So, I hit a deer tonight with my car while carrying and shot the deer..

[McX]

it is an Honorable Man that does what is right, even if it conflicts with a law. An Honorable Judge or Prosecutor should recongnize this, as i clearly do.

 

[MKEgal]

We wanted to shoot but knew better... none of us needed the criminal strike against us since we all hunt.

It's not criminal (risk of jail), it's a forfeiture (fine only).

 

[Lord Sega]

Sorry to hear about your car & fine.

At least you got to keep the meat, in Oregon the meat is taken by the state and if usable (clean) it is donated to the needy (ie soup kitchens).
While that is a noble and worthwhile cause for the meat, if I take $2000 in car damage I want some steaks out of the deal.

I do think you could argue the fine, as per MKEgal:

167.31(2)(d)
Except as provided in sub. (4) (a), (bg), (cg), (e), and (g), no person may discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet of the center of a roadway.

167.31(4)(at)
Subsections (2) (c) and (d) and (3) (b) do not apply to the discharge of a firearm if the actor's conduct is justified ...

Maybe submit a written argument about the animal's suffering, quote the "conduct is justified" part, and state how you dispatched it in a totally safe manner, along with ticket & payment? You might just get some or all of the ticket refunded to you.

 

[BROKENSPROKET]

Everyone keeps talking about the 'animals sufferring'. Who really cares.

Having a car on the shouder and a deer down in the road can be a very a dangerous situation. I have seen larger accidents caused after a deer-car crash that leaves a deer in IN the roadway.

When seconds count, sherriff's deputies are ten of minutes away.

I will not hesitate to get a deer off the roadway. IF it is laying in the ditch, kicking and bawking, I don't care. LEO will get there when the get there. Even then I will just watch it to make suere it does not make it back onto the road to cause another accident.

 

[HandyHamlet]

Rule #1: NEVER talk to the police.
Rule #2: See above
Rule #3: See above
...
Rule #11: No good deed...

Best of luck to the OP.

 

[Nutczak]

Fight, Fight Fight Fight, Fight Fight Fight, Fight Fight Fight, Fight Fight

Fight that ticket! The DA probably wont even look at the charges until you are both in court together. This is very winnable.

So, you could have legally slit the deers throat and let it bleed out, but you cannot shoot it to keep it from endangering others.

Fight this to the very end. I know you may not think a $100.00 fine is worth the effort, but this is both a matter of principal, and this may also come back and bite you in the a$$ if not dropped, dismissed, or you are found not guilty.

 

[Lurchiron]

Well, it didn't go so well. I got cited for 167.31 (2) (d) and got a $100 dollar fine.. The fine is not a big deal... I wasn't going to wait till police came (which was 20mins later) to shoot the deer.. I don't hunt (My prerogative) but I didn't want this thing to suffer.. I don't mind paying the fine but I think this is not right.. I'm kinda pissed because of the bad rap that 2nd amendment gun owners face... I was told that I was "Lead Happy".. May I add that I took 2 rounds of my .45 acp... I make a good living and wonder what court would think.. What side they would take.. Die now or suffer longer.. Sorry for the vague post, still shaking...

The question is not, "Can they reason?" nor, "Can they talk?" but rather, "Can they suffer?" ~Jeremy Bentham

Knives, and/or tire-irons...even ball-peen hammers; lot cheaper in the long run.

 

[Lurchiron]

View attachment 7433

And my poor car...

Hands at 10 & 2, eyes focused ahead and scanning...

 

[GLOCK21GB]

You did the right thing. I had to do the same thing 10 years ago, I did not hit the deer someone else did..I happened along and found the deer kicking and screaming on the road..so I pulled my cased , unloaded 40S&W and did the same thing...then I left.. I felt really bad for the poor little bambi ( Baby deer ) still had the spots, both it's hind legs were mangled

fight it in court.. I would...you did a very humane thing, I respect the hell out of you for it.

 

[carry for myself]

i also have had to put a young deer down. but here in Maine the LEO's understand things like this. i actually shot the deer FOR the LEO because he couldnt bring himself to do it. i would fight this tooth and nail

 

[MilProGuy]

Knives, and/or tire-irons...even ball-peen hammers; lot cheaper in the long run.

This is true...but if the animal was active enough to be kicking and flailing its hooves about, I wouldn't dare to get close enough to use the tools you mentioned to dispatch the wounded animal.

 

[GlockRDH]

anyone know...does 167.31 have an exception for LEOs?

 

[Lurchiron]

This is true...but if the animal was active enough to be kicking and flailing its hooves about, I wouldn't dare to get close enough to use the tools you mentioned to dispatch the wounded animal.

Then windows rolled up & stereo on seems to be the answer...rules and such, as they are.

 

[Lurchiron]

anyone know...does 167.31 have an exception for LEOs?

Put the shovel down & step away...the monitors' may take offense; these droids are not the ones you're looking for!!!

 

[hermannr]

I am also of the opinion that you should mark "Not guilty" and request a trial. Maybe write by the "request trial" 167.31(4)at next to the request.

IMHO, charges will be dropped.

 

[TheManInBlack]

I don't carry a knife.. The deer was bucking like crazy, in 5 second intervals and If I would've slit it, I'd be hurt.. I watched it for about 30 seconds hoping it would stop.. Then out came the Glock 30..I shot 2 rounds about 5 yards away..The first one did the job but if not, the second wasn't no 1/2 inch off.. When I appear in court to talk to the DA, I'm gonna sit down and be civil.. I'm sure he would understand but if not, Ill proceed forward on the premises of principle..

 

[Herr Heckler Koch]

This is true...but if the animal was active enough to be kicking and flailing its hooves about, I wouldn't dare to get close enough to use the tools you mentioned to dispatch the wounded animal.

Never a bad shot in his hunt. "Eeww, Bubber, shoot it, shoot it! It might hurt me."

I've never had or seen a hooved animal reach around behind its back to kick.

 

[Lurchiron]

i also have had to put a young deer down. but here in Maine the LEO's understand things like this. i actually shot the deer FOR the LEO because he couldnt bring himself to do it. i would fight this tooth and nail

Don't you mean, upper plate & hoove???
View attachment 7437:arrow:

 

[McX]

if there is to be a trial, will th deer be called to the stand-so to speak.

 

[GlockRDH]

...or you could claim this...

http://www.youtube.com/watch?NR=1&v=a2436_3BRlA



works for me. might work for you.