Personally, I don't think the state or the DFG's for that matter realize what they are going up against. The burden of proof will be on the wardens writing the tickets, so if you do decide to fight it, they would have to show up at court.
Now, follow this for a bit, count the number of wardens vs the number of police. How much would it affect them to have a warden and quite possibly his partner take a day off to attend court?
I doubt that initially wardens will be going out solo.
What would be the deciding factor that would allow them to secure a conviction based on the burden of proof? There would have to be an absolute certainty that a violation did occur, and they would have to be prepared to prove it.
The reason I pose this is that I love the challenges of our legal system.
The most glaring example is that of a 'red light' ticket. We all know what they are about, yet few choose to fight it. Simple to do actually, and even easier to show up at court to have them dismiss it when they know you plan to contest it. Why? Too many variables, too many loopholes.
The same applies here. But it just gets better...
There are ways to challenge the system and not only have fun doing it, but frustrate the hell out of them.
By fun, things like exercising your rights. If you know you plan to contest a ticket that you got in, say, Oceanside, ask that the hearing be held at the county seat (downtown SD). It would be assumed that you would want to go to the Vista courthouse, but maybe SD is more convenient for you, thus less convenient for them. That is your right.
As is rescheduling your court date due to an unforeseen inconvenience. You can always reschedule, better yet, you can reschedule again and again according to your schedule, and not the officer's, who may have that certain day off.
And if it just happens to be his day off, he would have to clear it with his supervisor to attend said court date. Remember, everything would have to be cleared, and they would have to pay them for attending. I wonder it the state is prepared to grant overtime in non-emergency situations.
Best part, if they are a no-show, case dismissed...
BTW, clean DMV, fought a red light ticket, a radar ticket doing 65 in a 45, and beat a CC debt with attorney fees and court fees included to the tune of 32K...even sent a bill to the attorney to cover the $45 filing fee...
