Boat BUI

[articfriends]

Originally Posted by wantsa311

One question - where is there a Hooters on the water?

Bay city mi,in downtown. The stories I mention of getting pulled over and hassled were between 97 and about 2000,they just got new breathilizers and cops/coast guard were acting like NAZI"S. I joined a class action lawsuit against the bay county sheriff's department for harrassment along with many others and after a couple hearings and some bad press the "safety " inspections decreased to about 1/10th of what they were,Smitty

[fdh]

Originally Posted by articfriends

On the other hand I see guys that are power drinking like theirs no tomorrow,3 times the legal limit endangering them selves and everyone else,they don't seem to ever get pulled over,Smitty

Party Heat on tv cracks me up. What are these guys (drivers) thinking.

[baja27]

It good to have some form of patrol on the water, BUT some cops and coast guard personnel have nothing better to do than ruin a good time. They really need to get a real job and stop letching the blood from good citizens.

[TWINBLOWN]

me too!

[Smarty]

If you get a BUI (or DUI) in New Jersey, e-mail me. I will help you.

I posted this information in July 2007. I hope this will help inform New Jersey boaters of the BUI.

"Yes, the officer can and do charge people with BUI/DUI if they cannot pass the physical (field sobriety tests, observation, odor of alcohol) .

Example: If a driver of a car is weaving and touches the yellow line in the middle of the road, and is pulled over, and he has the odor of alcohol on his breath the officer will conduct the road-side sobriety tests. Once the lights go on on the officers the car the tape starts rolling (on NJSP cars and most towns). If you fail the test, then you are arrested so DUI. The Alco-test (New Jersey's new machine that replaced the Breathalyzer) will be administered. If your Blood Alcohol Concentration is less than .08 (BAC) you are considered under the legal limit; HOWEVER, if you smell and act intoxicated, and cannot successfully comply with the officer's commands (field tests), you can be charged with DUI.

The burden of proof is on the Prosecution, but the now charged individual (the defendant), has to put on a defense, and that means spending $$$ on a lawyer. In most instances the DUI will be dropped. Most Prosecutor's with these marginal cases will accept a plea deal when you have a lawyer on these marginal case; I have never seen a .07 BAC or less DUI charge, let alone a person charged with a .03 BAC (and no drugs). That just BS.

You can be convicted in NJ based just on the physical observation; If the BAC reading has been deemed to be inadmissable due to a variety of possible reasons (lawyer finding the holes in the Prosecution's evidence to have evidence barred/inadmissible) it just makes my job a little easier. But if you are on tape unable to stand , arguing, slurred speech, looking like a drunk - that can be very damaging to the defense of the charge, pretty obvious.

If you are convicted for Boating Under the Influence, first offense and you BAC is between .08 and .09, loss of boating privilege for 1 year, loss of automobile privilege for 3 months, fine range of $250 to $400, two days (not less than six hours each day) at the IDRC (intoxicated Driver Resource Center usually on a Friday evening and on a Saturday) twelve hours.

If your BAC is .10 and above on a first offense (conviction) you will lose your automobile driving privilege for seven months to one year, fine range of $300 to $500, and IDRC,(and your actual New Jersey license which will be surrendered to the court at sentencing on both the .08 to .09 conviction and the .10 and above conviction) . Now these are just the plain vanilla charges, if there is personal injury there are enhanced penalties.

The court has the discretion to sentence you up to thirty days.

Other fines include, $200 to DWI enforcement, $50 Violent Crime Compensation Fund, $75 Safe Neigborhood Fund, $200 restoration fee, $150 IDRC (Intoxicated Driver Resource Center), $33 court costs - these fines/cost(s) are mandatory.

There is a NJ DMV surcharge of $1,000 a year surcharge for three years for sencond and third offense convictions.

Second Offense, two year loss of license (motor vehicle), plus more enhanced penalties.
Third Offense, ten year loss of license (ditto)


Hope some of this information is helpful to all. If you get caught, it is very costly.

PS, the charge for you computer literate researchers is ----
N.J.S.A. 39:4-50 Driving while intoxicated"

Stephen R. Jones, Attorney-at-Law (and performance boater)

[outriggers]

Smarty, I was told that most states will let you drive to work with a supended license, and N.J. is one of two that will not allow it. Is this true? Doug

[Smarty]

Originally Posted by outriggers

Smarty, I was told that most states will let you drive to work with a supended license, and N.J. is one of two that will not allow it. Is this true? Doug

Yes, that is true. New Jersey does NOT offer a provisional license/temporary license if convicted.

[Carguy08]

Originally Posted by articfriends

Bay city mi,in downtown. The stories I mention of getting pulled over and hassled were between 97 and about 2000,they just got new breathilizers and cops/coast guard were acting like NAZI"S. I joined a class action lawsuit against the bay county sheriff's department for harrassment along with many others and after a couple hearings and some bad press the "safety " inspections decreased to about 1/10th of what they were,Smitty

I love that hooters. I went to school out there and I was at that Hooters twice a week every week. All year long... Do they still have the boat races on the river?

[DucBoy]

Interesting perspectives here. As someone who used to carry a badge and now carries a law license (private practice, non-criminal), I identify with both sides -- it looks like a legit stop and, if he was anything close to .32 (I've seen it, but only once or twice), he deserves a trip to see the judge; that being said, I think we are all tired of BS stops and shakedowns by wannabees and funcops and all have stories reflecting the fact that it is getting a little crazy out there. The fact is that the water popo aren't going to stop and Congress is not going to extend the 4th Amendment to our boats so, in order to avoid making a bad thing worse, the answer is to make sure you aren't over the limit and make sure you have your act together when it comes to a safety inspection. I have found that great satisfaction can be had by sending the water popo on their way empty handed (the more aggressive they are, the more satisfactory it is!).

[excalibur1979]

Being a prior boarding officer in the coast guard I would just like to let you in on the federal side. If you are in US jurisdiction you may be boarded by the CG at anytime for anything. A vessel safety check is the beginning of a boarding and probable cause must be present for starting the BUI FST's. I wrote up around 50 BUI's because if was my job, not because I wanted to. Federally it is a civil offense, no jail, all that I wrote received $1000 dollar fines, no more, no less. The higher ups push to do boardings in certain areas so that puts the BUI's up. As for pulling everyone over leaving Hooters that is targeting. I hope I didn't write anyone up on OSO!