Your state could be next!!!
06-11-2011 | 03:53 PM
#171
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From: MA
Anybody who got fired up at one certain member on this thread like I did. Please take 30 seconds to look in the 'stolen / beware ' section. Its kinda funny what happened to him, and ill bet he contacted a lawyer on that one!!! LOL
06-12-2011 | 11:26 AM
#172
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The very idea that anyone could be arrested for bui in a houseboat at anchor is assinine. If the houseboat was under way, the usual rules should apply.
However, a houseboat at anchor is a house on the water and should be treated the same as any other house. There is absolutely no difference between between being tied to a slip or bring at anchor. In fact, it is much easier to untie from a slip than it is to retrieve an anchor. I know because I owned a houseboat for 4 fun-filled years.
Total B.S. law and I hope that my nieghbors in Oklahoma can get crazy law repealed. Good luck and may common sense prevail.
However, a houseboat at anchor is a house on the water and should be treated the same as any other house. There is absolutely no difference between between being tied to a slip or bring at anchor. In fact, it is much easier to untie from a slip than it is to retrieve an anchor. I know because I owned a houseboat for 4 fun-filled years.
Total B.S. law and I hope that my nieghbors in Oklahoma can get crazy law repealed. Good luck and may common sense prevail.
06-12-2011 | 11:37 AM
#173
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From: Boca/Brentwood
So a few months ago OK passed our new BUI law. We had always been .1 on the water and .08 on the road. I have zero problem with boating regulations being on par with vehicle limits. While I may not like the .08 opposed to the .1, I see the merits and won't raise hell about it. That said it's what they snuck in with the law that's totally F'd up!
You can now receive a BUI even if anchored. So if your in a house boat, or a boat w/ a cabin and planning on staying the night you can receive a BUI. If your anchored up, and playing hanky panky w/ the misses down below, and your both liquored up.... yep BUI. In addition, your passengers can now receive one as well. The passenger stipulation was wrote to keep people from saying, well, I'm not driving, he is....then that guy saying no, he is. Etc. etc. But it's so open ended that if you get a prick lake patrol (and we all know that guy).... then even your passengers are screwed.
Well the anchored up provision got a friend of mine this weekend. We were anchored up in a cove at Grand this weekend on a houseboat. We had been there since Friday and had 2 other boats tied up for runabout purposes. Well sat afternoon water patrol came up and tells us he's coming aboard for a safety check. Everything is good there but he asks the capt of the houseboat to submit to a sobriety test. Of course he says what for? We're not driving and we're anchored up and inside not outside. He says that doesn't matter now. Doc refuses and patrolman tells him he's under arrest for suspicion of BUI. So I began to question the patrolman about the validity since we're anchored and obviously staying the night there. His backup who recently arrived tells me to sit "my ass down" and shut up before I get a BUI too. Of course I'm kind of offended as my boats tied up outside and I'm going nowhere. I mention that, he tells us it no longer matters. So I sit down and shut up while we try and keep the kids calm as they're crying as dad gets hauled off for drinking a few beers on his "residence" for the weekend. I had seen the details of this law a while back and tried to fight it, but none of our legislators would fight it for fear of the backlash. I never thought the lake patrol here would push the passenger and anchored up issues, as most the guys I've met are pretty cool. Well apparently I was wrong.
The same person who wrote this legislation is now pushing through a 55mph speed limit on all state lakes. So batten down the hatches boys, as there's a **** storm coming our way!
You can now receive a BUI even if anchored. So if your in a house boat, or a boat w/ a cabin and planning on staying the night you can receive a BUI. If your anchored up, and playing hanky panky w/ the misses down below, and your both liquored up.... yep BUI. In addition, your passengers can now receive one as well. The passenger stipulation was wrote to keep people from saying, well, I'm not driving, he is....then that guy saying no, he is. Etc. etc. But it's so open ended that if you get a prick lake patrol (and we all know that guy).... then even your passengers are screwed.
Well the anchored up provision got a friend of mine this weekend. We were anchored up in a cove at Grand this weekend on a houseboat. We had been there since Friday and had 2 other boats tied up for runabout purposes. Well sat afternoon water patrol came up and tells us he's coming aboard for a safety check. Everything is good there but he asks the capt of the houseboat to submit to a sobriety test. Of course he says what for? We're not driving and we're anchored up and inside not outside. He says that doesn't matter now. Doc refuses and patrolman tells him he's under arrest for suspicion of BUI. So I began to question the patrolman about the validity since we're anchored and obviously staying the night there. His backup who recently arrived tells me to sit "my ass down" and shut up before I get a BUI too. Of course I'm kind of offended as my boats tied up outside and I'm going nowhere. I mention that, he tells us it no longer matters. So I sit down and shut up while we try and keep the kids calm as they're crying as dad gets hauled off for drinking a few beers on his "residence" for the weekend. I had seen the details of this law a while back and tried to fight it, but none of our legislators would fight it for fear of the backlash. I never thought the lake patrol here would push the passenger and anchored up issues, as most the guys I've met are pretty cool. Well apparently I was wrong.
The same person who wrote this legislation is now pushing through a 55mph speed limit on all state lakes. So batten down the hatches boys, as there's a **** storm coming our way!
Tail the cops that go around arresting people drop a dime on them see if they get cuffed I doubt it!!Level playing but you'll never have that in this economy taxes&laws to turn good people into criminals is not good for this country!
06-12-2011 | 12:55 PM
#174
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Joined: Jun 2004
Posts: 7,317
Likes: 1,037
From: frankenmuth michigan
NOBODY LIKES A LAWYER TILL THEY NEED ONE!!! Wise words, I don't know what is up your azz mr fountain 4402 but maybe this forum is a little different then what you are used to, lifelong friendships on here cross state lines and go back along ways !
As far as boarding peoples boats with no due cause just to harass someone at anchor looking for a dui bust is com plete bull*hit. We went thru something similar around here a few years ago, the local county sheriffs department decided to start interpreting the law to allow them to enter local bars, walk up to each patron and demand that they submit to breathelizers, if legally drunk they were citing people for public intoxication, and the bar was cited for serving a intoxicated patron. If they refused they were arrested for disorderly conduct or obstruction of justice. The bar owners very quickly were in a big uproar and it ended but it still itimidated people into not going to the bar. I like to have a drink once in a while but rarely frequent bars but I still think it was total bs. Now I could be all high and mighty like mr founttain 4402 and say they are getting what they deserved, after all why should anyone be out having a good time????? Smitty
As far as boarding peoples boats with no due cause just to harass someone at anchor looking for a dui bust is com plete bull*hit. We went thru something similar around here a few years ago, the local county sheriffs department decided to start interpreting the law to allow them to enter local bars, walk up to each patron and demand that they submit to breathelizers, if legally drunk they were citing people for public intoxication, and the bar was cited for serving a intoxicated patron. If they refused they were arrested for disorderly conduct or obstruction of justice. The bar owners very quickly were in a big uproar and it ended but it still itimidated people into not going to the bar. I like to have a drink once in a while but rarely frequent bars but I still think it was total bs. Now I could be all high and mighty like mr founttain 4402 and say they are getting what they deserved, after all why should anyone be out having a good time????? Smitty
06-12-2011 | 06:34 PM
#175
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Joined: Jun 2004
Posts: 476
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From: Wichita, KS
We went thru something similar around here a few years ago, the local county sheriffs department decided to start interpreting the law to allow them to enter local bars, walk up to each patron and demand that they submit to breathelizers, if legally drunk they were citing people for public intoxication, and the bar was cited for serving a intoxicated patron. If they refused they were arrested for disorderly conduct or obstruction of justice. The bar owners very quickly were in a big uproar and it ended but it still itimidated people into not going to the bar. Smitty
06-13-2011 | 08:02 AM
#176
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Joined: May 2010
Posts: 861
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From: New York
NOBODY LIKES A LAWYER TILL THEY NEED ONE!!! Wise words, I don't know what is up your azz mr fountain 4402 but maybe this forum is a little different then what you are used to, lifelong friendships on here cross state lines and go back along ways !
As far as boarding peoples boats with no due cause just to harass someone at anchor looking for a dui bust is com plete bull*hit. We went thru something similar around here a few years ago, the local county sheriffs department decided to start interpreting the law to allow them to enter local bars, walk up to each patron and demand that they submit to breathelizers, if legally drunk they were citing people for public intoxication, and the bar was cited for serving a intoxicated patron. If they refused they were arrested for disorderly conduct or obstruction of justice. The bar owners very quickly were in a big uproar and it ended but it still itimidated people into not going to the bar. I like to have a drink once in a while but rarely frequent bars but I still think it was total bs. Now I could be all high and mighty like mr founttain 4402 and say they are getting what they deserved, after all why should anyone be out having a good time????? Smitty
As far as boarding peoples boats with no due cause just to harass someone at anchor looking for a dui bust is com plete bull*hit. We went thru something similar around here a few years ago, the local county sheriffs department decided to start interpreting the law to allow them to enter local bars, walk up to each patron and demand that they submit to breathelizers, if legally drunk they were citing people for public intoxication, and the bar was cited for serving a intoxicated patron. If they refused they were arrested for disorderly conduct or obstruction of justice. The bar owners very quickly were in a big uproar and it ended but it still itimidated people into not going to the bar. I like to have a drink once in a while but rarely frequent bars but I still think it was total bs. Now I could be all high and mighty like mr founttain 4402 and say they are getting what they deserved, after all why should anyone be out having a good time????? Smitty
I firmly beleive this law in OK is to avoid the officers pulling up to a boat where everybody is drunk and everybody says they arent the driver. And yes you can say the cops cant prove they arent staying there for the night. But you dang well know those people are going to drive home later. It's wrong to arrest somebody before the act of crime occurs, but yet why wait till that person crashes into somebody and damages property or kills somebody? Personally the law is probably overboard, but I can see why its there. Personally if I was a cop I would just watch you wait till you fired it up then hammer your ace hard.
06-13-2011 | 08:14 AM
#177
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Joined: May 2010
Posts: 861
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From: New York
NOBODY LIKES A LAWYER TILL THEY NEED ONE!!! Wise words, I don't know what is up your azz mr fountain 4402 but maybe this forum is a little different then what you are used to, lifelong friendships on here cross state lines and go back along ways !
As far as boarding peoples boats with no due cause just to harass someone at anchor looking for a dui bust is com plete bull*hit. We went thru something similar around here a few years ago, the local county sheriffs department decided to start interpreting the law to allow them to enter local bars, walk up to each patron and demand that they submit to breathelizers, if legally drunk they were citing people for public intoxication, and the bar was cited for serving a intoxicated patron. If they refused they were arrested for disorderly conduct or obstruction of justice. The bar owners very quickly were in a big uproar and it ended but it still itimidated people into not going to the bar. I like to have a drink once in a while but rarely frequent bars but I still think it was total bs. Now I could be all high and mighty like mr founttain 4402 and say they are getting what they deserved, after all why should anyone be out having a good time????? Smitty
As far as boarding peoples boats with no due cause just to harass someone at anchor looking for a dui bust is com plete bull*hit. We went thru something similar around here a few years ago, the local county sheriffs department decided to start interpreting the law to allow them to enter local bars, walk up to each patron and demand that they submit to breathelizers, if legally drunk they were citing people for public intoxication, and the bar was cited for serving a intoxicated patron. If they refused they were arrested for disorderly conduct or obstruction of justice. The bar owners very quickly were in a big uproar and it ended but it still itimidated people into not going to the bar. I like to have a drink once in a while but rarely frequent bars but I still think it was total bs. Now I could be all high and mighty like mr founttain 4402 and say they are getting what they deserved, after all why should anyone be out having a good time????? Smitty
06-13-2011 | 08:19 AM
#178
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Joined: Aug 2010
Posts: 2,535
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From: MA
The problem is you have the law, then you have how the police interpret the law and then how the citizens interpret the law. Are some laws BS, sure. Are some cops bad cops, sure. Are there people out there doing the right and wrong thing YUP!! All the stories you mentioned above are always the type that somebody heard it from a friend. In all my years I have never been pestered by the police not once. I have never seen somebody hauled away just for having a fun time. More times than not I have seen people work themselves into an arrest, which if they would have stayed normal would have been fine. Problem is a lot of people dont like to be questioned by the police as soon as they do they get defensive. I'll go back to what I have said before, if you do the right thing 99.9 out of 100 you will have no issues. I have lived in MI, NY, OK, and VA, and have had performance cars and a boat just about in every state and have drank in every state, and have never had an issue, but then again I dont push it, if I drink I dont drive its simple. And the people that are getting into trouble probably deserve it majority of the time, theyre the ones with loud music, people doing dumb things around and in the boat, of course there going to get checked out.
I firmly beleive this law in OK is to avoid the officers pulling up to a boat where everybody is drunk and everybody says they arent the driver. And yes you can say the cops cant prove they arent staying there for the night. But you dang well know those people are going to drive home later. It's wrong to arrest somebody before the act of crime occurs, but yet why wait till that person crashes into somebody and damages property or kills somebody? Personally the law is probably overboard, but I can see why its there. Personally if I was a cop I would just watch you wait till you fired it up then hammer your ace hard.
I firmly beleive this law in OK is to avoid the officers pulling up to a boat where everybody is drunk and everybody says they arent the driver. And yes you can say the cops cant prove they arent staying there for the night. But you dang well know those people are going to drive home later. It's wrong to arrest somebody before the act of crime occurs, but yet why wait till that person crashes into somebody and damages property or kills somebody? Personally the law is probably overboard, but I can see why its there. Personally if I was a cop I would just watch you wait till you fired it up then hammer your ace hard.
06-13-2011 | 11:54 AM
#180
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Posts: 3,017
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From: Grand Lake (E-Dock Junior Varsity)
This is to the originator of this post. Please feel free to contact Josh Lee at [email protected] . He would like to speak to you aout representation. He handles mostly DUI cases. This law doesnt come into effect until August. I'm with a few others here thinking there is more to the story than what were hearing. Irregardless, if you need representation, HES YOUR MAN!!!!
I just feel theres more to the story. Im sure itll make light or fall off the top here soon..
