaking at night for 30 years. A headlamp is your best friend just leave it on all the time. We also have 4led mast lights behind us and reflective tape on all four corners of our kayaks.
You're not in Miami Beach with coke heads in go-fasts!
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Old 01-13-2019, 07:43 PM
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Originally Posted by barrell View Post
If I remember right you dont need to have light on. You need to possess a light and show it to any officer that requests it. Ive been kayaking at night for 30 years. A headlamp is your best friend just leave it on all the time. We also have 4led mast lights behind us and reflective tape on all four corners of our kayaks.
WTF

No light on is BS.

Do you show it after you have been cut in half?

No matter the legalities, operating a Yak in the ICW or anywhere at night without showing a light all the time is the stupidest thing I have ever heard of. Dumb ass things are hard to see in the daylight in the wrong conditions.

Those plastic toys don't even reflect a good radar signature in bad weather.

The OP needs to pay his ticket and thank someone he is alive to pay it.

This entire thread is dumb.
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