Lose License Privileges

brutus54

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LAST EDITED ON Feb-06-15 AT 02:06PM (MST)[p]I don't know if this has been brought up about the Hyde Park Poachers. I found this in the Guide Book about losing Hunting and Fishing Privileges. The Judge or Prosecutor do not have A say in what happens to Poachers when it comes to License Suspension?? It is all in the hands of the DWR ????. I hope they do the right thing and start hammering these Poachers hard. Some lifetime bans might make others think twice!
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Thanks for that link! That is a great alternative if the courts do not see fit to suspend license privileges of a convicted violator in Utah. Since Utah is a Wildlife Violator Compact state, a suspension automatically carries over to more than 40 other states! It was also very interesting to note how violations have gone down significantly in Texas after reading the links posted by DW in the other thread. It looks like Tri doesn't have much say in his own state with the stiff sentences that are now being handed out for trespassing and poaching down there that also includes mandatory jail time in a number of the violations! Shame on Texas for putting people away for some of the more serious wildlife crimes!
 
LAST EDITED ON Feb-06-15 AT 01:43PM (MST)[p]Courts absolutely have the ability to revoke hunting licenses/privileges. It is not just the Division and Wildlife Board. These possibilities are in addition to what the courts can do. Courts aren't bound by stupid time frames the way the Division is either.

Here is what chaps my hide about Utah's license suspension laws by the Division, and what I will continue to try and get changed: A person convicted of a felony for knowingly, intentionally, or recklessly poaching can only get a 7 year license suspension. Class A misdemeanor (the Hyde Park case) is 5 years max. If the animal meets the definition of "trophy animal" under statute then the hearing officer has the ability to double the penalty. This is the max for any one single criminal episode, not for each count you are convicted. So the Hyde Park case, if left up to the Division to suspend privileges, is 10 years suspension max...since that buck meets the definition of "trophy animal."

So let's pretend for a moment that I head down to the San Juan and find a bachelor herd of 4 trophy bulls all scoring 375 or better on their winter grounds in a clearing. I don't possess any big game hunting license, as all the hunts are closed. I decide I'm a little bored, and I decide I'm going to just kill them all for kicks and giggles. The longest the Division can suspend my hunting privileges in Utah is 14 years. That is a complete and total joke.
 
Vanilla---I'm quite aware of what you stated , but maybe from the ??? in the OP he doesn't. Thanks for the information on what the DWR can do for a max. 14 years is a pretty good sentence, but I'd agree in your particular scenario that the guy should get a few years in the slammer from the courts along with a lifetime suspension to even breathe anywhere in the field again!
 
I'm pretty sure license suspensions can only come from the department. The courts just have to convict you first. The judge can't order that you lose your license. I know for a fact that's how it is in AZ and reading into it it looks like UT is the same.
 
LAST EDITED ON Feb-08-15 AT 10:34AM (MST)[p]>I'm pretty sure license suspensions can
>only come from the department.
>The courts just have to
>convict you first. The judge
>can't order that you lose
>your license. I know for
>a fact that's how it
>is in AZ and reading
>into it it looks like
>UT is the same.


You need to look into what you're saying because most states now have loss of privileges right in their laws as part of the penalty for various violations or allow the presiding Judge to revoke privileges at sentencing using his judgment. Many need to be upgraded as to the penalties, as discussed on this Hyde Park buck poaching, and many need to have minimum penalties instituted so that a Judge has no say upon conviction when sentencing the guilty party. There are now over 40 states in the Wildlife Violator Compact that automatically pull a person's privileges for the same amount of time as the person gets in the state where the conviction occurs. I believe most states have the ability to remove privileges even if a case doesn't go to court when a ticket is issued for certain serious things and the law the person has violated states there is a mandatory suspension. A person would need to go to court to enter a not guilty plea and go through the procedures to try and have the ticket dismissed or be found not guilty.
 

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