Coast guard and DUI's
05-07-2002, 10:22 PM
#1
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Coast guard and DUI's
A guy I know got pulled over last labour day coming out of PIB and they proceeded to put him through the test---he failed , then they made him blow ---OVER---. Nothing was done that night but towed 400' back to docks. He just got notice in the mail yesterday about this, giving him three choices:: guilty;guilty with explanation; not guilty. He's wondering if/when he pleads guilty will this follow him to canadain coast guard records, or even to his insurance company.???
Does anybody know anything about how this all works
You can PM me if you don't want things public. Thanx Dave
Does anybody know anything about how this all works
You can PM me if you don't want things public. Thanx Dave
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05-08-2002, 08:14 AM
#3
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Everyone can start throwing their stones; I readily admit that in my younger CG days I issued many civil penalties for boating while intoxicated.
Something did happen that night. The Coast Guards primary objective is to remove an intoxicated operator from the vessel before something bad happens. The most important event of the evening was that the boat was towed back to the dock and safely moored awaiting a fresh operator. Unless your friend committed some other offense this is a civil offense that has an associated penalty of not more that $1,000.00. The Coast Guard encourages person to respond in writing to the hearing officers with mitigating information. Again the intent is to remove the hazard and educate the user, not to issue fines, imprisonment, or other hardships. Now, some states do have memoranda of understandings that accept the Coast Guard Boarding Officers as peace officers and therefore the Federal Civil cite may also be applied in state court or be applied against state driving records. I would recommend that your friend or anyone that receives a white notice of violation from the Coast Guard reply in writing to the hearing officer with mitigating information. Be very careful if you feel you need a lawyer, most lawyers I have responded to have no idea what their dealing with when is comes to this part of U S Code and it may cost more than its worth. Again every case and circumstance is different, this is offered as a general observation from my experience as the Boarding Officer.
Something did happen that night. The Coast Guards primary objective is to remove an intoxicated operator from the vessel before something bad happens. The most important event of the evening was that the boat was towed back to the dock and safely moored awaiting a fresh operator. Unless your friend committed some other offense this is a civil offense that has an associated penalty of not more that $1,000.00. The Coast Guard encourages person to respond in writing to the hearing officers with mitigating information. Again the intent is to remove the hazard and educate the user, not to issue fines, imprisonment, or other hardships. Now, some states do have memoranda of understandings that accept the Coast Guard Boarding Officers as peace officers and therefore the Federal Civil cite may also be applied in state court or be applied against state driving records. I would recommend that your friend or anyone that receives a white notice of violation from the Coast Guard reply in writing to the hearing officer with mitigating information. Be very careful if you feel you need a lawyer, most lawyers I have responded to have no idea what their dealing with when is comes to this part of U S Code and it may cost more than its worth. Again every case and circumstance is different, this is offered as a general observation from my experience as the Boarding Officer.
05-08-2002, 08:26 AM
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I am unsure how it will relate to boating, however, if you are convicted of DWI in the U.S. you need to apply for a pardon to cross the border into Canada even if you are not the owner or operator of the vehicle. I think this is a great idea becuase it really enforces the ZERO TOLERANCE policy. Best of luck and I am glad no one was hurt.
Shane
Shane
05-08-2002, 09:06 AM
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Ahhhh, alcohol, the root of all evil.
Now we've all seen sober people who are more of a danger to society on the roads and the water. I for one do not think a sobriety test is any test of skill or competency, and half of us could not pass thier calasthenic test sober anyway. I'm not a fan of drinking and driving but be realistic, most people do it, and the people I know are more careful, because of the fear of being caught, because a DWAI can destroy somebodies career and life.
It just seems to me that it's turned into a business, and those kind of people are easy targets. And what really burns my ass, why is it okay for are Troopers to have a big golf outing, get all twisted and drive home? Or when have you ever seen a cop driving at the speed limit? Seems hypocritical to me.
Just my .02
Now we've all seen sober people who are more of a danger to society on the roads and the water. I for one do not think a sobriety test is any test of skill or competency, and half of us could not pass thier calasthenic test sober anyway. I'm not a fan of drinking and driving but be realistic, most people do it, and the people I know are more careful, because of the fear of being caught, because a DWAI can destroy somebodies career and life.
It just seems to me that it's turned into a business, and those kind of people are easy targets. And what really burns my ass, why is it okay for are Troopers to have a big golf outing, get all twisted and drive home? Or when have you ever seen a cop driving at the speed limit? Seems hypocritical to me.
Just my .02
05-08-2002, 09:13 AM
#6
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Originally posted by bajadave
Or when have you ever seen a cop driving at the speed limit?
Or when have you ever seen a cop driving at the speed limit?
I agree, big business!
Necessary? Yes...But still a hypocritical business.
05-08-2002, 10:23 AM
#9
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Bajadave, I wouldn't have replied to this at all, if it wasn't for what happened to me last night. I've always thought that every cop in my town drives like an a-hole. Nothing ever happens here, so when a call comes in, every cop on duty races 90 mph through town to get to whatever it is.
Back to my point. I was leaving my in-laws last night, who live in the same town as me, on a quiet little side street, like me. As I'm walking across the sreet to my truck, carrying my 7 month old daughter, a cop comes around the corner and rips down the street at what I'd guess to be around 60 mph. This is a 25 mph street, where 2 cars can't pass between the parked ones at the same time. A few seconds either way, and he could have run us both over easily.
After I got my daughter in the car, I drove in the direction Officer Dickhead went, to see what the rush was. Are you ready for this? 5, count 'em, 5 cop cars - for a kid who was maybe 14 on a stolen bike. Now that is worth running down a pedestrain for isn't it?
I ripped him a new one and felt a little better about it, but I'm still pissed. What do you do? I could go to the station today and make a complaint, but I know nothing will happen, except maybe to me if I get pulled over. Sorry for the long rant, this just really pissed me off, and has nothing to do with DUI at all.
Back to my point. I was leaving my in-laws last night, who live in the same town as me, on a quiet little side street, like me. As I'm walking across the sreet to my truck, carrying my 7 month old daughter, a cop comes around the corner and rips down the street at what I'd guess to be around 60 mph. This is a 25 mph street, where 2 cars can't pass between the parked ones at the same time. A few seconds either way, and he could have run us both over easily.
After I got my daughter in the car, I drove in the direction Officer Dickhead went, to see what the rush was. Are you ready for this? 5, count 'em, 5 cop cars - for a kid who was maybe 14 on a stolen bike. Now that is worth running down a pedestrain for isn't it?
I ripped him a new one and felt a little better about it, but I'm still pissed. What do you do? I could go to the station today and make a complaint, but I know nothing will happen, except maybe to me if I get pulled over. Sorry for the long rant, this just really pissed me off, and has nothing to do with DUI at all.
