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

[ac0j]

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.

Well, I guess someone has to get the money......
My last attorney wanted $1000 up front, and charged me $150 an hour for phone calls in 15 minute increments. Then at the end presented me with a bill for the actual time, and materials. This was over a land dispute that as it turns out, I would not have needed him. All total it cost me $3500. for a slam dunk case for him. I would have done it myself, but it was 500 miles away and I thought I would let him handle it for me.

 

[sar104]

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!

Not necessarily. Impeding the emergency response is a required element of that law, and so simply walking up to the scene would not qualify without other factors.

 

[dirkclod]

Curious, how the op is mia from this post?

He has been on today just not posted .This might be where he was, not sure .
Teen attacked by shark at Beacon's Beach in Encinitas

 

[UAVNV]

Id suck it up and pay the fine.

you wont win this one if you fight it, being at the scene of an emergency, flying, is going to carry the stigma of reckless drone pilot, they will want your flight log if you challenge the citation. will be more than 1000$ most likely.

 

[Photo Booth]

This is why I support MANDATORY aeronautical knowledge testing for ALL drone pilots. There are a LOT of people with drones out there "making mistakes". There are ALREADY rules that MUST be followed per Section 336 (which were quoted earlier in the thread). Not being aware of those rules is NOT a valid excuse. Being aware of them and violating them anyway is really dumb thing to do.

At noon Eastern on Wednesday, the Senate will vote on HR 302. If they pass it (which is widely expected) and the guy in the White House signs it then aeronautical knowledge tests will be mandatory for everyone that wishes to fly a drone. Although the Bill contains other language that bothers me, the part about required testing is a step in the right direction as far as I'm concerned.

Mark

 

[JSKCKNIT]

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.

If I were him, I'd consult with an aviation attorney. Most attorneys offer a free initial consult or one for a minor fee. Not to scare the OP or anything, but law enforcement officials are required to report incidents like this to the F.A.A., which may or may not result in further action.

This is where membership in an association, such as AOPA helps.

 

[abtocmeptb]

#1 Stop discussing your legal stuff here. Can be used against you.
#2 Never admit that you knew there were something going on. You were having fun flying by the rules. And the moment they told you there is something going on you followed orders to the T.
#3 If its desk appearance - lawyer up. They will drag that thing for a year or two and you end up dismissed or paying silly $100 fine. Without lawyer you may end up as an example to all of us with with few Ks in fine.

 

[Defens]

California Penal Code Section 402
402. (a) Every person who goes to the scene of an emergency, or stops at the scene of an emergency, for the purpose of viewing the scene or the activities of police officers, firefighters, emergency medical, or other emergency personnel, or military personnel coping with the emergency in the course of their duties during the time it is necessary for emergency vehicles or those personnel to be at the scene of the emergency or to be moving to or from the scene of the emergency for the purpose of protecting lives or property, unless it is part of the duties of that person s employment to view that scene or activities, and thereby impedes police officers, firefighters, emergency medical, or other emergency personnel or military personnel, in the performance of their duties in coping with the emergency, is guilty of a misdemeanor.

(b) Every person who knowingly resists or interferes with the lawful efforts of a lifeguard in the discharge or attempted discharge of an official duty in an emergency situation, when the person knows or reasonably should know that the lifeguard is engaged in the performance of his or her official duty, is guilty of a misdemeanor.

(c) For the purposes of this section, an emergency includes a condition or situation involving injury to persons, damage to property, or peril to the safety of persons or property, which results from a fire, an explosion, an airplane crash, flooding, windstorm damage, a railroad accident, a traffic accident, a power plant accident, a toxic chemical or biological spill, or any other natural or human-caused event.


Looks to me like the citation is a valid one - although YOU weren't on the scene, your drone was.

I've always had great success in defending against traffic violations by appearing in court myself, without representation. Usually the violation is thrown out, the rest of the time the fine is lowered considerably. Although you could retain an attorney, if I was in your position, I'd just request a hearing, plead my case that I did not knowingly enter a rescue operation and following police instruction as soon as I was made aware of the situation.

The other alternative would be to retain one of the attorneys that specializes in drone law. There are a few. It may be that it would only take a letter to the judge (not even an appearance) to get this dismissed.

 

[BD0G]

If it were me I would fight the citation. I would indicate that I checked for TFR's (Temporary Flight Restrictions) that concern the area that one was planning on flying within. Then I would state that at the time I saw no posted TFR's. using the FAA provided B4UFLY application. Since the FAA had not issued a TFR at the time then there were no restrictions in place and I flew my drone.

Fine will be reduced if you show up and plead your case. Fine will still be issued. No idea what cost . Payment plans for large fines are always an option. Dont sweat it and do fight it. Report outcome here to keep other flyers / pilots updated with actual fines and penalties.

 

[tcope]

If it were me I would fight the citation. I would indicate that I checked for TFR's (Temporary Flight Restrictions) that concern the area that one was planning on flying within. Then I would state that at the time I saw no posted TFR's. using the FAA provided B4UFLY application. Since the FAA had not issued a TFR at the time then there were no restrictions in place and I flew my drone.

The OP is not clear but it appears that the officer issued the citation for interfering with the helicopter in the area. I'm not sure why you'd think a TFR would be at all involved. There indeed _is_ a restriction... you cannot interfere with a manned aircraft!

The OP also should not be operating a drone that interferes with a rescue or police investigation. The OP himself would be in violation and he is standing on land.

 

[BD0G]

Thats a good point ! Its situational as he may have shown up before or after the authorities were on scene.
If they were already on scene then yes he was clearly in the wrong. If they showed up afterwards well then he had no previous knowledge that there was to be no drone flying in the area.


Many issues in which they bring in a Helicopter or plane for fire retardant drop that are related to an emergency incident do have TFR's issued to protect the manned aircraft that will be flying in the area. My point was to indicate that the OP did take some action to determine if he could fly beforehand to lessen the severity of the offence in the judges eyes (provided it does go before a judge). Even if the OP did not check for TFR's then it is up to them to prove he did not take preliminary steps to determine if flying in the area was acceptable.

I liken it to when I got my first speeding ticket in years and instead of just sending them the fee for the fine. I showed up and stated I have had nothing but an impeccable driving record for over 8 years. I was immediately told they would have the speeding ticket changed to a parking ticket if I paid a reduced fine.

It was a negotiation of sorts. Had I not pleaded my case and shown up I would have had a point or two (not sure if one or two would be assessed) against my driving record and paid a much greater sum. Well worth the time to show up and indicate my position.

 

[ROBERTNCREST]

Start a GO-FUND-ME page to cover your legal expenses. I've heard there are millions in $$$ out there. I saw it on my local news.
best of luck.
Robert

 

[Lapeer20m]

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’ve sat in a courtroom watching a case involving protestors and the opposing attorney entered into evidence comments that were printed from a forum similar to this.

If there is a chance you will go to court you should not “talk” about it on the internet.

 

[ac0j]

I’ve sat in a courtroom watching a case involving protestors and the opposing attorney entered into evidence comments that were printed from a forum similar to this.

If there is a chance you will go to court you should not “talk” about it on the internet.

Well, Comments by people not involved in the crime are not evidence. EVER. If the "protesters" were lying in court, and he busted them with their own posts from the internet, then they got what they deserved.
Doesn't really apply here, the guy got a ticket that amounts to the drone equivalent of jaywalking.

 

[RodPad]

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.

Since the op hasn't been online since Sunday.

"My instinct was to immediately clear the area but the sheriffs told me to bring it home."

"I did not impede anything but by bringing it home instead of listening to my instinct it caused a problem for the sheriff's."

I can not figure this part out.
"immediately clear the area."
Leave your drone flying and flee?

Rod

 

[BD0G]

This is speculation , but I think he meant to fly off to a safe distance away from the area and land his drone. Instead he brought it back to his Home Point which then caused issue for the Emergency responders. This is really unclear!

 

[sar104]

This is speculation , but I think he meant to fly off to a safe distance away from the area and land his drone. Instead he brought it back to his Home Point which then caused issue for the Emergency responders. This is really unclear!

That was my interpretation too, and would be my defense in that situation.

 

[daveiam]

Well, what you did was to interfere in an emergency scene. AND you should have known better given all of the information readily available on flying in the proximity of an emergency.

During my career I was in charge of air operations in the fire department. The rules for interference from aircraft has long been in place. I have no sympathy for you. I would have written the ticket myself. You are lucky you still have your drone.

 

[Chip]

I’ve sat in a courtroom watching a case involving protestors and the opposing attorney entered into evidence comments that were printed from a forum similar to this. ..If there is a chance you will go to court you should not “talk” about it on the internet.

I thought that was why many of us used avatars...

 

[Chip]

In a reckless endangerment prosecution, the knowledge and experience of the drone pilot is directly relevant to whether he understood and appreciated the risk sufficiently to be guilty of a crime. So, if your defense is gee I had no idea that flying over a crowd BVLOS was risky and Ive never ever lost control or had any crash with my Mavic nor am I aware of anyone else crashing anywhere in the known world, then it would open the door to whether you have ever read or posted anything on any social media platform regarding drones and of course are you now or have you ever been a member of Mavic Pilots?