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Bogus kayaking ticket on the Intracoastal WW

Old 01-11-2019, 01:25 PM
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Default Bogus kayaking ticket on the Intracoastal WW

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!!!
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Old 01-11-2019, 01:31 PM
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I suspect if u fail to appear they will put out an arrest warrant.
Doubt they will extradite you though.

Pay the lawyer his $2k and he’ll get it dismissed and expunged.

Or or fly back and forth and attempt it yourself.

Im sure there are a couple other options I don’t know about
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Old 01-11-2019, 01:33 PM
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Call chief of police and explain. That's what I've had the only luck with down here. Otherwise stuck lawyering up.
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Old 01-11-2019, 01:51 PM
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They need to write more of these. Kayakers at night are a danger to themselves and others.
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Old 01-11-2019, 01:56 PM
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a single flashlight is all you need? no nav lights while underway? no 360 light?
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Old 01-11-2019, 01:56 PM
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I'd take my chances and ignore it. I doubt anyone is going to chase you down over this one violation, especially given the type of offense ticked for. In a few years it'll be buried deep in the data base and no one will care, unless you add new violations to your pile.
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Old 01-11-2019, 02:13 PM
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That's not true, in a few years you'll get pulled over for speeding and spend that night in jail
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Old 01-11-2019, 02:24 PM
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A court appearance is normally to fight the citation , you should just be able to pay the fine and move on
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Old 01-11-2019, 03:35 PM
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Originally Posted by VaporTrail1 View Post
That's not true, in a few years you'll get pulled over for speeding and spend that night in jail
what if it’s a misdemeanor and requires court appearance?
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Old 01-11-2019, 03:37 PM
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Pay the fine and move on.
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Old 01-11-2019, 03:55 PM
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Fine will be cheaper than a lawyer or a plane flight and time spent fighting in court. Depends on how far you want to go to prove your innocent.
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Old 01-11-2019, 05:10 PM
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What does the citation say? Specifically, does it cite federal law, state law, county or city ordinance? Curious.
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Old 01-11-2019, 05:23 PM
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Originally Posted by gofishrob View Post
A court appearance is normally to fight the citation , you should just be able to pay the fine and move on
Originally Posted by Boat Hound View Post
Pay the fine and move on.
Originally Posted by Beak Boater View Post
Fine will be cheaper than a lawyer or a plane flight and time spent fighting in court. Depends on how far you want to go to prove your innocent.
He said the citation REQUIRES he appear in court (although that seem ludicrous)
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Old 01-11-2019, 05:42 PM
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State law or local ordinance may require nav light even if CG does not. Ticket should cite the law that applies.
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Old 01-11-2019, 06:01 PM
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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.
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Old 01-11-2019, 06:12 PM
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Originally Posted by VaporTrail1 View Post
That's not true, in a few years you'll get pulled over for speeding and spend that night in jail
This is what happened to a friend who ignored a ticket on a jet ski. Spent a night in jail on thanksgiving.

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Old 01-11-2019, 06:15 PM
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Kayaking at night on the intercoastal with no lights on? Glad you didn’t get killed.
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Old 01-11-2019, 06:27 PM
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Originally Posted by creditcardguy View Post
Kayaking at night on the intercoastal with no lights on? Glad you didn’t get killed.

In Miami


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Old 01-11-2019, 09:08 PM
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Originally Posted by jalcar View Post
I'd take my chances and ignore it. I doubt anyone is going to chase you down over this one violation, especially given the type of offense ticked for. In a few years it'll be buried deep in the data base and no one will care, unless you add new violations to your pile.
VERY bad advice. Do not take your chances, just pay the fine if there is a possibility. If not, I’d probably get a lawyer to take care of it.

Also, follow up on the online system to see if the ticket is actually posted before the 30 days expiration, because it may post after. You have to search under criminal violations.

In my case, I waited until the last day, still not posted, so I went down to the downtown court in Miami (8th floor) and paid into the ticket everthough it was not posted.

If you fail to pay, they automatically issue arrest warrant.

Originally Posted by VaporTrail1 View Post
That's not true, in a few years you'll get pulled over for speeding and spend that night in jail
most likely

Last edited by JoseG; 01-11-2019 at 09:16 PM.
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Old 01-12-2019, 02:50 AM
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Kayaking at night is a great way to scar up someones lower units.
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