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Old 06-06-2011, 02:15 PM
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Thats always true or ask for blood, which is more accurate but if it takes two hours to get it then the BAC could go down. These tatics are only going to help you if your close, if your slammed you are done. And you lawyer is FOS, as long as they get a warrant for your blood no lawyer needs to be there
Asking for your lawyer to be present only gets you written down as a refusal and they can't question you. Certainly not an easy out, though. Go ask a criminal defense lawyer... not a general practitioner or civil lawyer. I would tell you what to do, except I cannot ethically advise someone on how to commit a crime. Maybe you can find one that will.
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Old 06-06-2011, 02:27 PM
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True you dont know. But waiting for a crime to happen or some gets killed is not the correct way to enforce laws either. People shouldnt be harassed as well. personally Boats should be zero tolerance for the driver, as long as one person on the boat can pass the test as a zero then your good to go. Thats the problem with BAC levels and I wish they would just do away with it, while operating anything. Now were stuck with how much is to much and nobody really knows whats going to push over .08, and even then somebody at .1 might be perfectly capable of operating. So I would say 0.0 for all operators, its stupid to say well you can have some but not a lot and by the way there is not sure fire method to tell you how many you can have.
Got any idea of how innacurate an intoxilyzer can be even when properly calibrated? Just thought I'd throw that out there. Google it.
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Old 06-06-2011, 02:29 PM
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Yes the guys were younger and im guessing fairly new. Which usually means out to make a point. Ive met alot of the guys at grand, tenkiller, texoma, etc and all are fairly nice. I once got pulled over by one of the guys at tenkiller early in the A.M. Because a friend was laying on the back platform puking and i was idling. It was a v-drive so really no danger from the prop. The guy was relaxed told me i was wrong gave me a warning, joked with my buddy about his drinking days, tossed some beads to the ladies and sent us on our way. Most the guys are like this. But this was playing the hard ass card.

The passenger deal was something they didn't pursue and you likely won't see it pursued. But it is there for interpretation by the officer and this guy obviously interpreted it that way as he threatened me with it. Like I said I have no doubt they prob won't ever pursue it as it's there mainly to keep people from saying oh our capt is off another boat or over on shore he'll be back soon. But the "moored" stipulation is there and apparently will be enforced. Maybe one of the kids spit on him and I missed it lol. Who knows. But it happened and can happen again so watch your butts guys.

Someone mentioned the texoma guys and dui's on golf carts... I had a buddy that got popped in soldier for the very thing.

Last edited by Tigeman; 06-06-2011 at 02:34 PM.
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Old 06-06-2011, 02:55 PM
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True you dont know. But waiting for a crime to happen or some gets killed is not the correct way to enforce laws either. People shouldnt be harassed as well. personally Boats should be zero tolerance for the driver, as long as one person on the boat can pass the test as a ze ro then your good to go. Thats the problem with BAC levels and I wish they would just do away with it, while operating anything. Now were stuck with how much is to much and nobody really knows whats going to push over .08, and even then somebody at .1 might be perfectly capable of operating. So I would say 0.0 for all operators, its stupid to say well you can have some but not a lot and by the way there is not sure fire method to tell you how many you can have.
Waiting for a crime to happen isn't a good way to enforce laws????? How else do you enforce laws? They must first be broken in order to enforce ... maybe start profiling? ??? All houseboat guys are drunks? All middle easterners are terrorist? ??all 91 fountain owners are retards without a leg to stand on???? Hardly seem fair to me
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Old 06-06-2011, 03:04 PM
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Originally Posted by Fountain4402 View Post
True you dont know. But waiting for a crime to happen or some gets killed is not the correct way to enforce laws either. People shouldnt be harassed as well. personally Boats should be zero tolerance for the driver, as long as one person on the boat can pass the test as a ze ro then your good to go. Thats the problem with BAC levels and I wish they would just do away with it, while operating anything. Now were stuck with how much is to much and nobody really knows whats going to push over .08, and even then somebody at .1 might be perfectly capable of operating. So I would say 0.0 for all operators, its stupid to say well you can have some but not a lot and by the way there is not sure fire method to tell you how many you can have.
Waiting for a crime to happen isn't a good way to enforce laws????? How else do you enforce laws? They must first be broken in order to enforce ... maybe start profiling? ??? All houseboat guys are drunks? All middle easterners are terrorist? ??all 91 fountain owners are retards without a leg to stand on???? Hardly seem fair to me
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Old 06-06-2011, 03:24 PM
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Trying to kill is breaking a law.. attempted murder..do u suggest a zero tollerence for weapons also? Lets ban responsible alcohol consumption on boats.... then ban the evil coffee on boats because caffeine makes boaters all crazy. Also no food on ski boats....don't want anybody getting swimmers cramp.
You give up one thing and many will follow.

I support safe responsible boating but also enjoy a couple coronas.

You sir stand so far to the right, that you stand alone.
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Old 06-06-2011, 03:31 PM
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So if my car is parked in my garage at home and the keys are in the same house and I drink a couple drinks in my own friggin house I should be arrested because I might be thinking of driving..
No different as an anchored boat is considered your home as long as it is anchored. I am amazed how easily some people are willing to let the goverment run their lives for them..
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Old 06-06-2011, 03:43 PM
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How about the revenue that will be lost from vistors from adjacent states? We have friends on house boat in Oklahoma @ Grand Lake, like to go down on holiday weekends, do have a few beers and good times, always make sure someone is DD to drive boat, and be safe. Decided not to go this year because of this "bs" we are hearing about the water patrol flexing there power. We spent alot of money in Oklahoma, fuel, food, motels, etc. I know we will be going elsewhere and friends are talking about selling and moving.
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Old 06-06-2011, 04:44 PM
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I posted this in 2007, but is still the law in New Jersey today, NJ boaters and BUI/DUI.

If you get a BUI (or DUI) in New Jersey, e-mail me. I will help you.

I posted this information in July 2007. I hope this will help inform New Jersey boaters of the BUI.

"Yes, the officer can and do charge people with BUI/DUI if they cannot pass the physical (field sobriety tests, observation, odor of alcohol) .

Example: If a driver of a car is weaving and touches the yellow line in the middle of the road, and is pulled over, and he has the odor of alcohol on his breath the officer will conduct the road-side sobriety tests. Once the lights go on on the officers the car the tape starts rolling (on NJSP cars and most towns). If you fail the test, then you are arrested so DUI. The Alco-test (New Jersey's new machine that replaced the Breathalyzer) will be administered. If your Blood Alcohol Concentration is less than .08 (BAC) you are considered under the legal limit; HOWEVER, if you smell and act intoxicated, and cannot successfully comply with the officer's commands (field tests), you can be charged with DUI.

The burden of proof is on the Prosecution, but the now charged individual (the defendant), has to put on a defense, and that means spending $$$ on a lawyer. In most instances the DUI will be dropped. Most Prosecutor's with these marginal cases will accept a plea deal when you have a lawyer on these marginal case; I have never seen a .07 BAC or less DUI charge, let alone a person charged with a .03 BAC (and no drugs). That just BS.

You can be convicted in NJ based just on the physical observation; If the BAC reading has been deemed to be inadmissable due to a variety of possible reasons (lawyer finding the holes in the Prosecution's evidence to have evidence barred/inadmissible) it just makes my job a little easier. But if you are on tape unable to stand , arguing, slurred speech, looking like a drunk - that can be very damaging to the defense of the charge, pretty obvious.

If you are convicted for Boating Under the Influence, first offense and you BAC is between .08 and .09, loss of boating privilege for 1 year, loss of automobile privilege for 3 months, fine range of $250 to $400, two days (not less than six hours each day) at the IDRC (intoxicated Driver Resource Center usually on a Friday evening and on a Saturday) twelve hours.

If your BAC is .10 and above on a first offense (conviction) you will lose your automobile driving privilege for seven months to one year, fine range of $300 to $500, and IDRC,(and your actual New Jersey license which will be surrendered to the court at sentencing on both the .08 to .09 conviction and the .10 and above conviction) . Now these are just the plain vanilla charges, if there is personal injury there are enhanced penalties.

The court has the discretion to sentence you up to thirty days.

Other fines include, $200 to DWI enforcement, $50 Violent Crime Compensation Fund, $75 Safe Neigborhood Fund, $200 restoration fee, $150 IDRC (Intoxicated Driver Resource Center), $33 court costs - these fines/cost(s) are mandatory.

There is a NJ DMV surcharge of $1,000 a year surcharge for three years for sencond and third offense convictions.

Second Offense, two year loss of license (motor vehicle), plus more enhanced penalties.
Third Offense, ten year loss of license (ditto)


Hope some of this information is helpful to all. If you get caught, it is very costly.

PS, the charge for you computer literate researchers is ----
N.J.S.A. 39:4-50 Driving while intoxicated"

Stephen R. Jones, Attorney-at-Law (and performance boater)
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Old 06-06-2011, 04:59 PM
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I don't have a front license plate on my car.......
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