Boat BUI
01-11-2009, 09:37 AM
#21
Registered
I don't have any DUI's or BUI's but I see checkpoints as a dangerous infringement on personal freedom.
01-12-2009, 12:10 AM
#23
Charter Member # 55
Charter Member
Checkpoints are illegal on Michigan roads but I was told by a Sheriff deputy that they can randomly stop boaters. Seems inconsistent; anybody know if it's true? If you refuse a breath test on the road they can take your license, but what happens on the water where you don't have a license?
I don't have any DUI's or BUI's but I see checkpoints as a dangerous infringement on personal freedom.
I don't have any DUI's or BUI's but I see checkpoints as a dangerous infringement on personal freedom.
01-12-2009, 04:57 PM
#24
Registered
This instance......
As for this video - the stated reason for stopping him was "transom riding" which I cannot see happening but its really blurry.
Certainly I see no one riding on the hatch, so as to weather or not its a legal bust I couldnt say. It could be if you have your butt on the hatch and your legs dangling on the backrest you are "transom riding" at the same time the guy was in a no wake zone apparently heeding the speed limit.
as the attorney here mentions- a .32?
Really? I dont think so-
I did not see the officer SHOW the readout to the boater.
I was told I was drunk while stopped on a motorcylce ride once.
I blew into the machine and it screamed at me then all of the sudden I was on my way to the car /jail that night.
Just by chance I asked that the officer show me the meter I was .075-, BUT if I did not ASK him to show me the readout- Id have a dui on my record right now.
After a long discussion with his buddy they "let me go" - <Back to the hotel room I was already parked in front of.> Not before warning me not to show my face in "their town again" (no prob Ill never pay for me and 10 of my friends to stay and eat there again)
I run hot and cold on stuff like this, on one hand I appreciate the presence of the law, on the other If the guy was sober the "transom riding" stop seems like complete BS to me.
What if you are idling up to a beach and have someone climb on the bow on the lookout for rocks? Can you get pulled over for bowriding at idle or less?
I just don't know about this one- we see X but hear Y.
Uncle Dave
01-12-2009, 05:33 PM
#25
Registered
HEY Boatme, You forgot my lawsuit against you, and I WON ! I should have had Headlines direct make a nice plaque for me with a picture of you filling out the check with a SMILE and putting it in the mail to me 
01-12-2009, 10:35 PM
#27
Charter Member # 55
Charter Member
Its a fine line, I was pulled over on the water one morning in Parker and let go after waiting almost an hour to be " questioned" not sure thats remotely legal. An hour seems extreme to me. It really depends on the idividual circumstances though. It also depends on how much you pushed the issue to try and leave. If you're not under arrest, 30-40 mins is about the limit on detaining somebody
As for this video - the stated reason for stopping him was "transom riding" which I cannot see happening but its really blurry.
Certainly I see no one riding on the hatch, so as to weather or not its a legal bust I couldnt say. It could be if you have your butt on the hatch and your legs dangling on the backrest you are "transom riding" at the same time the guy was in a no wake zone apparently heeding the speed limit.
They said riding on the transom, but actually there was somebody riding on the front deck. It is plenty of probable cause to be stopped.
as the attorney here mentions- a .32?
Really? I dont think so-
I would like to know what his actual legal breath/blood test was.
I did not see the officer SHOW the readout to the boater.
It just might not have shown it in the video. either way, he is not required to show him the result. In general, I show people their result as a courtesy. Just like having a right to see the radar reading though, its a myth. Without seeing his HGN/eye test, I can't determine if he's that high. I have seen people with alcohol levels that high that function rather well, but not many.
I was told I was drunk while stopped on a motorcylce ride once.
I blew into the machine and it screamed at me then all of the sudden I was on my way to the car /jail that night.
Just by chance I asked that the officer show me the meter I was .075-, BUT if I did not ASK him to show me the readout- Id have a dui on my record right now.
The little machine is on the street is a Preliminary Breath Test and acts another Field Sobriety test. It is not the result used in court. You have to take a much more accurate and state regulated breath or blood test.
After a long discussion with his buddy they "let me go" - <Back to the hotel room I was already parked in front of.> Not before warning me not to show my face in "their town again" (no prob Ill never pay for me and 10 of my friends to stay and eat there again)
A person does need to blow over on the street test to be taken for the legal test. There just has to be probable cause to show that you are impaired. Sounds like the cop was being a dik though.
I run hot and cold on stuff like this, on one hand I appreciate the presence of the law, on the other If the guy was sober the "transom riding" stop seems like complete BS to me.
What if you are idling up to a beach and have someone climb on the bow on the lookout for rocks? Can you get pulled over for bowriding at idle or less?
From what I have read in a few states laws, it is ok to ride on the bow or deck for docking or mooring purposes
I just don't know about this one- we see X but hear Y.
Uncle Dave
As for this video - the stated reason for stopping him was "transom riding" which I cannot see happening but its really blurry.
Certainly I see no one riding on the hatch, so as to weather or not its a legal bust I couldnt say. It could be if you have your butt on the hatch and your legs dangling on the backrest you are "transom riding" at the same time the guy was in a no wake zone apparently heeding the speed limit.
They said riding on the transom, but actually there was somebody riding on the front deck. It is plenty of probable cause to be stopped.
as the attorney here mentions- a .32?
Really? I dont think so-
I would like to know what his actual legal breath/blood test was.
I did not see the officer SHOW the readout to the boater.
It just might not have shown it in the video. either way, he is not required to show him the result. In general, I show people their result as a courtesy. Just like having a right to see the radar reading though, its a myth. Without seeing his HGN/eye test, I can't determine if he's that high. I have seen people with alcohol levels that high that function rather well, but not many.
I was told I was drunk while stopped on a motorcylce ride once.
I blew into the machine and it screamed at me then all of the sudden I was on my way to the car /jail that night.
Just by chance I asked that the officer show me the meter I was .075-, BUT if I did not ASK him to show me the readout- Id have a dui on my record right now.
The little machine is on the street is a Preliminary Breath Test and acts another Field Sobriety test. It is not the result used in court. You have to take a much more accurate and state regulated breath or blood test.
After a long discussion with his buddy they "let me go" - <Back to the hotel room I was already parked in front of.> Not before warning me not to show my face in "their town again" (no prob Ill never pay for me and 10 of my friends to stay and eat there again)
A person does need to blow over on the street test to be taken for the legal test. There just has to be probable cause to show that you are impaired. Sounds like the cop was being a dik though.
I run hot and cold on stuff like this, on one hand I appreciate the presence of the law, on the other If the guy was sober the "transom riding" stop seems like complete BS to me.
What if you are idling up to a beach and have someone climb on the bow on the lookout for rocks? Can you get pulled over for bowriding at idle or less?
From what I have read in a few states laws, it is ok to ride on the bow or deck for docking or mooring purposes
I just don't know about this one- we see X but hear Y.
Uncle Dave
01-12-2009, 11:41 PM
#28
Registered
I didn't think you were riling anything up.
I for one appreciate your input in the thread.
Ill take another look at the front of the boat in the video -
I agree if that's the case hes asking to be pulled over.
At the same time thought my stories might give different perspective.
As for not having to "show" a radar gun or breath device-
As much as Id think that would be the fair thing to do Im not surprised at all to hear you say that.
The simple reality of the standard citizen is that Police do anything they want, to anyone they want, any time they want, for whatever reason they want.
As I said before I appreciate the presence of the law but the police occasionally need policing themselves.
Uncle Dave
I for one appreciate your input in the thread.
Ill take another look at the front of the boat in the video -
I agree if that's the case hes asking to be pulled over.
At the same time thought my stories might give different perspective.
As for not having to "show" a radar gun or breath device-
As much as Id think that would be the fair thing to do Im not surprised at all to hear you say that.
The simple reality of the standard citizen is that Police do anything they want, to anyone they want, any time they want, for whatever reason they want.
As I said before I appreciate the presence of the law but the police occasionally need policing themselves.
Uncle Dave
01-13-2009, 01:14 AM
#29
Platinum Member
Platinum Member
iTrader: (1)
I have mixed feelings about BUI,I occasionally have a few beers while boating IF I'm not going to be doing any high speed driving and I have done the pbt while boating and driving vehicles at least a dozen times in past 10 years and have NOT been legally drunk or even really impaired (at least by Michigans old standards,the new law doesn't specify any bac for impaired,just anything above .02 below .08). Heres a typical "safety" stop by our local law,including the Coast guard. Stop at hooters and eat dinner with the boat,have a few beers over 2 hours (2-3),pull away from the dock and immediately get pulled over,like the other 10 boats I watched getting pulled over leaving hooters while I was eating. First question I ask is WHY AM I BEING PULLED OVER,law enforcement claims it merely a safety inspection but immediately proceeds to question if I was drinking at the restaurant,not really interested in doing a safety inspection once they see I have life jackets out and all the other required stuff. I tell them the truth-yes,I had a few beers-keep in mind I weigh 275 lbs. They start their bs,your going to do a field sobriety test,hold your finger on your nose and count backwards while skipping every other number while standing on one foot with your eyes closed twirling counter clockwise while patting your stomach with your other hand. I simply just say NO,just like I have done every other time. I DO NOT have to play your stupid fukking games that are going to make ANYONE including a sober Nun look drunk,just get out your pbt machine (which they are going to do anyways) and we'll get this over with. I have usually blown a .02-.04,they let me go with a stern warning about the dangers of drinking and driving and I tell them it's a unreasonable violation of a persons civil rights to pull them over specifically because there boat was at hooters or similar,you couldn't do it to someone in their auto.
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
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
01-13-2009, 09:59 PM
#30
Registered
I have mixed feelings about BUI,I occasionally have a few beers while boating IF I'm not going to be doing any high speed driving and I have done the pbt while boating and driving vehicles at least a dozen times in past 10 years and have NOT been legally drunk or even really impaired (at least by Michigans old standards,the new law doesn't specify any bac for impaired,just anything above .02 below .08). Heres a typical "safety" stop by our local law,including the Coast guard. Stop at hooters and eat dinner with the boat,have a few beers over 2 hours (2-3),pull away from the dock and immediately get pulled over,like the other 10 boats I watched getting pulled over leaving hooters while I was eating. First question I ask is WHY AM I BEING PULLED OVER,law enforcement claims it merely a safety inspection but immediately proceeds to question if I was drinking at the restaurant,not really interested in doing a safety inspection once they see I have life jackets out and all the other required stuff. I tell them the truth-yes,I had a few beers-keep in mind I weigh 275 lbs. They start their bs,your going to do a field sobriety test,hold your finger on your nose and count backwards while skipping every other number while standing on one foot with your eyes closed twirling counter clockwise while patting your stomach with your other hand. I simply just say NO,just like I have done every other time. I DO NOT have to play your stupid fukking games that are going to make ANYONE including a sober Nun look drunk,just get out your pbt machine (which they are going to do anyways) and we'll get this over with. I have usually blown a .02-.04,they let me go with a stern warning about the dangers of drinking and driving and I tell them it's a unreasonable violation of a persons civil rights to pull them over specifically because there boat was at hooters or similar,you couldn't do it to someone in their auto.
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
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
