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Discussion Starter · #1 ·
If you get a written warning for a game law violation, is that handled in the same manner as a traffic violation? Does the PGC list these procedures on their website?

Thanks.
 

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Yes, it will be either a non-traffic citation or a criminal complaint depending on the violation. You will either send your guilty plea to the DJ or appear before a District Judge and have a hearing. The DJ will access the appropriate fine and costs if found guilty of plead guilty.

The PGC will decide on any additional penalties such as license suspension,civil penalties, cost to replace game etc.
 

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Discussion Starter · #3 ·
My brother and I were nailed for spotting at 11:15. Our fault for not knowing the time.

The officer said no fine, just a written warning...mean anything?
 

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Discussion Starter · #4 ·
Sec. 2311. Restrictions on recreational spotlighting.

(a) Unlawful acts. - It is unlawful for any person to cast or to assist any other person in casting the rays of a spotlight, vehicle headlight or any other artificial light of any kind from any vehicle, watercraft, airborne craft or any attachment to such vehicles or crafts:

(1) Upon any building at any time.

(2) In any manner which frightens, excites or harasses any livestock, poultry or other farm animal.

(3) To search for or locate for any purpose any game or wildlife anywhere within this Commonwealth, other than specified in paragraph (4), daily between the hours of 11 p.m. and sunrise on the following day.

(4) To search for or locate for any purpose any game or wildlife anywhere within this Commonwealth at any time during the antlered deer rifle season and during the antlerless deer rifle season.

(5) Upon photoelectric cell lights.

The provisions of this subsection shall not apply if it is proven that the headlights of a vehicle or conveyance were being used while traveling on a roadway in the usual way.

(b) Penalty. - A violation of this section is a summary offense of the fifth degree.
 

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My assumption is if he/she warned you, you are fine!.....He/she should've/would've cited you on the spot. Meaning you would have received a citation at that point.

I don't want to speak for the officer but you should thank your luck that you didn't receive a fine.

No matter how many times I read the law I learn something new, continue to read the law.

The Game Digest (you get with your hunting license) does not have every game law written in it.
 

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You will not be getting anything further in the mail or otherwise... the written warning covers it...

if you were going to get a citation for it, they would have either issued it in the field to you, or they would have told you that you would be getting your copy in the mail ...
 

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Because it was only 11:15 and there were no other violations involved most officers will give you the benefit of the written warning. No further action will be forthcomming. It is always an officer call to cite or warn each case is handled on it's own merit.
 

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SDWlucas
There would not be a criminal complaint involved it is a summary offense and if necessary only a citation would ever be issued. I do not think it has anything to do with luck that they were not fined. Just good law enforcement and judgement, plus they were on 15 over, plus that offense alone without any prior offense is never a license revocation.
 

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Discussion Starter · #10 ·
Thanks for all the responses guys...you answered all my questions. I feel bad for my brother because it is mostly my fault and I should have been smart enough to check the time. I would rather get caught doing 90 in a 55 than break a game law but I suppose from now on we'll both make sure that it is during hours.

I hope you all have a good Thanksgiving and good luck hunting monday unless you are hunting close to me.
 

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The warning will not effect you one way or the other unless the Officer finds you in the same situation again.
 

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A written warning copy will be given to you and a copy is kept by Harrisburg and the WCO and the Deputy if they issue it. It can only be given if a citation could have been issued.
 

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ancient indian said:
SDWlucas
There would not be a criminal complaint involved it is a summary offense and if necessary only a citation would ever be issued. I do not think it has anything to do with luck that they were not fined. Just good law enforcement and judgement, plus they were on 15 over, plus that offense alone without any prior offense is never a license revocation.
If you read the original post, Hank did not say what he was in trouble for.
 

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It's called "enforcement discretion". A term that is not in every law enforcement official's vocabulary. Fortunately for you, that particular officer used it (but he didn't have to as it was 11:15 and you were clearly guilty).
 
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