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  #21  
Old 08-07-2012
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Re: Drunk boater had 16 kids on 22-foot boat

Worst part is the harsh DWI laws when children are passengers do NOT count on boat BWI YET

And remember in Suffolk the field test is ONLY probable cause to be taken to the machine at which time you have had perhaps two hours to lower you BAC

As it would be a felony like a DWI
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  #22  
Old 08-07-2012
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Re: Drunk boater had 16 kids on 22-foot boat

Quote:
Originally Posted by ParadiseParrot View Post
fishing and drunks make poor companions.
Isn't that what fishing folk call "Mooching"?
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  #23  
Old 08-07-2012
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Re: Drunk boater had 16 kids on 22-foot boat

Video and story here: Man arrested for driving boat packed full of children drunk | 7online.com

Great to see the police stepping up enforcement in the wake of the July 4th tragedy. The reality is there is a lot of money very little sense in the New York area. There was also another recent accident where a high performance boat hit a sportfish and a passenger on the sportfish died. The owner of the speedboat was intoxicated.

Sad end: Searchers find man's body after drunken boat crash - NYPOST.com

I hope that Suffolk and Nassau counties will start prosecuting to the fullest extent they can. The reality is that very few of these charges ever end in convictions. If we could actually hold people responsible it will hopefully increase awareness and make people think twice before doing stupid things.

New York law prohibits reckless operation of a vessel. Reckless operation of a vessel is that which unreasonably interferes with the free and proper use of the navigable waters of the state or unreasonably endangers any other vessel or person. The following are some examples of reckless operation.
◆ Failure to Regulate Speed is going faster than is reasonable and prudent under the conditions (vessel traffic, weather, closeness to shore, etc.) or not having regard for actual or potential hazards. Some examples are:
• Operating at an excessive speed in the vicinity of other vessels or in
Remember ...
As the owner of a vessel, you may be held liable for the unlawful operation of your vessel by others.
dangerous waters
• Operating at greater than “slow, no wake speed” in any posted “no wake” zone
• Operating at greater than the posted speed limit on any body of water • Operating at a speed that causes damage from the wake of your vessel
◆ Improper Distance is operating a vessel at greater than five miles per hour when operating within 100 feet of:
• The shore
• A dock or pier
• A raft or float
• An anchored or moored vessel
◆ Riding on the Bow, Deck, or Gunwale is allowing passengers to ride on the
bow, gunwale, transom, seat backs, seats on raised decks, or any other place
that is not equipped with fixed seating and there may be a chance of falling overboard. This does not apply to persons involved with mooring, anchoring, or handling the sails of a vessel.
◆ Reckless Operation are other acts which disregard the safety of yourself and/or others:
• Jumping the wake of another vessel too close to that vessel
• Weaving through congested traffic
• Swerving at the last minute to avoid a collision
• Overloading the vessel beyond the recommended capacity shown on the
capacity plate installed by the vessel manufacturer
◆ Unsafe Condition is operating a vessel in a condition that causes a hazard
to the occupants or others on the waterways. Law enforcement officers
may instruct the operator to immediately return to the nearest dock or safe anchorage, and the operator may not continue operating until the condition is corrected. Examples of conditions that are considered unsafe operation include: • There are insufficient personal flotation devices, fire extinguishers, backfire
flame arrestors, ventilation systems, or navigation lights.
• The boat is overloaded or overpowered.
• The operator is intoxicated.
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  #24  
Old 08-07-2012
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Re: Drunk boater had 16 kids on 22-foot boat

Quote:
Originally Posted by k_p_m View Post
I know I am new here, but it very easily could have been one of these very popular wakeboard boats and as mentioned two or three beers. Check the capacity (not that I am in anyway justifying this guys behavior- he was def wrong.) I just would like a few more facts as well before judging the level of stupidity.

Supra Luxury Ski and Wakeboard Boats | Launch 22V
where on that boat would you put 15 people? what if they move to one side? come on, it may have buoyancy but I can't believe a manufacturer would list that capacity. It does not look to even have seats for that many.
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Old 08-07-2012
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Re: Drunk boater had 16 kids on 22-foot boat

I am sure this will NOT go well for the accused if convicted BUT they can only stack misdemeanor charges for two years

And sadly as the LAW stands a car would be a Leandra's Law Class E Felony BUT a boat is a misdemeanor charge
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Old 08-08-2012
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Re: Drunk boater had 16 kids on 22-foot boat

Mmm... childhood experiences

Lets see:

9 kids who will never set foot on a boat again..
1 kid who will now become a DNR officer..
3 kids who will set foot on a boat again, but not ever with anyone intoxicated..
2 kids who will get into sailing because even though it was what it was, they got a taste of the water and became hooked..

And one kid who will become an alcoholic L/A on a Hunter 27 that never leaves the slip..
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