Fireworks on the beach is illegal? Jail time WHAT?!?

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Fireworks on the beach is illegal? Jail time WHAT?!?

Post by beltfed on Sat Feb 04, 2012 3:28 pm

I got a disturbing the ticket this weekend for shooting a firework on the beach. I thought the beach was county property and technically outside city limits since that's where everyone goes for the 4th and new years. We lit one mortar and left when the city cops pulled us over right there. They asked "why the hell did y'all come to the beach to shoot it?". I told them we thought about doing it in my back yard but apparently that wasn't funny. So now I have to go to court. Been reading and apparently the charge can demand a sentence of a small fine to jail time. Also, I don't have anything on my record and don't want this on there. Some people say I should go to court and plead not guilty because we were on the beach and technically outside city limits. But I don't have an attorney and am not entirely sure about the laws regarding fireworks on the beach.

Looking for advice, thoughts or opinions on those who might be more saavy with the law in Harrison County, Gulfport. Thanks.

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Re: Fireworks on the beach is illegal? Jail time WHAT?!?

Post by Beladran on Sat Feb 04, 2012 3:45 pm

Use the Twinkie defense

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Re: Fireworks on the beach is illegal? Jail time WHAT?!?

Post by bubbat on Sat Feb 04, 2012 3:46 pm

Looking at the Gulfport city website the city limits extend out past the beach into the Gulf. So from that it looks like you were in the city limits and if Gulfport has a city ordinance against fireworks you violated it. Sad County owning it wouldn't make a difference.

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Re: Fireworks on the beach is illegal? Jail time WHAT?!?

Post by Beladran on Sat Feb 04, 2012 3:52 pm

Even though you broke the law the Twinkie defense should still work lol

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Re: Fireworks on the beach is illegal? Jail time WHAT?!?

Post by bubbat on Sat Feb 04, 2012 3:56 pm

Beladran wrote:Even though you broke the law the Twinkie defense should still work lol


Pleading "stupid and guilty" always worked well for me... Funny

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Re: Fireworks on the beach is illegal? Jail time WHAT?!?

Post by beltfed on Sat Feb 04, 2012 4:01 pm

Thanks bubba, but I thought fireworks were not illegal in the "county". That why they setup fireworks stands just on the other side of the "city limits" signs. So on the 4th of july when there's thousands of locals shooting fireworks on the beach the police must just turn a blind eye?

And what is the twinkie defense?

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Re: Fireworks on the beach is illegal? Jail time WHAT?!?

Post by Beladran on Sat Feb 04, 2012 4:05 pm

Dude went crazy an killed some people. His attorney claimed the extreme amount of sugar in twinkies was mind altering there for he could not be held accountable for his actions

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Re: Fireworks on the beach is illegal? Jail time WHAT?!?

Post by bubbat on Sat Feb 04, 2012 4:06 pm

From Wikipedia

"Twinkie defense" is a derisive label for an improbable legal defense. It is not a recognized legal defense in jurisprudence, but a catchall term coined by reporters during their coverage of the trial of defendant Dan White for the murders of San Francisco city supervisor Harvey Milk and mayor George Moscone. White's defense was that he suffered diminished capacity as a result of his depression. His change in diet from health food to Twinkies and other sugary food was said to be a symptom of depression. Contrary to common belief, White's attorneys did not argue that the Twinkies were the cause of White's actions. Rather they argued that his consumption of Twinkies was symptomatic of his underlying depression. White was convicted of voluntary manslaughter."


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Re: Fireworks on the beach is illegal? Jail time WHAT?!?

Post by Beladran on Sat Feb 04, 2012 4:12 pm

I'm also partial to the chewbacca defense

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Re: Fireworks on the beach is illegal? Jail time WHAT?!?

Post by burninfilm on Sat Feb 04, 2012 4:29 pm

Twinkies are not being made anymore, but who cares, they probably have enough preservatives in them to last a century or more lol

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Re: Fireworks on the beach is illegal? Jail time WHAT?!?

Post by bubbat on Sat Feb 04, 2012 4:43 pm

burninfilm wrote:Twinkies are not being made anymore, but who cares, they probably have enough preservatives in them to last a century or more lol


Hostess filed Chapter 11 in Jan, but are still making Twinkies and all their other products,they have not shut down.

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Re: Fireworks on the beach is illegal? Jail time WHAT?!?

Post by burninfilm on Sat Feb 04, 2012 4:58 pm

bubbat wrote:
burninfilm wrote:Twinkies are not being made anymore, but who cares, they probably have enough preservatives in them to last a century or more lol


Hostess filed Chapter 11 in Jan, but are still making Twinkies and all their other products,they have not shut down.


Thanks...didn't know that.

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Re: Fireworks on the beach is illegal? Jail time WHAT?!?

Post by TheGreatGonzo on Sat Feb 04, 2012 6:41 pm

beltfed wrote:Thanks bubba, but I thought fireworks were not illegal in the "county". That why they setup fireworks stands just on the other side of the "city limits" signs. So on the 4th of july when there's thousands of locals shooting fireworks on the beach the police must just turn a blind eye?

And what is the twinkie defense?


Yep, fireworks being fired within the city limits is one of the things that virtually every law enforcement agency overlooks on the 4th of July and New Years Eve because the populace does not want to pay to have an entire police force on overtime running from fireworks call to fireworks call while ignoring every other crime taking place in the city. That is what would have to happen in order to enforce that ordinance on the 4th of July.

I'm no fan of the Nanny State and less laws are always better than more laws, but "no fireworks on the beach" is one that I personally happen to agree with. On the morning of the 5th of July, drive around and look at the public streets, sidewalks, and parks. What do you see? Layer after layer after layer of burnt fireworks and discarded hulls. Even if most people bothered to clean up after their fireworks (not meaning that you don't Beltfed, but most people don't), they can't chase down every fired rocket hull that went blazing into the sky. You find them everywhere. I don't want that crap all over the beach and floating out on the water. If you allowed fireworks on the beach, that is exactly what you would get. I support firearms on the beach; campfires on the beach; I don't even agree with the "no alcohol on the beach" laws (although I do agree with the "No glass containers" stipulation). I don't, however, think fireworks should be allowed.

Just my opinion,
Gonzo

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Re: Fireworks on the beach is illegal? Jail time WHAT?!?

Post by beltfed on Sat Feb 04, 2012 7:28 pm

The good thing about the firework debris the day after is it keeps Harrison County Jail trustees busy for a few days. Let the jailbirds pick it up, gives em something to do. Heck I may be one of them here shortly.....ha!

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Re: Fireworks on the beach is illegal? Jail time WHAT?!?

Post by PhillipM on Sat Feb 04, 2012 8:02 pm

Last fourth I saw an awesome display on the beach from Eglin AFB. As usual, it's okay for a government to break a rule.

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Re: Fireworks on the beach is illegal? Jail time WHAT?!?

Post by PhillipM on Sat Feb 04, 2012 8:14 pm

Beltfed, the cops I know love it when the suspect admits he did what he was accused of in court. All the blather about your intent fall on deaf ears after that. If I were you and wanted to play the good ole any defense that I didn't know I was in the wrong, I'd see if I could talk to the judge before your court date in his office. Maybe he'd throw it out. I did that with a speeding ticket back in the day. All legal advice is worth the price charged.

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Re: Fireworks on the beach is illegal? Jail time WHAT?!?

Post by TankerHC on Sun Feb 05, 2012 1:58 am

Here's a suggestion from a personal experience, this occurred around 1997. I was driving past USM, I didn't even think about it being a school zone and was doing 55 in a 30 (Or something like that). Got busted by a Motorcycle Cop. Got a court date and knew I was in for at the least a really big fine. Talked to my lawyer, he said just call in and get a continuance, then when it comes up, call in and get another one. You could get two, that was it. So I called in and got a continuance, then another. It took me 8 months to go to court. I sat in Court all day long, was the last case, they had to find the cop who caught me, they did and he came in around 4:30. It had been so long the cop said he couldn't even remember the stop. So he just says to the judge, give him a break. Case was dropped and I walked out. And there is nothing illegal about it.

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Re: Fireworks on the beach is illegal? Jail time WHAT?!?

Post by Tree of Liberty on Sun Feb 05, 2012 2:21 am

Obtain counsel immediately. Do not speak without your counsel's permission. This is the wise thing to do. As wonderful as the MSGO community is (which it is thumbs up ), I would not speak about your incident anymore until it is resolved.

If you are in need of counsel PM me and I can refer you to someone on the Coast (do not know what it will cost, but it is a much better option than to go pro se).

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Re: Fireworks on the beach is illegal? Jail time WHAT?!?

Post by Lt.Dan on Sun Feb 05, 2012 2:34 am

I have always got a lawyer for anything I screwed up. I have spent A LOT in lawyer fees mostly for speeding tickets in NC (having a 9 second street mustang get you in a lot of trouble) and each time he got the charged reduced or dropped. Granted I spent $250 each time but it's better than it going on my record. I'd get a lawyer and at least see your options.

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Re: Fireworks on the beach is illegal? Jail time WHAT?!?

Post by tacct on Sun Feb 05, 2012 9:09 am

Aah, the "Twinkie Defense"... In a roundabout way, it's a collateral action to a profound shift in American politics. Dan White sneaked into City Hall with a handgun and murdered the mayor of San Francisco (George Moscone; he also killed a homosexual, Harvey Milk, who was a member of the Board of Supervisors). "Unintended consequences"-- isn't that what it's called...

The murder of Harvey Milk galvanized the "gay" movement in San Francisco like no other event could. The general outcry and protest of 'discrimination' coupled with a shift in political momentum resulted in a snowball that changed the fabric of American politics forever.

Worse than that, Diane Feinstein was a minor player in San Francisco (and California) politics at the time. She was the newly elected president of the Board of Supervisors, having run twice unsuccessfully as a mayoral candidate; she was soundly thrashed both times by the voters (against Joe Alioto, and then 4yr later against George Moscone). By virtue of the ladder of succession of office, when Moscone was killed, she was thrust into the mayor's chair for which she'd coveted so earnestly and shown so poorly. In a time of upheaval and because the field of candidates was so weak, she won re-election to the mayoral position and used it as a springboard to the Senate. Her senatorial seat victory was the first political win of any "substance"... the people of San Francisco had denied her twice until murder defaulted her into the mayor's job, and the people of the state refused her when she ran for governor.

Twelve years after she inherited the mayor's office, she ran against Pete Wilson for California governorship and lost that, too. But she had built enough of a following to goose-step over the unknown senator John Seymour ("who??" you say?) who had been appointed the senate seat when Pete Wilson vacated the chair in order to assume the office of governor of California (when he beat Feinstein). Seymour had little political history with which to stave off Feinstein. Feinstein 'backed into' it, and was able to create a steamroller in duality with Barbara Boxer in the same election.

All this because of little Dan White... she had given up on politics--except for Dan White, I wonder where we'd be....

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