BUI While Anchored
 

I came across a post on another list in which a USCG officer was quoted as
saying that Boating Under the Influence regulations are enforceable on
anchored and moored vessels. The official cited the possibility that the
operator may be called upon to operate the anchored vessel and was thus
committing a safety violation. I can find nothing on the Internet to
support this interpretation, and suspect there _is_ nothing to support it.
The official seemed to be playing fast and loose with the definition of
"underway."

Comments?

--
Good luck and good sailing.
s/v Kerry Deare of Barnegat
http://home.comcast.net/~kerrydeare

BUI While Anchored
 

Armond Perretta wrote:

I came across a post on another list in which a USCG officer was quoted as
saying that Boating Under the Influence regulations are enforceable on
anchored and moored vessels. The official cited the possibility that the
operator may be called upon to operate the anchored vessel and was thus
committing a safety violation. I can find nothing on the Internet to
support this interpretation, and suspect there _is_ nothing to support it.
The official seemed to be playing fast and loose with the definition of
"underway."

Comments?



Reminds me of my recent (and only) arrest record.

Ticketed for a seat belt violation while I was CORRECTLY wearing a seat
belt. Like many other folks, I have signed a ticket for a minor
traffic violation or two in the past, but this caught me on the wrong foot.

I was not happy when the fresh green patrolman told me he had seen me
some minutes earlier NOT wearing a seat belt while he was driving on a
5-lane highway, in the opposite direction (where the closing speeds
would have been about a hundred, I suppose.)
I didn't buy it, and I wouldn't sign.

So my wife had to bail me out an hour or two later.

No great harm done. I DID wonder about whose brother in law the tow
truck operator was, when I paid the $120 bill.
Could have been worse: one tow operator in Washington state charges
$180 MINIMUM for a police initiated tow....


Brian Whatcott Altus OK

BUI While Anchored
 

On Sat, 04 Apr 2009 10:57:51 -0500, Brian Whatcott
wrote:

No great harm done. I DID wonder about whose brother in law the tow
truck operator was, when I paid the $120 bill.
Could have been worse: one tow operator in Washington state charges
$180 MINIMUM for a police initiated tow....

I'd get a lawyer, sue for false arrest, try to recover costs and get
your record expunged. That's really inexcusable.

BUI While Anchored
 

On Sat, 4 Apr 2009 11:36:52 -0400, "Armond Perretta"
wrote:

I came across a post on another list in which a USCG officer was quoted as
saying that Boating Under the Influence regulations are enforceable on
anchored and moored vessels. The official cited the possibility that the
operator may be called upon to operate the anchored vessel and was thus
committing a safety violation. I can find nothing on the Internet to
support this interpretation, and suspect there _is_ nothing to support it.
The official seemed to be playing fast and loose with the definition of
"underway."

Comments?

I've certainly read of numerous cases where someone was arrested for
driving under the influence when found sleeping in a parked car.

BUI While Anchored
 

"Dave" wrote in message
...
On Sat, 04 Apr 2009 13:48:16 -0400, said:

I've certainly read of numerous cases where someone was arrested for
driving under the influence when found sleeping in a parked car.

Many years ago, I prosecuted a case somewhat like that. The defendant was
asleep when found, the vehicle smelled of alcohol, and he failed a
sobriety
test when awakened. The case wasn't a slam dunk, though. I still had to
prove that he had been operating the vehicle in that condition. The judge
bought my argument that he could infer that the defendant had been
operating
the vehicle from the fact that the front of the car was smashed in and
sitting against a lamp post, and the engine was running. g


Would you have prevailed if he didn't have the keys?

--
"j" ganz @@
www.sailnow.com

BUI While Anchored
 

"Armond Perretta" wrote in message
...
I came across a post on another list in which a USCG officer was quoted as
saying that Boating Under the Influence regulations are enforceable on
anchored and moored vessels. The official cited the possibility that the
operator may be called upon to operate the anchored vessel and was thus
committing a safety violation. I can find nothing on the Internet to
support this interpretation, and suspect there _is_ nothing to support it.
The official seemed to be playing fast and loose with the definition of
"underway."

Comments?


I wonder if similar thinking applies to Merchant Marine Officers who
experience flashbacks (recurring LSD trips) all the time.

BUI While Anchored
 

Brian Whatcott wrote:
Armond Perretta wrote:

I came across a post on another list in which a USCG officer was
quoted as
saying that Boating Under the Influence regulations are enforceable on
anchored and moored vessels. The official cited the possibility that the
operator may be called upon to operate the anchored vessel and was thus
committing a safety violation. I can find nothing on the Internet to
support this interpretation, and suspect there _is_ nothing to support
it.
The official seemed to be playing fast and loose with the definition of
"underway."

Comments?



Reminds me of my recent (and only) arrest record.

Ticketed for a seat belt violation while I was CORRECTLY wearing a seat
belt. Like many other folks, I have signed a ticket for a minor
traffic violation or two in the past, but this caught me on the wrong foot.

I was not happy when the fresh green patrolman told me he had seen me
some minutes earlier NOT wearing a seat belt while he was driving on a
5-lane highway, in the opposite direction (where the closing speeds
would have been about a hundred, I suppose.)
I didn't buy it, and I wouldn't sign.

So you caused your own arrest, right? Signing the ticket is no admission
of guilt and there is no rational reason not to sign it. If you would
have signed it you would have proceeded home, not been arrested and not
needed the tow. And there's no chance of suing for false arrest. Slam
dunk case since you obviously wouldn't sign the ticket.

Stephen

BUI While Anchored
 

Stephen Trapani wrote:
Brian Whatcott wrote:
.......

Reminds me of my recent (and only) arrest record.

Ticketed for a seat belt violation while I was CORRECTLY wearing a
seat belt. Like many other folks, I have signed a ticket for a minor
traffic violation or two in the past, but this caught me on the wrong
foot.

I was not happy when the fresh green patrolman told me he had seen me
some minutes earlier NOT wearing a seat belt while he was driving on a
5-lane highway, in the opposite direction (where the closing speeds
would have been about a hundred, I suppose.)
I didn't buy it, and I wouldn't sign.

So you caused your own arrest, right? Signing the ticket is no admission
of guilt and there is no rational reason not to sign it. If you would
have signed it you would have proceeded home, not been arrested and not
needed the tow. And there's no chance of suing for false arrest. Slam
dunk case since you obviously wouldn't sign the ticket.

Stephen

I did indeed cause my own arrest. I have so little experience of signing
tickets when believing I'm innocent (none, in fact) that the idea that
signing a ticket is simply a promise to show up on some date and/or pay
a fine or plead nolo contendere did not surface in my mind. If you
don't sign, you WILL be arrested, as I now see.
Moreover, when I appeared in court next day for a hearing, the judge
offered a no jury trial date, or as he said, "plead guilty and get it
over with." And so I did under protest, to spare my wife who was
waiting with me, further distress.

Still, within a week, she suffered the first mini-stroke of her life.
A TIA Probably no connection.....

Brian Whatcott Altus OK