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Old 06-06-2011, 12:00 PM
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Originally Posted by Tigeman View Post
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!
Were these GRDA guy(s) new?
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Old 06-06-2011, 12:13 PM
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So you are sitting on the patio of your house on a Saturday you did NOT take the boat out of the slip, having a few afternoon adult beverages. You remember that your good sunglasses are in the cabin of the boat, which is locked. The key to the cabin is on the same ring as the ignition key so you grab your keys and step on your boat to get your glasses. BUSTED

Or, your nice sunglasses were left in your car in the driveway, you go to get them (you always keep the car locked), the cop cruising by your house stops and demands a breath test, you fail. Double Busted.

You can't prove you WEREN'T going to take the boat out or drive the car. It probably won't hold up in COURT but would you risk facing the judge WITHOUT a Lawyer Present? It's OK, Lawyers work for free don't they?
I had a good friend in SC get arrested for DUI while sitting in his house. He was home watching TV, and a cop knocked on his door, asked him name, asked if that was his vehicle in the driveway, and asked him to step outside. Being a trusting guy, he did so, and once outside, the cop arrested him for suspicion of drunk driving. Someone had reported his vehicle operating in a suspicious manner and called the cops.

So he's sitting in his living room watching football and ends up in jail.

He eventually got the case tossed, but obviously there was a huge hassle and expense involved in doing so.
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Old 06-06-2011, 12:55 PM
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I had a good friend in SC get arrested for DUI while sitting in his house. He was home watching TV, and a cop knocked on his door, asked him name, asked if that was his vehicle in the driveway, and asked him to step outside. Being a trusting guy, he did so, and once outside, the cop arrested him for suspicion of drunk driving. Someone had reported his vehicle operating in a suspicious manner and called the cops.

So he's sitting in his living room watching football and ends up in jail.

He eventually got the case tossed, but obviously there was a huge hassle and expense involved in doing so.
Sounds like a whole different game. He may have been on a beer run or something earlier? The cop definitely had a reason to investigate. I've never heard of random couch sobriety check points!!! That situation sounds a bit fishy, and not in your buddy's favor.
The houseboat bui, the cop saw and heard. Then approaches, still random. But he knew he'd bag someone.
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Old 06-06-2011, 01:19 PM
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I'd encourage everyone to talk to their OK representative. We had a lot of success last year in changing the ATV laws after the gustopa started ticketing golf carts at lakehouses. Boycott the local businesses, inform the local business commerce. Remind them they are public servants.
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Old 06-06-2011, 01:31 PM
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I really don't see them giving passenges BUI's or drivers if they don't actually see someone driving. It just won't hold up in court and every single bar on land and water would be put out of business. Are they going to apply to the same laws to RV's? I doubt it.
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Old 06-06-2011, 01:35 PM
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There has GOT to be more to this story! Ive been on Grand for 30 years and have only seen ONE person get a BUI at a boat ramp because he was so hammered he couldnt get the boat on the trailer and they couldnt give him a DUI because he was using his tractor to pull it out. How can they possibly give someone ANY form of OPERATING ticket if the boat was anchored. Surely your lawyer can find the terminology and differences between boating and anchored.

Im not callin BS on the story, Im just sayin there may be a tad more to it. Why would they go looking around in a cove with just a couple boats in it versus pulling over ONE carver that could pay the summers fuel in BUI tickets in one stop at Dripping?

Its just not adding up. Id sure like to know who it was that did all the ticket writing.. Hell, they are probably on my FB friends list..
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Old 06-06-2011, 01:44 PM
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Originally Posted by anewway View Post
I had a good friend in SC get arrested for DUI while sitting in his house. He was home watching TV, and a cop knocked on his door, asked him name, asked if that was his vehicle in the driveway, and asked him to step outside. Being a trusting guy, he did so, and once outside, the cop arrested him for suspicion of drunk driving. Someone had reported his vehicle operating in a suspicious manner and called the cops.

So he's sitting in his living room watching football and ends up in jail.

He eventually got the case tossed, but obviously there was a huge hassle and expense involved in doing so.

I have a very good friend that i watched the same exact thing happen too. We had just gotten home and the cops came knocking on his door. Once outside, he was arrested. Unfortunaltey, his DUI stuck.

Thanks also for the email on this, I ll be forwarding it out.
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Old 06-06-2011, 01:57 PM
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Sounds like a whole different game. He may have been on a beer run or something earlier? The cop definitely had a reason to investigate. I've never heard of random couch sobriety check points!!! That situation sounds a bit fishy, and not in your buddy's favor.
The houseboat bui, the cop saw and heard. Then approaches, still random. But he knew he'd bag someone.
Yep, his vehicle had been out earlier, but no one could say he was the one driving. There was a 90 minute delay between the call into police and the time they showed up.

Needless to say there were a number of things wrong with the case, which is why it eventually got thrown out, but only after a lot of time and money was wasted.

As for busting people at anchor, I'm dead against it, but, I could see where they would say they have no way of knowing you are going to stay there or pull out the minute they leave. But, what is the point of having a DD if if they can arrest anyone with immediate access?

Also, did anyone note the comment in the previously mentioned article by the cruiser?

I'm a law-abiding citizen, but I'm suspicious of law enforcement picking people out for no reason and infringing on their individual rights, Blankenship said.

But in the paragraph above he says that they need to regulate high horsepower boats and the speeds at which they operate on waterways.

Sounds like a bit of a contradiction to me.
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Old 06-06-2011, 02:04 PM
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According to the news article linked earlier in the thread

http://www.newsok.com/oklahomas-new-...rticle/3570448

They say it doesn't matter if you are anchored. I'm going to tell you flat, if the boat isn't in motion, isn't running and IS anchored what they are doing IS UNCONSTITUTIONAL. Someone with a 1/2 a lawyer is going to challenge this and you're going to see whatever portion of that law that supposedly gives them the right to arrest someone on an anchored up houseboat disappear. The lowering from .10 to .08 will remain.

Anybody that isn't up in arms about this, needs to have their head examined. CA is a nazi state, and even we wouldn't tolerate that BS.

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Old 06-06-2011, 02:05 PM
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Im sure he was drunk driving before that. And if multiple people call in with that plate and they come to your house, that doesnt get you off the hook because your on the house.
Ahh, but see? How do you know HE was driving? It very well could have been someone else who drove them home, then got in their car and left. Or into their boat since he lives on a lake.

And how do you know he was drunk at the time? Maybe he was texting (stupid but not illegal).

Or maybe he had been drinking, but was under the limit, but since he had been home for an hour and a half watching football and having a couple of beers, he is now over the limit?

There are way too many variables. Same as with being at anchor. You don't know I'm the one who will be driving later or even IF we will leave before next Tuesday. There are too many variables, and while you can probably beat the case in most instances, it will cost you a lot of time and money to do so.
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