Challenging DFO Ticket- anyone done it?

Sea.S.I said:
My point is that the DFO likely has sufficient evidence to demonstrate the burden of proof, namely that the hook was not crimped as per the regulation. I'm guessing that the judicial system probably won't hear that he "attempted" to crimp it. Usually, it's either crimped or not. If precedence suggested that "attempts" were dismissed, they likely wouldn't write the tickets and go through the effort.
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You suggest that every DFO officer has perfect judgment and is infallible everyday all day. Crap even brain surgeons have bad days. If you don't believe that read the book "Do No Harm". I have wondered what the term crimped barb meant for years as most of my fishing and acquaintances have their own definition of what it is, examples like scratch fingernail, pull thread on clothing etcetera. That's why I put that exact question to three DFO officers at last years Vancouver boat show. The exact answer that all three officers agree on was that a reasonable attempt had been made to crimp the barb. The answer came quickly and concisely without debate. From watching Pescador's posts on this forum I find him to be both reasonable and experienced. So I hope he does take the matter to court and reports back to the forum. Having said this I know that if I were issued the same ticket even when I knew that I had made a reasonable attempt to crimp the barb that I, like most fisherman would just pay the ticket because its just plain easier and cheaper to do than to go to court. I'm suggesting that many DFO officers know this and the fact that it was the new fisherman son in law who got the ticket may have led the officer to think it would never see the inside of a court room. I further suggest that if Pescador does take the matter to court that it may be thrown out before the trial when the Crown looks at the case.
 
Keith Brown said:
You suggest that every DFO officer has perfect judgment and is infallible everyday all day. Crap even brain surgeons have bad days. If you don't believe that read the book "Do No Harm". I have wondered what the term crimped barb meant for years as most of my fishing and acquaintances have their own definition of what it is, examples like scratch fingernail, pull thread on clothing etcetera. That's why I put that exact question to three DFO officers at last years Vancouver boat show. The exact answer that all three officers agree on was that a reasonable attempt had been made to crimp the barb. The answer came quickly and concisely without debate. From watching Pescador's posts on this forum I find him to be both reasonable and experienced. So I hope he does take the matter to court and reports back to the forum. Having said this I know that if I were issued the same ticket even when I knew that I had made a reasonable attempt to crimp the barb that I, like most fisherman would just pay the ticket because its just plain easier and cheaper to do than to go to court. I'm suggesting that many DFO officers know this and the fact that it was the new fisherman son in law who got the ticket may have led the officer to think it would never see the inside of a court room. I further suggest that if Pescador does take the matter to court that it may be thrown out before the trial when the Crown looks at the case.
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To add to that, from my experience in speaking with crown counsel on my own case, they rely on the officer submitting evidence and then making it clear whether or not they intend to show up at all.
 
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