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Posted: 11/3/2007 9:46:54 PM EDT
Anyone ever rent a PWC in oceanside?? If you do in the future, beware that you can't ride a PWC w/in 200 feet of a jetty, person, or other marine object. I got a damn ticket by an officer who was just having a bad day I guess. It's total BS as he could've just let us off with a warning since we were returning to the rental facility, but nope, he needed to flex his muscle. Long story short, I got a ticket for H&N code 655.2a for doing a couple doughnuts about 100 feet off the jetty. The cop said it'd be about $150 or so for the ticket. M'kay I'm pissed, but whatever. Well I get home and then make some calls and then find out the D/A's office upgraded it to a g-damn misdemeanor!!!!!! I live in AZ and they want me to fly out for this shit???

So now I've got a lawyer, $4500 flat rate, to try and see what he can do to get it dismissed. The sad part is that I had just gotten done celebrating my one year of being cancer free. Yippee... what a way to have fun. If anyone's with Oceanside PD, feel free to IM me and let me know if this is a common occurance or not. Hell, anyone out there in SD let me know if this is common w/ the locals. Take care ya'll... time to go shoot my hi-cap guns and assault rifles. Sorry, couldn't resist.
Link Posted: 11/4/2007 3:04:01 AM EDT
Oceanslime is a shithole. I lived there for several years. I was unaware the PD had its own harbor patrol. I thought it was patrolled by San Diego SO.
Link Posted: 11/4/2007 6:44:57 AM EDT

Sorry to hear your situation. It's possible that the city is trying to raise revenue and giving out citations is just one way of doing it. DA raising your infraction to a misdemeanor that's a bit much. By the way congrats on being cancer free.
Link Posted: 11/4/2007 7:05:37 AM EDT
Oceanside has their own Harbor Police that is seperate from the PD. They answer to the Harbor Master instead of the PD's Chief. Unfortunately almost all water violations are misdemeanors. I had a girlfriend years ago that was entering the harbor at a little more than the posted 5mph and was making a wake. She was cited for a misdemeanor as well.
Link Posted: 11/4/2007 6:19:59 PM EDT
height=8
Originally Posted By AJFinn:
you can't ride a PWC w/in 200 feet of a jetty, person, or other marine object.

I got a damn ticket by an officer who was just having a bad day I guess.

It's total BS as he could've just let us off with a warning

he needed to flex his muscle.

for doing a couple doughnuts about 100 feet off the jetty.


Hopefully when you have had time to think about this, you will tie all your comments together and realize who the problem is here...

Hint, it was not the officer.
Link Posted: 11/4/2007 7:44:46 PM EDT

Originally Posted By bpd_p379:

Originally Posted By AJFinn:
you can't ride a PWC w/in 200 feet of a jetty, person, or other marine object.

I got a damn ticket by an officer who was just having a bad day I guess.

It's total BS as he could've just let us off with a warning

he needed to flex his muscle.

for doing a couple doughnuts about 100 feet off the jetty.


Hopefully when you have had time to think about this, you will tie all your comments together and realize who the problem is here...

Hint, it was not the officer.


BPD:
I will be the first to admit that I violated a law/ regulation that I didn't know existed. I wasn't told by the rental place about it and I am very well aware of the fact that ignorance isn't a justifiable defense. I am irritated at the officer for writing the citation when a verbal warning would have been sufficient. I showed the officer the same professional courtesy that I was given when I was on his side of the badge. However, I'm more pissed off at the D/A's office for elevating the citation when the officer wrote it as an infraction. And just for the record, I performed about three doughnuts at moderatly low speeds and wasn't driving wrecklessly or erratically. It was just one last shot of fun before I went in. The officer knew that I was heading in b/c he stopped me near the fuel depot. The officer also told me that the citation would only be about a $150 fine and that I could just pay it by mail. WRONG!!! He should have had a clue that the infraction he wrote me was a misdemeanor. I would like to think that officers should know the difference between an infraction violation and a misdemenaor one.
I now know that what I did was in violation of H&N code. I now know that it's going to cost me almost $5k for this citation w/ legal fees and court fees. I also now know that California's laws are restrictive towards a lot of things and the state hits you with big fines for stupid things so they can increase their revenue. And finally, I am 100% sure that I won't be moving to Cali in the foreseeable lifetime. I'll take my fun to Texas. Besides, they don't play enough country music out there in California.
Link Posted: 11/4/2007 7:54:28 PM EDT
height=8
Originally Posted By AJFinn:
height=8
Originally Posted By bpd_p379:
height=8
Originally Posted By AJFinn:
you can't ride a PWC w/in 200 feet of a jetty, person, or other marine object.

I got a damn ticket by an officer who was just having a bad day I guess.

It's total BS as he could've just let us off with a warning

he needed to flex his muscle.

for doing a couple doughnuts about 100 feet off the jetty.


Hopefully when you have had time to think about this, you will tie all your comments together and realize who the problem is here...

Hint, it was not the officer.


BPD:
I will be the first to admit that I violated a law/ regulation that I didn't know existed. I wasn't told by the rental place about it and I am very well aware of the fact that ignorance isn't a justifiable defense. I am irritated at the officer for writing the citation when a verbal warning would have been sufficient. I showed the officer the same professional courtesy that I was given when I was on his side of the badge. However, I'm more pissed off at the D/A's office for elevating the citation when the officer wrote it as an infraction. And just for the record, I performed about three doughnuts at moderatly low speeds and wasn't driving wrecklessly or erratically. It was just one last shot of fun before I went in. The officer knew that I was heading in b/c he stopped me near the fuel depot. The officer also told me that the citation would only be about a $150 fine and that I could just pay it by mail. WRONG!!! He should have had a clue that the infraction he wrote me was a misdemeanor. I would like to think that officers should know the difference between an infraction violation and a misdemenaor one.
I now know that what I did was in violation of H&N code. I now know that it's going to cost me almost $5k for this citation w/ legal fees and court fees. I also now know that California's laws are restrictive towards a lot of things and the state hits you with big fines for stupid things so they can increase their revenue. And finally, I am 100% sure that I won't be moving to Cali in the foreseeable lifetime. I'll take my fun to Texas. Besides, they don't play enough country music out there in California. This does seem kind of odd, as an infraction should never had made it's way to a DA. I have seen DA's bump misdemeanors to felonies, but I have never seen an infraction get changed like that. Do you have a copy of the cite you would be willing to scan and post? It might help clear some of it up.
Link Posted: 11/4/2007 8:50:39 PM EDT
I sure do. However, I'll have to do it tomorrow afternoon. Getting late and I'm on duty at 0500. The specific cite I was written on was H&N 655.2(a). Anyhow, ya'll have a goodnight and we'll continue this tommorrow. Stay safe...
Link Posted: 11/4/2007 11:06:57 PM EDT
[Last Edit: 11/4/2007 11:07:52 PM EDT by DrFrige]
Link Posted: 11/6/2007 1:26:05 PM EDT
[Last Edit: 11/6/2007 1:28:59 PM EDT by AJFinn]
I tried about 10 times to get the letters to come out better on the citation, but it's the bottom copy and well that's the best I could do.

Link Posted: 11/6/2007 3:01:21 PM EDT
[Last Edit: 11/6/2007 3:03:11 PM EDT by Mesa_Tactical]
Why would you pay for a lawyer? For a misdemeanor like this, seems like the best thing to do is go to court and see what the DA is interested in doing with you. It's hard to believe an attorney could make any significant difference in what the DA suggests. Certainly not a difference worth more than a grand.

Texas is a great state for folks who have issues with the law. I hear there are still people there serving life sentences for marijuana possession.
Link Posted: 11/6/2007 3:36:01 PM EDT
[Last Edit: 11/6/2007 3:40:44 PM EDT by 0699TeufelHnd]
Could be because we just had two PWC's collide 3 weeks ago or so killing one and severly injuring the other.

Brothers by the way, and not wearing PFD's.
Link Posted: 11/6/2007 3:43:46 PM EDT

Originally Posted By AR15fan:
Oceanslime is a shithole. I lived there for several years. I was unaware the PD had its own harbor patrol. I thought it was patrolled by San Diego SO.


How long ago did you live here? It's still got its problem areas but it's gotten A LOT better.
Link Posted: 11/6/2007 4:16:24 PM EDT
[Last Edit: 11/6/2007 4:36:56 PM EDT by 92869]
AJFinn,

I'm on your side, I think a couple of the others that have posted on this thread failed to realize your "ticket" was elevated to a misdemeanor. That's not a slap on the wrist, it's boot in the ass! As a former deputy Sheriff from Orange County, let me suggest two possible options:

1)Appear on the court date and say you want a jury trial. Tell them your voir dire process will require about 50 to 75 prospective jurors. Tell them you expect the trial to take several days. When the ass****s realize you're not a cash cow but an expensive litigant they'll drop the charges and cut their losses.

2) There's an attorney somewhere in Orange County (don't recall his name) that is great at getting people off on technicalities! Here's a few that I recall: Got a ticket thrown out in Laguna Beach because the police car wasn't marked properly as per State Law. Got a ticket thrown out in Laguna Niguel because the line on the street wasn't the required width, got a ticket in Newport beach thrown out because the police bike was white and blue and the State law required white and black. In other words he's screwing them with their own crap!!!

Whatever you do, best of luck, sorry for your bad experience here. The place State really sucks.
Link Posted: 11/6/2007 5:10:57 PM EDT
Link Posted: 11/6/2007 8:10:07 PM EDT
I looked up the code for you and it turns out that the violation is a misdemeanor, not an infraction. Either the officer made a mistake, you heard incorrectly, or he lied to make you go away. The DA probably did not upgrade to a misdemeanor, it is one.

655.2. (a) Every owner, operator, or person in command of any
vessel propelled by machinery is guilty of a misdemeanor who uses it,
or permits it to be used, at a speed in excess of five miles per
hour in any portion of the following areas not otherwise regulated by
local rules and regulations:
(1) Within 100 feet of any person who is engaged in the act of
bathing. A person engaged in the sport of water skiing shall not be
considered as engaged in the act of bathing for the purposes of this
section.
(2) Within 200 feet of any of the following:
(A) A beach frequented by bathers.
(B) A swimming float, diving platform, or lifeline.
(C) A way or landing float to which boats are made fast or which
is being used for the embarkation or discharge of passengers.
(b) This section does not apply to vessels engaged in direct law
enforcement activities which are displaying the lights prescribed by
Section 652.5. Those vessels are also exempt from any locally
imposed speed regulation adopted pursuant to Section 660.
Link Posted: 11/6/2007 8:28:48 PM EDT

Originally Posted By 0699TeufelHnd:

Originally Posted By AR15fan:
Oceanslime is a shithole. I lived there for several years. I was unaware the PD had its own harbor patrol. I thought it was patrolled by San Diego SO.


How long ago did you live here? It's still got its problem areas but it's gotten A LOT better.


1989-1998

Could hear gunshots from my apartment every weekend night and most weeknights. Was the attempted victim of one carjacking and two ADW's during that time. in all three instances just producing my sidearm ended the crime.
Link Posted: 11/6/2007 8:30:51 PM EDT
At your first appearance you are going to speak to some boot assistant DA whose job it is to clear all those petty misdemeanors. Shes going to offer to let you plead down to an infraction with a small fine plus court costs.

Link Posted: 11/7/2007 6:19:41 AM EDT

Originally Posted By AR15fan:
At your first appearance you are going to speak to some boot assistant DA whose job it is to clear all those petty misdemeanors. Shes going to offer to let you plead down to an infraction with a small fine plus court costs.



Yep, and a $4,000 lawyer's sole contribution to this discussion will be, "You should take that deal. My secretary will send you an invoice tomorrow."

In any case, a misdemeanor is not really a big deal . . . for someone who, you know, actually committed the crime in question.
Link Posted: 11/7/2007 9:34:26 AM EDT

Originally Posted By tatsuosan1964:
I looked up the code for you and it turns out that the violation is a misdemeanor, not an infraction. Either the officer made a mistake, you heard incorrectly, or he lied to make you go away. The DA probably did not upgrade to a misdemeanor, it is one.



With all due respect, I didn't "[hear him] incorrectly". Look at the citation, about halfway down right next to the citation. If you look closely, you can see where he circled "I" which would be an infraction. I hired a lawyer by the name of Rick Layon. I called around and he's got great references. That and the fact I was stationed with one of his family members when I was a weapons specialist w/ Uncle Sam. Anyhow, I'm still keeping my fingers crossed and hoping this crap doesn't screw w/ me getting on with I.C.E. It shouldn't and if it does I'm going to be all kinds of royally pissed off!!
Link Posted: 11/7/2007 4:31:42 PM EDT
[Last Edit: 11/7/2007 4:37:43 PM EDT by FireControlman]

Originally Posted By 92869:

1)Appear on the court date and say you want a jury trial. Tell them your voir dire process will require about 50 to 75 prospective jurors. Tell them you expect the trial to take several days. When the ass****s realize you're not a cash cow but an expensive litigant they'll drop the charges and cut their losses.


Had a relative who is a retired LA county deputy give me very similar advice, actually the voir dire part was quite lengthy.

Link Posted: 11/7/2007 4:42:46 PM EDT
[Last Edit: 11/7/2007 4:43:12 PM EDT by FireControlman]

Originally Posted By AJFinn:

Originally Posted By tatsuosan1964:
I looked up the code for you and it turns out that the violation is a misdemeanor, not an infraction. Either the officer made a mistake, you heard incorrectly, or he lied to make you go away. The DA probably did not upgrade to a misdemeanor, it is one.



With all due respect, I didn't "[hear him] incorrectly". Look at the citation, about halfway down right next to the citation. If you look closely, you can see where he circled "I" which would be an infraction. I hired a lawyer by the name of Rick Layon. I called around and he's got great references. That and the fact I was stationed with one of his family members when I was a weapons specialist w/ Uncle Sam. Anyhow, I'm still keeping my fingers crossed and hoping this crap doesn't screw w/ me getting on with I.C.E. It shouldn't and if it does I'm going to be all kinds of royally pissed off!!


In this case you are guilty but you're pissed it's now a misdemeanor, and I understand that, well it looks like your best bet is to get it down to an infraction + fine.

Look at your crime, riding a PWC and got a ticket while visiting another state. I don't see that holding you up for anything unless this is the 2n'd or 3'rd year in a row, LOL.
Link Posted: 11/8/2007 5:03:24 AM EDT

Originally Posted By Mesa_Tactical:
Why would you pay for a lawyer? For a misdemeanor like this, seems like the best thing to do is go to court and see what the DA is interested in doing with you. It's hard to believe an attorney could make any significant difference in what the DA suggests. Certainly not a difference worth more than a grand.

Texas is a great state for folks who have issues with the law. I hear there are still people there serving life sentences for marijuana possession.


I would have to respectfully and vehemently disagree with this advice. The "Lautenberg" addition to the Gun Control Act at the Federal level drew a whole new line in the sand and clearly set the precedent that todays "petty misdemeanor" could retroactively become tomorrow's reason to negate your right to own a firearm. While I won't pretend to know the circumstances of your situation and can appreciate that spending money on lawyers is no fun, by all means fight this until it's either tossed, you beat it, or it's pled down to a non-criminal/citation level.
Link Posted: 12/3/2007 1:14:16 PM EDT
[Last Edit: 12/3/2007 1:15:00 PM EDT by AJFinn]
After the money and lawyer, I was able to finally put this to rest as an infraction w/ $200 fine. Rest assured that A) I won't do that again, B) I won't rent a jet ski in oceanside, and C) I'd still like to correct the officer for not having a clue as to what he was actually writing me up for. I sent him a letter advising that he should be informed that citation is a misdemeanor and not an infraction as he wrongly stated. And I also wished that he stay safe and have a happy holidays (for those of you who think I wrote a "nasty-gram"). BTW I addressed it to the officer and nobody else. Didn't want him to think I was filing a complaint or anything. I even signed it, "Thanks for your work".


Well ya'll have a Happy Holidays and remember that this is the time of year for muggings, burglaries, thefts, robbery, hit-and-runs, and most importantly, quality time with the In-Laws... which is probably the most dangerous of ALL!
Link Posted: 12/3/2007 8:21:21 PM EDT
The bottom line this poor f----- was having fun on jet ski not drunk didn't hurt anyone , spending money in the CALIFORNIA economy and now he is charged with a misdemeanor!!!!!!! This goes out to everyone in AMERICA we need to wake up before it's to late..
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