[dawn]

I went to Standley lake in Arvada for literally 5 minutes to see how my shoulder felt before I jumped back on the water and got a ticket/summons for court and I am sure a fine. I had boat and paddle confiscated for 3 weeks and now I have to go to court on the 21st. Anyone know anything about how to deal with this? The charges are because I got in the water with the boat without washing it - I live in Arvada and entered in on the Arvada side and there is no one on that side that monitors anything and its a kayak. I guess I am screwed but maybe someone might know of some defense other than being stupid to the rules. A kayak in my mind is not a "boat" and it has never been near whatever they are saying it "might" have.
I just don't understand how my not washing it and them then not even looking at it is acceptable. Don't they have to inspect boats after they are "washed" - why couldn't they look at the boat and the paddle and see it was fine? It can't be that hard to find whatever they are looking for.

 

[shredder-scott]

Sorry to hear ur tale.

I belive the pupose of a washed boat at Stanley Lake is an effort to slow the spread of invasive aquatic specices.

Many invasive species are a small and difficult to spot and stop and can be spread in the bilge water areas of any boat including kayaks.

Let the judge - DA know that ur boat had only been used in rivers, as it is lake to lake transmission not river to lake that they are worried about.


paddle on

shredder scott

 

[coloclimber512]

Sorry to hear about your experience. I live right next to Standley Lake and have used it once when I was learning to roll. I paid the entrance fee and had them wash my boat and they have me no problems getting my kayak on the water there.

They wash your boat for you to spray off any invasive species that may be attached to your craft. Doesn't matter if it's a lake or river species they want to take the precaution. This is a water supply res and they don't want it messed up.

With that said did you look at the rules sign on the Arvada side parking lot?!? I'm pretty sure it says that watercraft can only enter through main entrance and not from that location. Not sure there is much you can do other than wait it out and see if the judge takes your side.

Main thing to remember is follow the rules, read the signs and save yourself the fines!

 

[yak1]

note the DOW exempts kayaks from their inspections.....I have no idea what Arvada does.

 

[GPP33]

Claiming ignorance probably won't get you too far. I'd make up a story about how you pressure washed it with bleach at your house before entering the water.

 

[ridecats]

Try not to insult the judge's intelligence or otherwise make her angry. For example, do NOT say this: "Your Honor, in my mind, a kayak is not a "boat."

 

[yak1]

Or you could do some research and see what invasive species they are worried about. Look at how long they can survive out of water. (Usually a few days) How long it had been since your boat was in the water, where you stored it, run some graphs on how long it takes water to evaporate in Colorado's low RH's and a list of rivers, lakes and pools that your boat has been in in the last..... however long it's been. Then state your case that you fine. Talk to the DA or court clerk to find out what the fine is and pay it.

 

[dirtbagkayaker]

When the judge or DA asks you how you plea, Say "No contest." Apologize for any inconveniences and note how friendly and professional everyone has been. Hope for min fines. That's the best you can hope for.

 

[SteamboatBORN]

When the judge or DA asks you how you plea, Say "No contest." Apologize for any inconveniences and note how friendly and professional everyone has been. Hope for min fines. That's the best you can hope for.

Be as nice as humanly possible without sounding like a total kiss ass, brown noser, and judge hopefully will send you with little or no fines.

 

[Schutzie]

Schutzie has has some experience with judges and DA'S.
I'd recommend that you start by reminding them that you are Merican and you know your rights, and this is all bullshit, by God, as a Kayaker you have the absolute God given right to put your boat in whatever puddle you take a hanker to.

And remind them that they are NOT in a position to judge you, and if you don't get your boat back RIGHT DAMN NOW you're gonna make them sorry they ever heard your name................

Ok, seriously, contact the DA's office and find out who has your file. Explain yourself, that you were just seeing how good your roll and shoulder were doing, your Kayak is clean enough to eat breakfast off of (you know this to be a fact because you do indeed eat your meals off of your Kayak while on the river) and you had no idea you were violating any rules; in fact, you might make the case that you can't read because of a prior brain injury..........OK, sorry, just kidding..........and basically ask what to expect.

If the DA takes a liking to you there's a good chance they'll just drop the charge all together. I mean, it ain't like you peed in their damn lake.....

But at least you'll have a better feel for what the DA has in mind with you. You know, so you know if you should bring your toothbrush to court.

Good luck, hope the humor helped.

 

[dirtbagkayaker]

you had no idea you were violating any rules; in fact, you might make the case that you can't read because of a prior brain injury...........

.

I vote for the brain injury. Go with TBI

 

[elkhaven]

Shutzie has great advice... I've found myself afoul of several "minor" laws before, each time I've written an explanatory note when remitting my fine, and in 3 out of the 5 cases, they've droped the "charges" or reduced the fine. These were speeding tickets, shooting a hen pheasant and shooting 6 minutes before shooting light (all at different times mind you). Not major offenses but ones that the officer in the field held important. One other more significant issue I talked with the DA several times and she "took a likin' to me" and significantly reduced the fines and ultimately recommended to modify the charge significantly. That was, sad to say, for a dui, down to reckless driving. Talking and being honest will likely get you a long ways...

 

[Andy H.]

When you talk to them, having some humility and realizing that they're people like you just doing their jobs and deserve your respect (despite how stupid you may think the rules are) would probably go a long way too. Owning your screw-up and admitting it should be helpful.

-AH

 

[elkhaven]

True Andy, I should have not left it unsaid that you need to be polite and respectful and very appreciative of their time.

 

[Litig8r]

Talking to DA

I would be very cautious about talking directly to the DA. Everything you say can be used against you as an admission. If you do, suck up. Your offense level almost certainly indicates you'll be dealing with a recently law school grad. They are usually on a bit of a power trip. They like their ego's stroked.

At your court date, odds are good that he/she will make you an offer. Unless you know what the possible outcome is, and the usual outcome is, you won't know if it's a good offer. You'll be told the max at your advisement. Only an experienced criminal defense attorney in that area can tell you the usual outcome.

With a clean record, and perhaps some mitigation (i.e. no visible signage between your parking spot and the water access, just moved and not familiar, etc.), you should be able to have this dismissed after paying a small fine.

Best of luck.