I made a mistake and got a citation. Do you have any advice on the severity of this ticket?

[davidsdrone]

I live at the beach in San Diego and unfortunately, there was a shark attack today at our beach. I flew my drone to go past the beach and look over the ocean. About 5mins after I went up a helicopter entered the area. My instinct was to immediately clear the area but the sheriffs told me to bring it home. As I landed they came to me and gave me a citation it was a 402 (a) 2.

I completely understand now that I shouldn't of even put it up. I did not impede anything but by bringing it home instead of listening to my instinct it caused a problem for the sheriff's.

Any advice on the severity of this ticket or outcomes others have had would be appreciated.

 

[DanMan32]

What was the citation?
If you knew this was a rescue scene, then yes, you shouldn't have flown.
It sounds though you did make an effort to stay clear of aircraft paths once you knew of their existence.

 

[EyeFlightDrone]

How did they see e drone? How did they find you?
Is it a$100 fine? Sorry for the mishap. To err is only human.

 

[DoodlesDad]

I own a home inspection company and drones are somewhat common in our industry and the question came up at our last CE class about fines. Our Instructor told us of 2 fines in North Carolina, one was for $1,000and the other was for $4,000. I am not licensed but also just bought mine for travel. Good luck man, and us know what the damage is.

 

[neggy]

Under what authority? The local cops do not control airspace. If you were operating safely, and moving to avoid the copter, you are in compliance assuming you were not in controlled airspace.

 

[Snowstorm]

Does the citation say what the penalty is?

 

[Drone_guy]

Under what authority? The local cops do not control airspace. If you were operating safely, and moving to avoid the copter, you are in compliance assuming you were not in controlled airspace.

Fly under the Special Rule for Model Aircraft (Section 336)

• Fly for hobby or recreation ONLY
• Register your model aircraft
• Follow community-based safety guidelines and fly within the programming of a nationwide community-based organization
• Fly a model aircraft under 55 lbs. unless certified by a community-based organization
• Fly within visual line-of-sight
• Never fly near other aircraft
• Notify the airport and air traffic control tower prior to flying within 5 miles of an airport
• Never fly near emergency response efforts

 

[tcope]

Under what authority? The local cops do not control airspace. If you were operating safely, and moving to avoid the copter, you are in compliance assuming you were not in controlled airspace.

Sightseeing at the scene of an emergency.

They were not enforcing anything to do with public airspace.

 

[tcope]

Any advice on the severity of this ticket or outcomes others have had would be appreciated.

Took me about 60 seconds to find the following:


convicted can face serious consequences.
In order to prove that a defendant is guilty of sightseeing at the scene of an emergency, a prosecutor must be able to prove the following elements:

1. The defendant went to or stopped at the scene of an emergency
2. The defendant stopped for the purpose of viewing the scene or the activities of police officers, firefighters, emergency medical or other emergency personnel
3. The defendant knew or should have known that the officers or emergency personnel were engaged in the performance of their duties
4. AND the defendant’s act thereby impeded police officers, firefighters, emergency medical, or other emergency personnel in the performance of their duties in coping with the emergency.

Penal Code 19 PC – Punishment for misdemeanors. (“Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor [including sightseeing at a crime scene or accident] is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both.”)

 

[Snowstorm]

Took me about 60 seconds to find the following:


convicted can face serious consequences.
In order to prove that a defendant is guilty of sightseeing at the scene of an emergency, a prosecutor must be able to prove the following elements:

1. The defendant went to or stopped at the scene of an emergency
2. The defendant stopped for the purpose of viewing the scene or the activities of police officers, firefighters, emergency medical or other emergency personnel
3. The defendant knew or should have known that the officers or emergency personnel were engaged in the performance of their duties
4. AND the defendant’s act thereby impeded police officers, firefighters, emergency medical, or other emergency personnel in the performance of their duties in coping with the emergency.

Penal Code 19 PC – Punishment for misdemeanors. (“Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor [including sightseeing at a crime scene or accident] is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both.”)

That rules seems overly broad and draconian. I mean there is always a crowd that gathers to watch something special happening. By this token, then all those rubber neckers slowing down to swatch an accident on the road on the other side would all be guilty of this, given they cause the traffic jam slowing down emergency response.

 

[tcope]

That rules seems overly broad and draconian. I mean there is always a crowd that gathers to watch something special happening. By this token, then all those rubber neckers slowing down to swatch an accident on the road on the other side would all be guilty of this, given they cause the traffic jam slowing down emergency response.

Difference is, interference with the police. In this case the OP hindered a helicopter.

 

[ac0j]

If the OP had walked up on the scene on foot, I would expect nothing more that a $100 plus costs fine. BUT since he did it with one of those NASTY drones everyone hates. They may decide to make an example of him. Time will tell. Keep us posted!

 

[Kilrah]

That rules seems overly broad and draconian. I mean there is always a crowd that gathers to watch something special happening. By this token, then all those rubber neckers slowing down to swatch an accident on the road on the other side would all be guilty of this, given they cause the traffic jam slowing down emergency response.

Yep - but obviously since it's impossible to fine the 300 people who do that they'll just head for the one who's doing it in an unusual manner...

 

[EyeFlightDrone]

Curious, how the op is mia from this post?

 

[gerrymad]

Curious, how the op is mia from this post?

He's gotten smarter. He should say nothing to anybody until the case is resolved. Lawyers will always advise that. The risk is small, but what if he were to say something here that can be used against him?

 

[ac0j]

He's gotten smarter. He should say nothing to anybody until the case is resolved. Lawyers will always advise that. The risk is small, but what if he were to say something here that can be used against him?

OMG! Its just a citation. He didnt do anything that requires a hideout or an attorney.
If it was THAT serious, they would have loaded him in the Sheriff mobile and took him to the steel resort.
Lighten up Francis!

 

[dawgpilot]

If this is an actual misdemeanor, I highly suggest hiring an attorney OP. You probably should delete this post as well and only discuss the case with your lawyer.

 

[gerrymad]

OMG! Its just a citation. He didnt do anything that requires a hideout or an attorney.
If it was THAT serious, they would have loaded him in the Sheriff mobile and took him to the steel resort.
Lighten up Francis!

I know it's not a felony, but the possibility of a $1000-4000 fine would make me a little cautious about what I say and it might be worth getting some proper legal advice.

 

[ac0j]

I know it's not a felony, but the possibility of a $1000-4000 fine would make me a little cautious about what I say and it might be worth getting some proper legal advice.

So give the money to a lawyer instead of the court?
I doubt he will get the maximum penalty, unless he is in front of a Judge a lot. It will almost certainly be less money than an attorney will want to try and squash it.

 

[gerrymad]

So give the money to a lawyer instead of the court?
I doubt he will get the maximum penalty, unless he is in front of a Judge a lot. It will almost certainly be less money than an attorney will want to try and squash it.

Without an attorney he could find himself up against somebody who decides to make an example of him. I'd rather have somebody on my side. As you said, he won't likely get the maximum unless he is in front of a judge a lot. A good attorney will keep him out of that situation.