Am I an 'operator' at anchor? - Page 7 - SailNet Community
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post #61 of 85 Old 06-28-2013
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Re: Am I an 'operator' at anchor?

I know 1st hand that once police were allowed to confiscate and keep, or sell vessels and vehicles, the were much more aggressive in this area.

many of the PD departments relied on this income to operate.


but to answer the OP question, I doubt any judge will convict of BWI, if you are at anchor, and have the intention of not leaving until the morning, when sober.

at anchor at 2pm, on a day sailor or skiff, would be much different than a cabin cruiser or large sailboat.
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post #62 of 85 Old 06-28-2013
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Re: Am I an 'operator' at anchor?

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Originally Posted by JimMcGee View Post
I agree there's a need to police BUI. I don't drink when I'm sailing, not because I think one beer would impair me, it's just something I don't do. But I don't think a couple of beers with my steak at anchor is worthy of anyone's attention.

My point is simply that officers should approach the public with respect and professionalism, it's important that they not conduct themselves as being above the law. Perhaps decoupling the revenue from the citations would be a good start towards refocusing officers on public safety and away from revenue generation.
I would have to agree, if the police and the courts stopped using the fines as a revenue source, and simply did the job they are meant to do of keeping people who break the law in line, then we would not have the issues we have with them.

In all fairness, many times the pressure comes from the political and appointed leadership to generate revenue, and if the officer want to keep his job he has to write the tickets and bring the money in or be fired. My brother left a city police department for a job with a county sheriff's department for that very reason. At the time, and I assume it is still the same, the Attalla County Mississippi Sheriff's department had zero radar guns. Sheriff Lee, who recently died, told me once that they would never have them as long as he was sheriff, and that his job was to catch real criminals, and to assist the public, not set up speed traps to generate money for the county. Now that was a real Sheriff.

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post #63 of 85 Old 06-28-2013
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Re: Am I an 'operator' at anchor?

A group of state Alcoholic Beverage Control agents clad in plainclothes approached her, suspecting the blue carton of LaCroix sparkling water to be a 12-pack of beer. Police say one of the agents jumped on the hood of her car. She says one drew a gun. Unsure of who they were, Daly tried to flee the darkened parking lot.

Bottled-water purchase leads to night in jail for UVa student - The Daily Progress: News
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post #64 of 85 Old 06-30-2013
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Re: Am I an 'operator' at anchor?

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Originally Posted by Minnewaska View Post
This LEO bashing is getting tiresome. There has always been and will always be people that just don't like authority. Nothing new here. For every bad apple, which exist in all walks of life, including doctors, lawyers, priests, teachers and sailors, I can find you multiple LEO's that make great sailing buddies, good mothers and fathers and would be a friend to anyone here.

They work for the government in all cases. If you have a beef with the laws themselves, take it up with the people that write them. They also become pretty jaded by the number of public that presume them to be guilty, without having done anything to deserve it, and by the number of criminals they deal with daily. They are lied to about a dozen time per day. Hopefully, their lives are actually in danger less often.

To suggest that the US is a police state is the most ridiculous. It eliminates any constructive critique that may have attached to it. Spend some time on the street of a real police state.

Okay, these were not Marine Police, but unfortunately THIS is the cause of some of the "bashing".




Felony charges were dropped on Thursday against a 20-year-old University of Virginia student who says she panicked when undercover agents from the state's Alcohol Beverage Control division mistook her water purchase for beer.

According to Charlottesville (Va.) Daily Progress, the student, Elizabeth Daly, was walking to her car on April 11 at approximately 10:15 p.m. with a box of sparkling water, cookie dough and ice cream she had just bought from a local supermarket when the agents—six men and one woman, all in plainclothes—approached suspecting the box, a blue carton of LaCroix sparkling water, to be a 12-pack of beer. One jumped on the hood of her SUV; another pulled out a gun, Daly said, as her roommates seated inside looked on in horror.

"They were showing unidentifiable badges after they approached us, but we became frightened, as they were not in anything close to a uniform," Daly wrote in an account submitted to the court. "I couldn't put my windows down unless I started my car, and when I started my car they began yelling to not move the car, not to start the car. They began trying to break the windows. My roommates and I were ... terrified."

Daly's roommate in the front passenger seat told her to "go, go, go"—and that's what she did, apparently "grazing" two of the agents in the process.
The students called 911 as they left the parking lot, police said, and were pulled over by another agent driving a vehicle with lights and sirens, Charlottesville Commonwealth Attorney Dave Chapman told the paper.

Daly apologized when she realized who they were, Chapman said, but agents arrested Daly and charged her with two counts of assaulting a law enforcement officer and one count of eluding police—each carrying a maximum penalty of five years in prison and $2,500 in fines. She spent the night in Albemarle-Charlottesville Regional Jail.

"This has been an extremely trying experience," Daly wrote. "It is something to this day I cannot understand or believe has come to this point."

Either can Chapman.

"It wouldn't be the right thing to do to prosecute this," he said.

Nonetheless, Chapman "stood by the agents' decision to file charges, citing faith in a process that yielded an appropriate resolution."

"You don't know all the facts until you complete the investigation," he said.

CS 36M DIANTHUS
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post #65 of 85 Old 07-01-2013
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Re: Am I an 'operator' at anchor?

"Can't you get a DUI if you're sitting in your car, drunk, with the keys in the ignition?"
That will vary with your state laws. But in the more conservative states, even if you are sleeping it off in the back seat with your keys in your pocket, you'll still get some kind of drunk driving ticket.

DUI, BUI, your state laws will specify and if they are unclear, assume any gray area may be held against you. A reservoir, not being navigable waters connecting to the seas, should be outside USCG jurisidction.
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post #66 of 85 Old 07-01-2013
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Re: Am I an 'operator' at anchor?

I knew a guy in college who was driving drunk one night. He realized part way home that he should not be driving, so he stopped and went to sleep in his car. The cops woke him up a short time later. His car was in the middle of the road, facing the wrong way on a one way street. He didn't get a DUI because he had taken the keys out of the ignition.

On the other hand, I read about a woman who realized before she left the bar that she shouldn't drive, but her car was somewhere it couldn't stay for the night. She had a friend help her push the car across the road to a different lot. They never turned it on. She got a DUI, because she was steering.

Can't say I think these laws make a lot of sense.
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post #67 of 85 Old 07-01-2013
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Re: Am I an 'operator' at anchor?

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Originally Posted by sailordave View Post
Okay, these were not Marine Police, but unfortunately THIS is the cause of some of the "bashing". .....
I'm sure we can do this all day. For every anecdotal story of a jerk I can post one about a hero. Just like I did above.

The one story makes them all look bad, but that doesn't mean that are all actually bad. The vast majority are doing an honest job, work hard, would be great friends and are risking their lives on a regular basis. I know more than one that has been shot on duty, although, each lived thankfully. The last, however, will never be the same.

If you turn the tables, think about the anecdotal stories the LEOs can tell about the general public. Liars, thieves, thugs, killers. I suppose both sides are getting in the habit of painting the other with the same brush.


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post #68 of 85 Old 07-01-2013
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Quote:
Originally Posted by Minnewaska View Post
I'm sure we can do this all day. For every anecdotal story of a jerk I can post one about a hero. Just like I did above.

The one story makes them all look bad, but that doesn't mean that are all actually bad. The vast majority are doing an honest job, work hard, would be great friends and are risking their lives on a regular basis. I know more than one that has been shot on duty, although, each lived thankfully. The last, however, will never be the same.

If you turn the tables, think about the anecdotal stories the LEOs can tell about the general public. Liars, thieves, thugs, killers. I suppose both sides are getting in the habit of painting the other with the same brush.


And the point is?

The same could be said about the threads and stories ad nausea concerning CG rescues and boats taking a few incidents, blowing them out of proportion and deciding the " new sailor" of today is less experienced and ill equipped. Meanwhile most boaters are responsible and require no rescue.

It's SN human nature to capture the media interesting story and see that in posts here. Ths is no different, nor is it painting a picture about all LEOs. It's just SN SOP. Carry on


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Re: Am I an 'operator' at anchor?

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And the point is? ....... Carry on
You really have a way with words. An obnoxious way.


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post #70 of 85 Old 07-01-2013
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Re: Am I an 'operator' at anchor?

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Originally Posted by Minnewaska View Post
This LEO bashing is getting tiresome. There has always been and will always be people that just don't like authority. Nothing new here.
There's a lot more to it than just not liking authority. Before my time, as it has been told to me, cops were friends in the community. Someone you could trust. Nowadays, that has changed. Perfectly innocent people get nervous around cops. Why is that? For too many cops, we are all guilty until proven innocent. Law enforcement agencies breed this mentality.

In my state (and I am sure others), LEO just started using scanners to read license plates which will tell them if the vehicle registration is attached to someone who shouldn't be driving. They scrutinize 1000s of innocent folks with these gadgets, and then store the data (which is a whole other can of worms). Like I said, guilty until some gadget says we're innocent.

I'm glad you feel comfortable with all of this. I'm sure you're one of those people who say "just don't break the law and you have nothing to worry about." Well, I hope you're never on the wrong end of a LEO inquiry.
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