Legal Question in Criminal Law in Hawaii

Contestable?

I recently received a citation from a game warden for using a fishing net measured at 1/8th of an inch less than allowed. My father made the net (3 years ago) using a template that makes the eyes of the net 2-1/8". The regulations state that the eye should be at least 2". My net measured 2-1/8 when it was finished therefore I always assumed my net would be that size (nylon doesn't shrink very much). I had no intention of breaking any fishing laws, if I knew my net was illegal, I would have not used it. Is this something that I could contest? Or is this something where I should just plead guilty for because I broke the law, although inadvertently?


Asked on 11/30/98, 3:58 am

2 Answers from Attorneys

Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: Contestable?

I'm not licensed in your state, only in Montana, so what I'm advising is that you contact a lawyer in your state and do a risk analysis. See what you have to lose and compare that to the costs of a criminal defense. There may be some future consequences to a plea of guilty that you might be unaware of unless you contact a knowledgable criminal defense attorney. Good Luck!

Mark Sullivan

Mark R. Sullivan - Attorney at Law

1204 1st Ave. E, Ste. A


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Answered on 1/15/99, 10:45 am
Alan Pransky Law Office of Alan J. Pransky

Re: Contestable?

While it sounds like a minor matter, it is probably worth a shot at a trial. Bring the net and show the

judge or jury how you measure the net. Let the warden explain how he measured it. You may win.

Alan Pransky

Law Office of Alan J. Pransky

20 Eastbrook Road


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Answered on 1/18/99, 7:54 am


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