Wildlife Photography

[AmericanPatriot2001]

So there was headed back home from public land hunting when I pulled off to the side of the road watching about a dozen deer about an hour after sunlight disappeared. I began snapping pictures of the deer, which is something I always do and have done all my life, when this idiot calls the cops and tells them I'm hunting/spotlighting(I was parked on the side of road and my escalade has HID headlights). Cop pulls up, immediately accuses me of road hunting and writes me a citation for KRS 150.390(1). He stated initially that he had a witness that said I was spotlighting and then reneged on his statement after I didnt fall for his entrapment-like statements.

KRS 150.390(1) states:
(1) No person shall possess, take, pursue, or attempt to take or pursue or
otherwise molest any wild elk, deer, wild turkey, or bear in any manner contrary
to any provisions of this chapter or its regulations.

I've served my country for almost 20 years, always considered myself a highly ethical hunter and I've never recieved a ticket for anything my whole life.
I want to fight it in court but am curious to see others take on my best course of action. Thoughts?

 

[rcb216]

Fight it. You had no spotlight and no gun so it should be easy to win. It is a matter of principal now.

 

[Mya’sdaddy]

Some cameras record time stamps and dates. If your does print them off and present to the court.

 

[Feedman]

Wow,
Did you show him your camera an the pictures?
You should be able to get this tossed. Go see the county attorney

 

[AmericanPatriot2001]

Wow,
Did you show him your camera an the pictures?
You should be able to get this tossed. Go see the county attorney

I attempted to show him the hundreds of photos and he didn't want to hear it.

 

[AmericanPatriot2001]

Fight it. You had no spotlight and no gun so it should be easy to win. It is a matter of principal now.

I did have my crossbow in the rear bench seat on the floorboard because I had just gotten back from hunting public land.

 

[Mt Pokt]

Good luck.

Ignorance of the law is no defense.

I don't know what the penalty for 150.390 is, but I would go to court and argue that you were merely taking photos and show the evidence. Even if you weren't "hunting" having the weapon in your vehicle at the time makes it tough since the crossbow, hunting equipment, and your attire could be evidence to argue that you were hunting, preparing to hunt, or intent on hunting. And since the laws are about evidence and intent you may be pushing a rope.

Chances are, the officer who wrote the ticket won't even show up and you could get it dismissed on that point alone. This is your best bet since he would have to answer to exactly what he witnessed. And without the person who made the complaint in court as well, the case is pretty thin in my opinion.

It's not about my opinion, the caller's opinion, or the opinion of the officer. It's about the text of the law and it's not in your favor so a favorable judge, magistrate, committee, or whatever is your best hope.


KRS 150.390 Restrictions on hunting wild elk, deer, wild turkey, or bear – Depredation permits — Administrative regulations.
(1) No person shall possess, take, pursue, or attempt to take or pursue or otherwise molest any wild elk, deer, wild turkey, or bear in any manner contrary to any provisions of this chapter or its regulations.

Here's another chapter in the regulation:​

KRS 150.395 Prohibition against use of artificial light.
(1) No person or group of persons may deliberately cast the rays of a spotlight or other artificial light into any field, pasture, woodlands, or forest, whether public or private, where wildlife or domestic livestock may reasonably be expected to be located, or into any inhabited building. This section shall not apply to the rays of headlights of vehicles engaged in a normal course of travel; to employees or agents of the department while on official business; to peace officers in the line of duty; to those engaged in legitimate agricultural activities; or to anyone involved in activities legitimate to his business, occupation, or circumstances including lawful hunting and fishing activities, or any landowner, his immediate family, or any paid employee while working on his land at that time.
(2) Any person who violates the provisions of this section shall be fined one hundred fifty dollars ($150), which shall be prepayable.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 168, sec. 1, effective July 14, 2000. — Created
1990 Ky. Acts ch. 473, sec. 1, effective July 13, 1990.


From KDFWR Search:
SPOTLIGHTING
No person may deliberately cast the rays of a spotlight or other artificial light into any field, pasture, woodlands or forest, whether public or private, where wildlife or domestic livestock may reasonably be expected to be located. Shining artificial lights into private residences or other structures also is prohibited.

This does not apply to: headlights of vehicles engaged in a normal course of travel; lights being used in legitimate agricultural activities; anyone involved in activities legitimate to his or her business or occupation; circumstances including lawful hunting activities; or any landowner, his or her immediate family, or any paid employee while working on his or her land at that time.

No person shall take wildlife, except raccoons, opossums, frogs and fishes, using lights or other means designed to blind wildlife or make wildlife visible at night. Exceptions also apply for coyotes. See the Furbearer Hunting & Trapping section.

 

[bird whisperer]

Sell one of the photos to someone and use a receipt book and or create a invoice and argue the casting of light was supporting your side business.

 

[Dark Cloud]

With the crossbow ,and just shining a light in the field, you might as well take your punishment, unless you can come up with one of our many crooked politicians, you’re screwed

 

[AmericanPatriot2001]

With the crossbow ,and just shining a light in the field, you might as well take your punishment, unless you can come up with one of our many crooked politicians, you’re screwed

But wouldn't that be an admission of an unethical act? I wasn't hunting. The officer didn't observe me hunting, didn't even observe me out of my vehicle. The wildlife wasn't being disturbed in any way and actually they were quite peaceful and grazing.

Since a majority of them are already paired up, its kind of therapy thing for me. I have severe PTSD, Half my vision loss from my right eye and anxiety all from multiple combat deployments overseas.

Granted the ticket is only $230 but I plan on working for Department of Homeland Security once I am retired from the military and don't want a ticket like this to ruin anything.

 

[AmericanPatriot2001]

Sell one of the photos to someone and use a receipt book and or create a invoice and argue the casting of light was supporting your side business.

Haha, I actually considered this but the military has indoctrinated me to live up to a set of values and Integrity is one of them. I can't see myself lying to a judge...

 

[bigbonner]

How dark was it?
Did you have a spot light? Spot light on alone was enough if you had one???? You said after sunset how was you lighting them up?
Was you out of the car?
Did the officer take your bow?

 

[AmericanPatriot2001]

How dark was it?
Did you have a spot light? Spot light on alone was enough if you had one???? You said after sunset how was you lighting them up?
Was you out of the car?
Did the officer take your bow?

It was pretty dark to be honest. I have a spotlight, but I haven't used it for awhile because I'm too lazy to charge it. I pulled off to side of road, my escalade has HID headlights so it was easy to see them. I was not out of my vehicle. I was there probably 20-25 minutes before the cop pulled up behind me.

 

[AmericanPatriot2001]

It was pretty dark to be honest. I have a spotlight, but I haven't used it for awhile because I'm too lazy to charge it. I pulled off to side of road, my escalade has HID headlights so it was easy to see them. I was not out of my vehicle. I was there probably 20-25 minutes before the cop pulled up behind me.

To be clear, my spotlight is not used for hunting. I have it in my road recovery kit.

 

[Hoene]

If you had the headlights on the deer and a crossbow in the car at the same time you probably should pay the fine.