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

[Chip]

...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.

It was a simple mistake. Hopefully, they will see that. If it is a civil infraction with small fine sent in the mail, then that is one thing. But, if it is a criminal charge then consult with local attorney. Nothing to be embarrassed about in this thread btw. It is what it is. BD and SAR said it well:

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.

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

Good luck and take care.

 

[AnzacJack]

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.

Interesting debut post.....

 

[RayOZ]

Incident at the Gold Coast, Australia yesterday.
Drone delays aerial rescue of man washed up on rocks

The article mentioned the pilot hasn't been found, but I heard of the radio yesterday, the pilot was trying to take photos/videos to sell to media.

 

[dewster]

The FAA can impose a fine up to $20,000. First offenders are subjected to this too. It’s something new that the FAA has been giving the green light on.

 

[Glenn Goodlett]

Getting legal advice from a drone forum is a bad idea.

 

[DanMan32]

My interpretation of what the OP wanted to say was that his instinct and action was to clear the drone from the area but his instinctual action didn't satisfy the officer.

 

[BIGLUG24]

With all the wildfires this last few years the are cracking down on people who fly during a emergcey so they are
just trying to make him a exciple to let everyone know they mean bussnice

 

[Dronix]

Flying over an Accident scene and delaying a Rescue sounds like a fine of over $1000. My guess is they nail you for $10,000.

 

[ac0j]

My interpretation of what the OP wanted to say was that his instinct and action was to clear the drone from the area but his instinctual action didn't satisfy the officer.

You could read that if you skimmed his op. What I read was he knew there was a situation so he grabbed his Mavic to fly over and check it out. That was his mistake. Not what he did or didn’t do after he was confronted by law enforcement.

 

[BobDoLe]

Sightseeing at the scene of an emergency.

They were not enforcing anything to do with public airspace.

This is accurate. However it may be relevant for discussion here as California is identifying a UAV in the code.

You got a rubbernecking/interference ticket.
So basically they're saying you came to the scene of an emergency, you stuck your nose in where you knew it didn't belong, and you somehow impeded the first responders.
Quoting it below. Maybe you can find some gray area and get out of it.

​

TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c]
( Title 10 enacted 1872. )​

402.

(a) (1) 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 those 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.​

(2) For purposes of this subdivision, a person shall include a person, regardless of his or her location, who operates or uses an unmanned aerial vehicle, remote piloted aircraft, or drone that is at the scene of an emergency.​

(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 powerplant accident, a toxic chemical or biological spill, or any other natural or human-caused event.​

(Amended by Stats. 2016, Ch. 817, Sec. 1. (AB 1680) Effective January 1, 2017.)​

 

[BobDoLe]

A word of advice....
If the sheriff's deputy told you to bring the drone in (which then caused the drone to somehow interfere with the helicopter and responders), don't expect that deputy to volunteer this information unless that deputy was the one that wrote you the ticket.

 

[dawgpilot]

A word of advice....
If the sheriff's deputy told you to bring the drone in (which then caused the drone to somehow interfere with the helicopter and responders), don't expect that deputy to volunteer this information unless that deputy was the one that wrote you the ticket.

This is one of those situations where having a GoPro recording yourself while flying the drone could possibly save your butt.

 

[BD0G]

Great information Bob Dole!

 

[tcope]

A word of advice....
If the sheriff's deputy told you to bring the drone in (which then caused the drone to somehow interfere with the helicopter and responders), don't expect that deputy to volunteer this information unless that deputy was the one that wrote you the ticket.

IMHO, the following leads me to think some important details were left out; " My instinct was to immediately clear the area but the sheriffs told me to bring it home. "

Seems to me that some interaction went on here that is not being mentioned. I'd say it goes along with what you mentioned.

 

[LV2FLY]

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.

What were the specific reasons/basis for each of the fines? Were the city specific or statewide laws?

 

[kydroneman]

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.

1 year in jail and $1000 fine minimum...........just kidding but honestly shouldn't have flown.

 

[ReadyKilowatt]

I'd probably try to meet with the DA before the court date (even just that morning) and see if I could plea-bargain a deal. If what he says is true that he did practice see-and-avoid and complied with the officer's orders (and no priors) there's a lot of room to negotiate, even without a lawyer.

Of course I'd also do my homework and show there were not TFRs in place, and show the DA my pre-flight checklist.

 

[RickMC]

Does federal law state that the OP can’t do what he did? I’m no expert on the laws but I thought federal law always overrides state laws.

 

[OralndoMavic]

Good morning as the case may be ! Air Map seams to be good about alerting me to air traffic and emergencies. A good app to use in urban areas.

 

[sar104]

Does federal law state that the OP can’t do what he did? I’m no expert on the laws but I thought federal law always overrides state laws.

Interfering with emergency operations doesn't conflict with Federal Law.