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Wakesurfing Ticket: Need Legal Help!

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    Wakesurfing Ticket: Need Legal Help!

    Guys, I know this isnt really "general", but I knew people would see this here. I need some help guys, so anything would be appreciated. I love this sport too much to sell the board off now.

    [ALSO POSTED ON WAKEWORLD]

    We took our Tige Switch V out tonight, on a State lake in Missouri. My dad was learning to surf for the first time on a Broadcast 4'9. I am an intermediate level surfer, and can do a few tricks. After surfing for about 5 minutes, we were promptly stopped by a water patrol officer.

    He actually turned his lights on. I informed the driver (a good buddy of mine, completely competent. He had already seen the officer, and cut the gas.). I signalled cut to my dad, who was confused at what was going on, and ended up surfing by the left side of our boat, grabbing the gunwale before he settled off in the water, after the driver cut the gas. It was his FIRST wakesurf run ever, so he had no idea.

    This is how the conversation went:

    Officer: "License and registration....(blah blah blah).

    Officer: "Let me tell you why I pulled you over. I am issuing you a citation for being WAY too close to the back of the boat. I observed you boarding too close, and actually saw you touch the back of the boat."

    (After a bit of settling down)

    Officer: "When you wake surf, you need to be at least 12-14 ft back, at the end of the rope. "

    Us: "Officer, we are confused, as all of the instructionals said that we had to ride closer to the boat. We were mainting a safe distance according to the video instruction we had."

    [we knew who was right. at this point, we were trying to avoid a ticket.]

    Officer: "Well, I can see how you think that, but you were way too close. We watched videos last week at a local shop, which informed us that the rider should be 14 feet back. I don't know how they get the wake that big, they must have some big water bladders, but that is how it should be done. You were way too close"

    [dead serious about the water bladders thing.]

    Us: "Sir, not to challenge you, but could you please cite the law that we broke, or the legislation that prevents us from being this close on a wakesurf board?"

    Officer: "Uh...(stutters)...I am issuing your driver a citation for...not operating with the highest degree of care.[serious about that too] He should have not been dragging a rider so close! You can take this to court and challenge it if you want, or pay the fine."

    So, after a bit more talking, we "learned" that every other wakesurfer on the lake was at least 14 feet back, and that he had "NEVER" seen anyone as close as we were. Of course, my dad was back about 5-6 feet from the teak, RIGHT in the curl of the wake, just like every other session I (or anyone I know) has ever taken. Its a damn 20 foot boat, it doesnt throw a freaking head high wake. He left us with a $123 ticket, and a couple words:

    Officer: "I don't want you guys to run and hide now ,just because I stopped you."

    Us: "Sir, that is exactly what we are going to do. We cannot surf any further back, its not possible."

    Officer: "Well, that is how far back you have to be."

    Guys, I need help. I don't care about the money, but I want to challenge this in court. I have no court experience, but I KNOW that wakesurfing is NOT illegal in Missouri, and KNOW that justice was totally bent to try to make an example of us. He even told us that we were the first people he gave a ticket to.

    Anyone with a similar experience: I am gonna need some help getting a case together. Thanks for your help.

    Feel free to email me at Gschmidt1@gmail.com


    Add Your Message Here

    #2
    Did the driver and your dad get a ticket?

    Comment


      #3
      just the driver. We are covering it though, and any legal costs, as it was not his call.

      Comment


        #4
        I would contact the officers office and very calmly ask for the supervisor on duty. Discuss the situation with him and see what he says. Sometimes officers don't always understand how to enforce new items such as surfing. You could also call around to the local boat dealers to find out if they know anything(preferly one that sells surf boards).

        Depending on the legal authority you could discuss this with the office of the District Attorney to find out what they know.

        Just remember to be very calm when you discuss as it does not do your case any good to get upset.
        If its not fun, Why do it?

        Comment


          #5
          You can go to court and ask the judge to give the reference to the law that you violated. That should be all it takes. If the judge cannot cite the law that was violated the citation will voided. However, you will still have to pay court costs and that may be as much as the ticket.

          Your best bet, as indicated earlier, is to contact the supervisor, in person, and ask them to show you the law that was violated. If they cannot show you the law then they have to void the ticket. You cannot be cited just because an officer makes up a rule.

          There is no law that I know of that dictates how close you have to be to the boat when skiing or wakesurfing. You do have to maintain a safe distance from other boats, generally a minimum of 100 feet.

          Now as too close to a boat, have you ever seen a barefoot skier? They are just a few feet from the side of the boat and in many cases can touch the boat. So if the supervisor gives you any flack ask him if there is a distance requirement why is barefooting allowed.
          Ray Thompson
          2005 22V

          Comment


            #6
            Barefoot aside, because your still "off" the boat, unlike your pops who actually slapped the boat. 50-50 if you fight it. The officer will show up to court and state the rider was so close that he was "touching" the boat and the case is closed. Sorry, it sucks, but ......
            “Life's journey is not to arrive at the grave safely in a well-preserved body, but rather to skid in sideways, totally worn out, shouting "holy &#*! what a ride!”

            Comment


              #7
              I want to know what state lake it was in missouri.... Cause I just might get the same ticket this weekend.


              We shall see
              "I want to know God's thoughts, the rest are just details"

              Comment


                #8
                What lake were you at? You should get some good responses on wakeworld, I think other people on there have fought this battle. Good luck.

                Comment


                  #9
                  The lake was Blue Springs, just for the info. Thanks for the responses, keep them coming, and Ill keep you all updated!

                  Comment


                    #10
                    Might want to contact Surfdad AKA Jeff Walker, I know he had done some battling with this before...CA I think.
                    "I want to know God's thoughts, the rest are just details"

                    Comment


                      #11
                      Super weak Dude. I don't think there anything I can offer you in the way of advise that hasn't already been said, but I do have a question. If said law does exist, what was the reason for it's inception? Was it a carbon monoxide issue? "Teak Surfing", where you hang onto the platform for as long as you can, is illigal isn't it? That was banned for obvious CO poisoning reasons. Rightly so I might add. "Wake Surfing" is a completely different animal and maybe the officer wasn't quite clear on the difference. Was it really a "you're too close to the boat and you might get run over" situation. Let us know what "law" you find that says anything about a legal "safe distance from the boat". Where's Surfdad? He's the the one we need.

                      -Que patriotic music-

                      "With Surfdads help, we'll take this to the highest court in the land!"


                      In the mean time, I'd like to share my "run in" with The Fuzz last week.

                      The state, California. The lake, Almanor. It was a beautiful, clear day on the beautiful, clear water. I in my driver's seat and my buddy out back. We're surfing along and coming in the opposite direction is Mr. Sheriff. He sees us surfing and immeadiatly turned around and began to follow us. My buddy looked at me wondering what I wanted to do. "What to do?" I thought. "Finish your ride" I hollered. He did. He finished his set with the sheriff off the port stern watching our every move. When he was done, we picked him up and the sheriff and his mustache immeadiatly came over. He stepped onto the bow of his cruiser and said to my buddy "Ya' got a headache?" Ha! I knew the answer to this one. "No sir, he doesn't. I've got an FAE. Fresh Air Exhaust." I stated. I excitedly explained what it was and how it worked. He seemed to know exactly what I was talking about. He replied with "Right on. Just wanted to warn you guys about the dangers of CO poisoning. Looks like you guys know what you're doin'. Have a good day." We saw him a couple of other times thoughout the week pulling over everyone else surfing and helping to make the lake safe. He would pull along side and watch us just to check it out. He'd give a thumbs up and wave and take off. Cheers to that guy.

                      G- Keep your head up. Sounds like you just got tangled up with someone who just doesn't know any better.
                      Last edited by NICKYPOO; 06-30-2006, 02:37 PM.
                      You'll get your chance, smart guy.

                      Comment


                        #12
                        I don't think there is a law against Teak Surfing in Missouri...At least no one has shown it to me, and I haven't found it with quick search.

                        He's probably got you on the reckless operation thing though

                        http://www.boat-ed.com/mo/handbook/oper.htm

                        Especially if your rider was touching the boat while riding. That provision is pretty vague.

                        Here's all the Missouri laws in a pdf.

                        Missouri Handbook
                        "I want to know God's thoughts, the rest are just details"

                        Comment


                          #13
                          You know, I am not quite sure. The only reason he touched the boat was because we had to immediately cut power, causing our rider to drift to the left of the boat. By that point, the boat was dead in the water. I am hoping that the judge will understand this when it is brought up, after all of the examples and diagrams on safe use that I plan on bringing with me.

                          I looked over the reckless endangerment page, and they make no mention whatsoever of safe distance or anything of the sort. The only things listed include safe distance from other boats, and alchohol/drug abuse.

                          Comment


                            #14
                            The problem is that the regulation is so vague that it would be your opinion against his on whether or not you were in the wrong.

                            By all mean, I think you should fight it, but it won't be easy.

                            I fought a similar battle for an "unsecured load" a few years ago. It was the officer's opinion that my retention strap wasn't strong enough to hold the load. I had to show load ratings in court to win.

                            BTW, he pulled me over for something else, and I disagreed with him over that, so that's why he decided my load was dangerous.
                            "I want to know God's thoughts, the rest are just details"

                            Comment


                              #15
                              Wait a minute.....he watched a wake surf video at a shop the other day and now he has an actual LAW to enforce??? How did it get written, voted on and passed through the MO senate and house so fast???

                              Comment

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