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Originally Posted by anewway
(Post 3421568)
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. The houseboat bui, the cop saw and heard. Then approaches, still random. But he knew he'd bag someone. |
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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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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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.. |
Originally Posted by anewway
(Post 3421568)
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. |
Originally Posted by scarab63
(Post 3421607)
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. |
Originally Posted by HTRDLNCN
(Post 3421424)
A boat anchored for the night is your residence no different than being in an RV at a park, so you are okay with cops just barging on to your rv or even house to do a check?
Many people live on houseboats, its their home, no way should any officer be entitled to bust in and arrest someone in an anchored houseboat or any anchored boat for that matter. |
Originally Posted by scarab63
(Post 3421607)
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. 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. |
Originally Posted by anewway
(Post 3421667)
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. Me personally if I was cop I would just sit from a far and watch with binoculars, and only intervene in a crisis. Or I would wait till people leave to go home then hammer them on their way out. |
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. RD |
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