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Suggest a lawyer from Cha... |
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Kenneth Leonard - Aug 15,2012
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Got two tickets in the mail today for landing on the beach at Kiawah Island, SC. (illegal vehicle on beach and disturbing wildlife) Undefined 'assessments' are more than the actual tickets, but everything totals about $600.<br /><br />Now, lets not rant and rave about the fact that the current FEDERAL chart does not show either restriction or that they didn't ticket the 4 bikes and 4 cars that showed up, or that the wildlife restriction sign was before the place that I landed and I made a point to turn around and take off before the sign. <br /><br />I can afford to pay it and just let it go...but that's not what I want to do. I expect I'll lose, but I'd like to hire a lawyer to represent my case. Anyone have any suggestions? <br /><br />I'll call the Seaplane Pilots Association tomorrow as I'm a member and see what they say.<br /><br />Again, I'm not going to let this spoil my fantastic flying adventure, but I'm willing to put a little effort into fighting it. <br /><br />
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Eric Batterman - Aug 15,2012
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Ken,<br /><br />Sound familiar:<br /><br /><a href="http://www.miamiherald.com/2012/08/02/2927564/plane-lands-on-beach-near-ocean.html">http://www.miamiherald.com/2012/08/02/2927564/plane-lands-on<br>-beach-near-ocean.html</a><br /><br /><br /><a href="http://www.southcarolinaradionetwork.com/2012/08/02/plane-gets-stuck-on-kiawah-island-beach/">http://www.southcarolinaradionetwork.com/2012/08/02/plane-ge<br>ts-stuck-on-kiawah-island-beach/</a>
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Don Maxwell - Aug 15,2012
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Oo. Kiawa Island, eh? Ken, you should have landed either south or north of Kiawa Island. Kiawa is obvious $Big $Money. But you know that by now.
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Kenneth Leonard - Aug 15,2012
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Actually Don, I chose not to land to the North because the charts have it marked as a wildlife refuge. I specifically turned inland to avoid overflying that area.<br /><br />Not looking for sympathy guys, just want to talk with an attorney to see if it's worth fighting or just pay the 'outsider tax'.
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Don Maxwell - Aug 15,2012
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Ken, I'd fight the tickets, too. The SPA should be able to help. (And if not, we should all lean on it.)<br /><br />Did you land near the tower house--about 3 stories tall, but very narrow? I've been curious about it. I think it's near the south end of the island.
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Mark Alan MacKinnon - Aug 15,2012
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Very interesting that fair and level-headed Maj. Brady states that 'there was no violation of the law', yet Ken comes home to two tickets totalling $600.<br /><br />Ken, it seems to me your lawyer should be able to use those news articles in your defense.
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Mark Alan MacKinnon - Aug 15,2012
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Ken, I remember well how you came to my rescue when a similar ridiculous incident happened to me on I-4 driving back from Sun&Fun a few years ago. I won that case and the ticket was thrown out. I wish I could return the favor. <br />As a resident of S.C. now, I can attest to the mentality of some of the cops. A Google search on Yemassee police should result in some very interesting reading, for instance. I hope you find a good lawyer. Keep us posted.
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Philip Mendelson - Aug 15,2012
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-------------------------------------------------------------------------------------------------------------------------<br />-go buddy!! Expensive landing fee!!! Hopefully SPA can refer you to a good Lawyer.<br />I would fight that one!
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Frank A. Carr - Aug 15,2012
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Ken, Sorry to hear of your plight; do you belong to AOPA with the legal coverage option? I guess not or you'd have contacted them by now. Good luck with your protest.How would they propose to prove that wildlife was disturbed?<!-- >'"><br><font color=red size=6>' or > missing in user HTML. Please fix the HTML.</font> -->
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Steve Kessinger - Aug 15,2012
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I'm in for the legal fund, if you choose to fight.
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Kenneth Leonard - Aug 16,2012
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Thanks Steve - I'm truly not soliciting funds. Just advice.<br />Don - nowhere near any structures.<br />Frank - no legal insurance and doubtful it would cover a non-FAA issue.<br />There was a sign on part of the beach - however, I touched down and departed outside that area. No witness' to my landing and I made a point of turning before the sign for departure.
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Kevin D'Angelo - Aug 16,2012
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Don't you hate it when you get stuck in sand- reminds me when another Searey( name <br />withheld to protect the innocent) I was flying with said lets pull up on the beach at Hilton <br />Head ( PGA also there at the time) . We proceeded to get stuck and 3 hours and a bad <br />back ache later we were back in the water and took off among lots of police boats- luckily <br />we weren't fined other than being accused of being James Bond by the PGA announcers. <br />Good Luck with your battle
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Robert Charlwood Richardson - Aug 26,2012
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Kevin - had a much better experience in money rich Hilton Head, when <br />I dropped into the Hilton Head Executive Airport for a gas & go on my <br />May FL to MD flight. I landed amongst all these corporate/private <br />jets and lg recips where they pumped 12 gallons of LL100 and let me <br />take the brand new airport car to pick up some lunch down the road. <br /><br />Ken - you may yet have evidence of your landing coordinates, <br />especially if you were using FAA flight following. FAA keeps a record <br />of all its radar tracks. I learned of this from a referrenced URL your <br />other MyFamily thread about your FL to NY trip. Look it it up. Do let us <br />know how this turns out. <br />
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Greg Burtner - Aug 16,2012
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I had a great aviation law professor at Embry-Riddle. See if you can look up Steve Dedmon on a faculty <br />list. I believe he still practices aviation law.
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David Mazer - Aug 17,2012
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Jerry Tractman is a certified aviation attorney and I have recommended him to others. His phone number is 321-723-8281 and his email address is jtrachtman@trachtman-law. Mention my name.
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Mark Alan MacKinnon - Oct 03,2012
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Ken, any development on this?
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Kenneth Leonard - Oct 04,2012
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Yup - I hired a lawyer and beat the larger charge. My lawyer was told quietly by the judge that he had to get me on the smaller charge (illegal vehicle on the beach) because he read the on-line newspaper responses from some locals who fussed that they couldn't drive their cars on the beach but I could land a plane. (SC judges are voted in and don't have to be lawyers)<br />Spent as much on the lawyer as I would have on the charge, but I don't care. <br /> 'Don't tread on me'<br />And yes, I also learned that just because I think it's reasonable to land somewhere, that isn't what really matters and being bitter about it only hurts me, so it was a growth experience.
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Frank A. Carr - Oct 04,2012
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Sounds good Ken, good for you!
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Thomas Alexander Bowden - Oct 04,2012
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Was it a AOPA Legal Service?
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Kenneth Leonard - Oct 05,2012
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Didn't have AOPA legal insurance. Don't plan to either. Frankly, if it were in Florida, I'd have argued the case myself.
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Frank A. Carr - Oct 05,2012
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Argue it anywhere in the South in uniform.
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Donald L White - Oct 05,2012
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I had AOPA legal insurance and when I got my speeding ticket for taking off in a restricted area (manatee zone), AOPA would not cover it because it was not with a FAA ticket, but for a Florida Wildlife issue.
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