I didnt know they could do that

(deltaratmike) · (deltaratmike) **Join Date: Jun 2008** 12-15-2009, 10:37 PM

December 4th i got a ticket for winching in casting ponds in los gatos and only got 1 hit over the gap before the rangers showed up. so i figured it wasnt going to be so serious but the ranger i got just so happened to have his panties in a bunch that day and not only wrote me a ticket(infraction) for opperating a self propelled motor vehicle in a place not allowed.

so i have been trying to get it back these past 11 days but couldnt do much because i didnt have the notice in the mail. once i got the notice in the mail, the same ranger had changed my ticket to a (mistameaner*), for reckless and negligent activity and i have a court date now to attend before i recieve the winch back from them is what i have been told.

im still trying and going to keep trying because i am not waiting until february 22nd to go to court to pay my fine. so i guess im just venting/looking for any advise from anyone on here about what to do. i just wanna ride dammit

(watson_134_lf)

this happened to someone a while back. there was actually a video of it....
i guess it was a big deal and the dudes almost wen to jail

(digg311) · (digg311) **Join Date: Sep 2007** 12-16-2009, 12:04 AM

How can a winch be considered a motor vehicle? It doesn't move!

(wake1823) · (wake1823) **Join Date: Dec 2005** 12-16-2009, 6:24 AM

U should be able to get out of the ticket on the technicalities alone, IMO.

(blowhole) · (blowhole) **Join Date: Nov 2009** 12-16-2009, 6:44 AM

get a lawyer and fight this what a jhole

(wakemikey) · (wakemikey) **Join Date: Mar 2008** 12-16-2009, 8:06 AM

They TOOK your winch? wow. Not sure you really need a laywer but if you go to the court date I would guess it might be dropped. Silly.

(vin) · (vin) **Join Date: May 2007** 12-16-2009, 8:39 AM

why did they take the winch?seems like you should of got the ticket and been asked to leave,no reason for him to take the winch,he didnt take your board right?just does not add up too me.

(liquidmx) · (liquidmx) **Join Date: Jun 2005** 12-16-2009, 9:32 AM

Some things I would suggest for your court date is to present yourself well. (dress nice, dont slouch, dont use slang, act proper, dignified and responsible)...this will go a long way with the judge. I would also posture myself as being very confused as to what I "did" wrong. Asking questions like "What exactly is a self propelled motor"..."what is the definition of a self propelled motor, there is no propeller on my winch". etc. etc. Kind of a Columbo type thing...act confused and curious...like you didnt know you were doing anything wrong. I would also start doing your homework on the laws associated with the fine and ticket so you have a valid defense.

Mike hit me up w the details.

(onthewatermo) · (onthewatermo) **Join Date: Jan 2008** 12-16-2009, 9:59 AM

...unless the judge is no nonsense, calls the case, asks for a plea and will not listen to anything other than "guilty/not guilty (and set it for hearing which is where you go Columbo)".

(deltaratmike) · (deltaratmike) **Join Date: Jun 2008** 12-16-2009, 12:43 PM

Andy thats funny and i think i would haha

but i told him that i was taking my board with me. the real part that pissed me off was that there was 2 of them. the 1st ranger guy was a total a-hole and the 2nd guy came up and asked me where the good spots are around here, where i normally ride at, and the 1st question he asked me was,"is that a grinch winch?!" Plus he told me he helped Arun set up the wakesurf contest at Calero a few years back and for future reference i could get a permit for stuff like this. but because of the timing i got stuck with ranger dick and now im in trouble lol

so obviously if i got the 2nd ranger to come 1st i would have been fine seeing as how he wakeboards and has an X7 and rides and anderson all the time.

(liveoz) · (liveoz) **Join Date: May 2002** 12-16-2009, 1:34 PM

mabey the second ranger now has your winch

(dlwsrider) · (dlwsrider) **Join Date: Apr 2007** 12-16-2009, 1:38 PM

Maybe the 2nd ranger is winching that same spot right now

.

Can't believe they confiscated the winch.

(alevitt) · (alevitt) **Join Date: Aug 2006** 12-16-2009, 1:45 PM

"(mistameaner*)"
Hahaha! That's the funniest thing I've heard all week, thanks.

(spearing) · (spearing) **Join Date: Sep 2005** 12-17-2009, 7:42 AM

Maybe the first ranger is operating your winch for the 2nd ranger at the disclosed secret locations you told him about lol.

No really though that sucks, listen to M-dizzle and you will get all your stuff back and no fine chances are the ranger wont even come to court.

(clubjoe) · (clubjoe) **Join Date: Sep 2005** 12-17-2009, 10:46 AM

Mike,

Acting like you're clueless or asking stupid questions will only hurt you in court. I think your biggest argument may be you were originally detained for an -infraction- involving the use of a self-propelled motorized vehicle in an unauthorized area. I don't think a wakeboard, winch or both qualifies as self-propelled. In addition, when the ranger changed it to a completely different offense, he was probably advised the same.

The fact that you are a wakeboarder may help you because the activity is something you are experienced at, ruling out a clear-cut reckless charge. Check to see if there is a no water entry ordinace there. I think the "reckless" and "negligent" is gonna be reaching at best. If there isn't a no entry ordinance then I would think you would have a good chance of getting it dropped because of bad probable cause for the stop, and the fact you are engaging in a non-prohibited activity you are experienced at.

Also, I think because it was an infraction LATER changed to a misdemeanor, they might have to submit it to the D.A. for charges, instead of just upgrading, because of the time lapse between the change in charges, and the fact that you were originally cited for an infraction. Check the date on the correction and take it with you.

I think changes in citations are more for clerical correction and not for upgrading and/or completely changing an offense. A midemeanor cite is actually an arrest. Take it with you to court.

If you get it tossed, you can ask the court to have the storage fees dropped. Sounds like you have a ton things in your favor... Ask that it be dropped and ask to explain why.

BTW- I'm not an attornry and don't have a clue what I'm talking about

....... good luck!

(Message edited by clubjoe on December 17, 2009)

(dwday) · (dwday) **Join Date: Dec 2008** 12-17-2009, 11:13 AM

Mistameaner or mistabobdobalina from the shredtown vid???

Im with clubjoe on the attack the charge in a non-abrasive way. Goodluck though!

(deltaratmike) · (deltaratmike) **Join Date: Jun 2008** 12-17-2009, 11:55 AM

Joe,
Thanks a bunch for all the advise. Im going to take all the info with me and try to get this all worked out.
The notice i got in the mail was marked on the 5th which is a day after i had got cited the 1st time. Does that help any?

Anyways, thanks everyone and when i get an update on the situation i will let you know

supraguy 12-21-2009, 5:14 PM

I don't understand how they could take the winch. Back in the day when I skateboarded a lot was the same deal, season a spot and get kicked out some times rent a cops and depending on the spot a real cop. The never took our boards and I don't see how that is even legal.. Dose anyone know if it is in fact legal ?