Wakesurfing Ticket: Need Legal Advice!

We took our Tige Switch V out tonight, on a State lake in Missouri. My dad was learning to surf for the first time on a Broadcast 4'9. I am an intermediate level surfer, and can do a few tricks. After surfing for about 5 minutes, we were promptly stopped by a water patrol officer.

He actually turned his lights on. I informed the driver (a good buddy of mine, completely competent. He had already seen the officer, and cut the gas.). I signalled cut to my dad, who was confused at what was going on, and ended up surfing by the left side of our boat, grabbing the gunwale before he settled off in the water, after the driver cut the gas. It was his FIRST wakesurf run ever, so he had no idea.

This is how the conversation went:

Officer: "License and registration....(blah blah blah).

Officer: "Let me tell you why I pulled you over. I am issuing you a citation for being WAY too close to the back of the boat. I observed you boarding too close, and actually saw you touch the back of the boat."

(After a bit of settling down)

Officer: "When you wake surf, you need to be at least 12-14 ft back, at the end of the rope. "

Us: "Officer, we are confused, as all of the instructionals said that we had to ride closer to the boat. We were mainting a safe distance according to the video instruction we had."

[we knew who was right. at this point, we were trying to avoid a ticket.]

Officer: "Well, I can see how you think that, but you were way too close. We watched videos last week at a local shop, which informed us that the rider should be 14 feet back. I don't know how they get the wake that big, they must have some big water bladders, but that is how it should be done. You were way too close"

[dead serious about the water bladders thing.]

Us: "Sir, not to challenge you, but could you please cite the law that we broke, or the legislation that prevents us from being this close on a wakesurf board?"

Officer: "Uh...(stutters)...I am issuing your driver a citation for...not operating with the highest degree of care.[serious about that too] He should have not been dragging a rider so close! You can take this to court and challenge it if you want, or pay the fine."

So, after a bit more talking, we "learned" that every other wakesurfer on the lake was at least 14 feet back, and that he had "NEVER" seen anyone as close as we were. Of course, my dad was back about 5-6 feet from the teak, RIGHT in the curl of the wake, just like every other session I (or anyone I know) has ever taken. Its a damn 20 foot boat, it doesnt throw a freaking head high wake. He left us with a $123 ticket, and a couple words:

Officer: "I don't want you guys to run and hide now ,just because I stopped you."

Us: "Sir, that is exactly what we are going to do. We cannot surf any further back, its not possible."

Officer: "Well, that is how far back you have to be."

Guys, I need help. I don't care about the money, but I want to challenge this in court. I have no court experience, but I KNOW that wakesurfing is NOT illegal in Missouri, and KNOW that justice was totally bent to try to make an example of us. He even told us that we were the first people he gave a ticket to.

Anyone with a similar experience: I am gonna need some help getting a case together. Thanks for your help.

Feel free to email me at Gschmidt1@gmail.com

Hey Garret, I got your email and will rspond to you later today. I do believe I have some info on Missouri. Just to be clear, you weren't cited for wakesurfing but for some form of recklessness associated with the "act" of wakesurfing, correct?

The driver was cited for the following: "Failing to operate with the highest degree of safety."

However, on the actual carbon of the ticket, he notes:

"I cited them for being too close to the boat while riding a wakesurf board." or something to that matter. So, the ticket does designate that he pulled us over for a length violation.

[EDIT] A length violation that doesnt even exist...

(Message edited by garret_s on June 30, 2006)

How did the officer make his measurement, what exact distance did he cite you for, didn't say did he? Pretty flimsy ticket.

Make him waste a day and go to court. You'll be wasting the day too but I bet he never gives out another wakesurfing ticket.

While wakesurfing specifically isn't illegal, from what I've seen enforcement officers usually will cite under a general "unsafe operation" clause, especially if they've never seen someone wakesurf before. I'll have to admit, ploughing along with the boat listing like it's half sinking, then someone surfing within feet of the platform -- I can understand how it would appear unsafe.

I'm no legal expert but when it boils down to a safety issue my guess is the court will rule in favor of the enforcement officer.

Good luck!

Well, I have been doing some digging. I found some state clauses that deal with "skiing and surfing," none of which state any sort of a length restriction.

Also, I plan on getting some videos and diagrams together to use in my case.

Note: the officer did not cite any exact distance, but did state that we were close enough that we could have struck the boat...well, duh...

I honestly think we have a chance with this one.

Garrt, I'm sure you found these references:

Chapter 306 - Watercraft Regulation and Licensing--State Water Patrol

306.110. 1. No person shall operate any motorboat or watercraft, or manipulate any
water skis, surfboard or other waterborne device in a reckless or negligent manner
so as to endanger the life or property of any person.

306.120. 4. No person shall operate or manipulate any vessel, tow rope or other device
by which the direction or location of water skis, a surfboard, or similar device may
be affected or controlled in a way to cause the water skis, surfboard, or similar device,
or any person thereon to collide with or strike against any object or person.

The lack of a specific code violation makes it hard to defend, but it would appear that the officer will uphold 306.120.4 since your father did grab the boat.

As Sean points out, contesting the citation often allows you to "beat" the citation because the officer isn't present.

In your situation, you'll want to address the safety issue. Your father, first time wakesurfer, grabbed the boat rather than "colliding" with it. Which would be a violation of the statute. So there was enough distance to avoid a collision in this extreme situation.

Certainly you'll want to know how it was determined that "every other boat" was at 14 ft back. What exact measuring device was used, etc. Also, how the 14 ft guideline was determined, the credentials of the expert, experience in such matters, it would be helpful if the expert has been qualified in the court and jurisdiction, etc.

There isn't anything specific within your states regulations that prevent wakesurfing, and the issue seems to be associated with arguing the officers determination of recklessness by virtue of an indiscriminant distance from the boat.

Exactly how close to the boat was your father riding?

My father was about 5-6 feet away from the platform at the time that we were pulled over.

Good luck Garret. Fight this for all of us!! We have to stand up for our right to ride!! The laws quoted were to protect other peoples property. If you are riding and damage your own, that is your choice. It is time that law enforcement learns that this sport is here to stay and we will not be intimidated, go away or be trampled on. I have the utmost respect for those involved in police work but they also have to be educated that this sport is not a dangerous one. I truly believe that tubing is more dangerous than wakesurfing.

But, Tom, it doesn't sound like the officer is attacking wakesurfing, just wakesurfing at this 5-6 foot range. I'm not sure how you go about establishing what is a safe distance from the boat. With a swimdeck in place and at speeds in the 10 mph range, wakesurfing is probably one of the safest water related activities. I think the real issue in question is what is a safe distance - 14 feet? 5 feet? That is what Garrett needs to focus on.

Who honestly rides at 14 feet back? C'mon, get real. Maybe behind the 70 foot yacht.

Jeff, I think you are right.

The issue is not that he has a pickle with surfing. The issue is that he is grossly misinformed about the sport in general. I am working on this right now, but I am in REALLY dire need of some instructional videos and material that I could use in a presentation form. Would anyone be able to help me out in this regard? I am trying to get something pieced together to present in an educational manner to the officer so that I can continue surfing.

What are the safety issues here, I can think of only two: 1) the propeller and 2) CO poisoning. The only injury you’re likely to get from running into the back of the boat is from the beating the boat owner might lay on you for scratching his $50K boat. In your case it’s family and so that should go under domestic violence not a boating safety citation.

With regard the propeller if you’ve got an inboard it's a non-issue, there's just no way are you going to fall into the prop.

I think that CO is the real issue. If you had Side Swipe or Fresh Air Exhaust there would be no issue. Larry Mann has a lot of great material on his FAE eb site. You should look at the technical report that he did on FAE. However the technical report might not tell you what you want to hear. I recall that there was some data on CO content relative to distance off the back of the boat. You should at least get that data so you are armed with some facts.

If you’re surfing 5 feet back and you are 5 feet tall you are at least 5*1.414 = 7 feet from the exhaust and moving about 10 mph. Since the exhaust pipes are below the water line and the boat is really plowing the vertical distance could be 7 feet, maybe more. Does the exhaust stay low or rise, what is the concentration at the water level and 5 feet above the water level? I know I sure can smell the exhaust when I’m surfing.

If CO is the issue but you have FAE then what remaining safety concerns would your local government have? I can’t think of any.

Inland Surfer has a free DVD. Shoot an email to info@inlandsurfer.com and ask for the free instructional DVD. If you have any problem let me know and I'll give you my copy. Also, most of the info at howtowakesurf.com can be "grabbed", I'm sure I can get Larry to make the material available in a doc format. Let me do some checking on items you can print out also.

Jeff: I appreciate your helping me. I just sent an email to inlandsurfer, and am awaiting an answer. It would be GREAT if you could check with larry to get that stuff in .doc, at least the relevant information.

Thanks again guys.

But Ed, I think the point is that there is a provision in his states regulations that he can't operate such that it would cause a "board" to hit an object. In part of the dialog the officer allegedly witnessed the rider touching the boat...which would be a clear violation of 306.120.4. Hopefully that didn't happen until AFTER the emergency stop and to me, you argue that the father was informed but paniced at the lights and siren, etc. The safety concerns of prop and CO are certainly relevant, but if the ISSUE is "could touch" and the incident "WAS TOUCHING" the boat, that needs to be addressed and argued - POV, before or after the emergency stop, etc. Right? The law may be ridiculous, but that is what Garret needs to defend against. Ed makes a good point, though, the CO and Prop issues should be addressed if the Officer concluded THOSE were the relevant issues concerning the proximity of the boarder to the boat that caused his determination of recklessness. I don't think we have those conclusions...which really means that Garret needs to get the officers notes and file documentation - that'll ingratiate him with the local constable. The arbitrary 14 foot rule that isn't codified or promulgated by any authority is hard NOT to violate. I think this really becomes the cornerstone of his defense - it's not ignorance or violation if it's NOT readily available to the boating public AND IMO this officer seems to have pulled that number out of his @##

He can site you for his opinion that you were operating under conditions that were not safe. This is however an opinion, one that he must subsantiate. This is where you must show your videos about the sport and how it is done. Also, get some statements from official members of wakesurfing stating that it is very common for riders to enter into the 14 foot area. Prove the fact that this is a recognized, accepted tournament sport and not just some fad (Jeff a letter from you and other top officials). Try to get some official numbers of wakesurfboards sold and possible estimated numbers of wakesurfers in the USA. Finaly, You have to get him to state over and over about the 14 foot rule. After he has states this several times then you ask him to supply you with the law or regulation that states this.

Good luck!!

If you haven't done so already be sure to plead not guilty. Also request discovery of the ticket filed with the court. This would include both the front of the ticket as well as the officer's notes on the back.

Additionally check to see if the ticket was filed with the court within the proper amount of time. Some states require that the ticket be filed with the court within 48 or 72 hours of being given. If not filed timely with the court you can request at trial that the ticket be dismissed without prejudice.

Also request from the court an actual copy of the code you were cited under or make a copy from the library. It is important to fight this as this more than likely is a moving violation and can affect insurance rates.

Additionally, you may consider to require the officer appear as a witness. Do this only if you think the officer is inept and would come off as an idiot on the stand and not be able to properly explain the code. Otherwise consider not requiring him to be there. Some Judges are more likely to dump a case if the officer is not there so as not to piss off the Police Union who may endorse them for re-election if you have elected judges.

In regards to the 14ft rule be sure to raise the issue about it being unconstitutionally vauge. What are you supposed to do hold a tape measure out there? That would not be reasonable. Also were there any notices about the 14ft rule posted at the boat launch?
Hope this helps. Let us know how you fare.

Be sure to come to court dressed in a suit and tie or something appropriate. Don't come in a T shirt or Jeans. You are trying to show you are responsible. You wouldn't believe how many come dressed like they are going out in the boat.
P.S. Never plead guilty with explanation. This limits the Judges/Magistrate's option to only reduce the ticket in most states.
Sincerely
Packrat

I just came back from a wakefuring contest North of Indianapolis Indiana. They were letting competitors do a deck start. That is a standing start with the wakesurf board on top of the swim platform. When the boat is up to speed they were putting weight on the back of the board allowing them to slip in to the wake. Four tried the stunt, two made it. The judge gave points for the deck start. This little ttrick/stunt would violate the so called 14 foot rule a well the not touching another object or person statue. This wasn’t my competition so I didn’t say anything; I’d disqualify a rider for this trick/stunt.

So my point is the standard for wakesurfing safety and regulation is not well defined. I don’t know if there are comparable statues in Indiana to those in Missouri, perhaps no one is enforcing. Law officers stopped by the event a few times to chat but never brought up any questions regarding what we were doing and how we were doing it.

For the greater good of the wakesurfing sport a standard for safety near the transom and for wakesurfing in general should be developed, sounds like a job for Dent-ta-Dah SurfDad!!

Not Super Surfdad? The NASBLA creates the best and most effective model laws, but certainly I think that the AWSA should be an advocate for safety and consistency of standards that will promote the sport. I can't believe I allowed you to volunteer me for that Ed!

Mild mannered CPA by day but on the internet Super SurfDad!

Fighting for justice and the American way! Now where did I put my cape?

No cape, just a board

I wonder if the officer misunderstood the local shops instruction

could it be that the rope is 14 feet long?

...attached to the tower....wouldn't that put you about 5 feet off the transom?

just a thought

might wanna argue how long of a surf rope you use

If I may input my 2 cents. I would be sure to bring up the point that during a normal wakesurf "crash" the rider would fall as the boat continued moving and any danger would be immediately mitigated by the fact that the boat is moving at speed away from the rider. I wouldn't think you could be cited for touching the boat after the boat stopped as required when propertly alerted by the water patrol.

I also agree with Cliff. I think the officer was confused. 14-20' is about how long the wakesurf ropes are until you pull yourself up into the curl.

The problems you may face are that muni courts are kangaroo courts. The judge has a vested interest in believing the officer if you show up with no evidence and it is your word against his. The officer will also likely have a contract that will automatically pay him for 4 hours to show up in court so if you plead not guilty and go to trial he will most likely show.

You need to secure some videos that show that this is the way wakesurfing is done. I have a DVD that came with my CWB ride board that shows riders way closer than 14' from the transom. I will need it back but would be happy to ship it to you if you need it for evidence. PM me if needed.

My 2 cents...
print out pictures from this post and take them to court with you to show the judge.
http://www.wakeworld.com/MB/Discus/messages/87668/340935.html?1152292559
Maybe even a new 15' professionally made tow rope in it's package.
Show him what you were doing and explain it as best you can.
You should be fine. Good luck.

Hey Sorry to hear about your problems, we have been wakesurfing behind my Avalanche for 3 years now, and both our Sheriffs and State Police Patrol have been cool with it. Just yesterday the sheriff pulled over and asked if we would give him a pull sometime after work. All that being said, I am rarely 14 feet behind the boat, most of the time my front tip is between 10 and 3 feet from the swim platform. I would go court and state your case, using the all the data provided in the above emails, good luck, I think you will win this one!

Updates:

After a lot of research, and a lot of consulting, we ended up taking the officer out for a run later in the day. Once he saw exactly what we were doing, a lot of his questions were solved. He had been under the impression that the wakesurf rope was similar to a ski rope, in the matter that you stay at the end. We took some time to explain exactly how the ropes were meant to be used (Used to pull into the curl), and then proceeded to take him out for a run.

He took off the morning after for a conference with his superior officer, where he said that he would push to try to get the enforcement of the sport changed to allow for the new information. The night prior to his departure, I also sent him a ton of educational material, that pointed to the fact that wakesurfing can be done safely within 3-10 feet from the boat.

Thanks for all your help, and I'll keep you posted. We are still challenging the ticket, because the officer could not have it dropped due to the circumstance (would have required a LOT of extra work on his part).

That's cool that he had such an open mind about it.