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vini

I'm vini new here cited by DFG for dredging, california

Appreciate the site and i'll be gathering info and researching to fight the illegal citation i got for dredging here in california, DFG-5653 suction dredge equipment is what citation says.

They also gave the guy who was with me the same citation because he had a wet suit on, i told officer it was my dredge i was dredging, i transported my dredge, he helped me unload it that was it, i was on the nozzle.

Anyhow recognize a few names here and glad to read all the help we're getting, and i'm in to the end i will fight this all the way.....

Thanks again,

Vini
Wallrat

Just how do you plan on taking them on? Myself and the Crossmans have had a battle this year. I'd like to hear your strategy: illegal takings? You might also go to PLP for more info and help. Luck to you, and Welcome!
vini

Hey wallrat loved reading your thread and glad you won.

Welp first of all  i'm going to suggest they DISMISS once the laughter stops i'll plead not guilty.

I'm still researching and will be getting together with a few guys to put a statement together and we'll be using federal law against there state laws and what ever other crap they decide to use against me.

At thistime we are in a 5 year moratorium due to lack of state funds to POLICE us. We're not supposed to be policed in the way they want it done here in california, we're supposed to have rights as miners and i can use a whole bunch of law on that note but we're going to break it down to hte most damning against this prohibition, thats the word the DFG officer used.

I do need to work on this quite a bit like the officer mentioning turbidity as soon as he walked up shoot thought I was going to get hit for that also.

I have taken notes from here from miners rights, i'm going to use the most powerful words i can find in my statement to the court, likes these,

30 U.S.C. 21a.

The Mining Act provides for the free and open exploration of public lands for valuable mineral deposits.   Specifically, the statute states:

Except as otherwise provided, all valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, shall be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States and those who have declared their intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States.


talked with PLP i can get some assistance with things from them and i have a guy helping who is a board member there and a personal friends passionate about this I also have a few veteran miners helping who are members here and friends so we'll just put something powerful together, I'd prefer something more then dismissal though and thats why i'm going to go public here, i'll be getting in touch with local radio and TV stations see if i can get some air time............update as we go first court date i believe is Dec 17th no onther notice yet other then citation.
NCrossman

Good Luck to you.  If I can say anything, it would be to make sure you are researching your state constitution too.  Yes, the mining laws are great, but make sure they can't use some bogus "state" reg. on you.  Even though they can't legally supercede the constitution. they will try..

Welcome and good luck to you! Smile
vini


CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS

SECTION 1.  All people are by nature free and independent and have
inalienable rights.  Among these are enjoying and defending life and
liberty, acquiring, possessing, and protecting property, and pursuing
and obtaining safety, happiness, and privacy.


I'd say this one apply's the best, the very first thing posted in the constitution...
vini

Showed up for court no charges filed yet, they have a year I hope dont dismiss i'm ready to fight.....
NCrossman

Vini you might want to take a look at this ruling from South Dakota.  It is the South Dakota mining association VS Lawerence County.  It is a good step and wouldn't hurt to have the knowledge of it.

Interesting


http://elr.info/litigation/%5Bfie...ota-mining-assn-v-lawrence-county
vini

YEP the courts are recognizing the mining acts and now we'll get to see if they do or not in California thank NCrossman i'll save that for future court appearance.

I have a new court date, the first was an ERROR march is our new date
vini

CASE IS DISMISSED against the District attorneys wishes, our public defender was GREAT he was telling them, "this sh^t is ridiculous" the judge obviously agreed.
One stipulation no dredging citations for 6 months or the case gets reopened, my buddy's got a full time job and having to take off work for the 3rd time now plus he wasn't even dredging, plus he travels 45 minutes to come to court. I was hoping for a decent deal we could take and honestly let Brandon fight he's got the attorneys that PLP and WMA are providing I'm about broke just getting threw winter months without a whole lot of work cant really afford a lawyer .
NCrossman

Hell Vini... No worries on your 6 month ban... In 6 months, it will be mining season again and then you will be fine.  I hope Wink

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