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-   -   Your state could be next!!! (https://www.offshoreonly.com/forums/general-boating-discussion/255174-your-state-could-next.html)

scarab63 06-06-2011 02:24 PM

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.

HTRDLNCN 06-06-2011 02:31 PM

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..

bsboss 06-06-2011 02:43 PM

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.

Smarty 06-06-2011 03:44 PM

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)

PhantomChaos 06-06-2011 03:59 PM

I don't have a front license plate on my car....... :D

mroberts 06-06-2011 04:53 PM

All I can say is that on Memorial Day Weekend I was in Dripping at about 12 noon and got 100% harassed by a new GRDA guy.

He clearly had it out for me. He caused a complete scene in the middle of the cove, followed me around, caused a scene again... then he really got the attitude and threatened to take me to jail for not following 'A DIRECT ORDER'. Had it not been for my girlfriend being on the boat and freaking out, I would have let his punk ass take me to jail. Trust me, based on this guy's behavior... he WILL try to bust YOU at the lake this summer. Dark skinned younger guy.. was driving a Baja on the day of my incident.

I also had another older GRDA guy come to the boat next to us the day before, and ask a middle aged woman what was in her cup. She had her head screwed on a lot better than me and said 'Lemonade'.. I would have spouted right off and said 'RBV... DUH!'

They are trying to encroach on our fun. Watch yourselves.

I have been looking into how and where to file direct complaints against stuff like this. I told a friend that in some ways I understand, because if I was the officer, I would hate someone like me too... but the problem was that I was acting completely in good faith of the law. He wanted to try to cause a scene and ruin my day.. but I wansn't going to let him win.

He was more concerned about me sticking my damn 2014 sticker IMMEDIATELY on my boat.. not about the 30 boats full of underage kids next to me bonging beers, smoking weed and whatever else. Lets screw with the guy with the big boat, totally behaving, and being totally polite and cordial...

DMOORE 06-06-2011 04:59 PM

This thread is quite disturbing. I simply can't believe that a law has been passed that basically lets them charge you with a crime, simply because there is a possibility, that you could drive. I believe the good people of OK need to do everything in their powers to get this law reversed.


Darrell.

scarab63 06-06-2011 05:16 PM

Mroberts. This is what I've been preaching. Most ( not all ) will F with you until your breaking point. I've been cited for not having my reg #s properly spaced. While others in viewing distance barf over the stern of boats. They pick n chose. HATERS because they rock a colmen crawdad with a minkotta and their chick on the bow is 2 bills +!!!!

I'm done with this thread now. Its making me wanna drink, but I'm scared!!!:angry-smiley-038:

oksunny 06-06-2011 05:41 PM

So what cove did this happen in? Was there more to the story like real loud music and houses in the cove that could hear the music???


we were in dripping all memorial day weekend and everyone was drinking beer in sight with no issues, other than the line of boats in the middle on sunday that couldn't get a single anchor in.

offshoredrillin 06-06-2011 06:29 PM


Originally Posted by DMOORE (Post 3421944)
This thread is quite disturbing. I simply can't believe that a law has been passed that basically lets them charge you with a crime, simply because there is a possibility, that you could drive. I believe the good people of OK need to do everything in their powers to get this law reversed.


Darrell.

Welcome to the business and money maker that has become dwi/dui/bui...all of it is arresting you for what you "could" have done. It's the only crime in america where you are arrested for what you "could" do... You "could" get in an accident, you "could" hit someone etc etc etc. Just because a woman has breasts and a vagina, she "could" be a prostitute, does that mean she is? Just because you like to look at women in bikinis, you "could" be a rapist..are you?

It's pathetic the standards that are put out there, yet here in MD they can tax alcohol another 3% because it makes them money, they make more in tax dollars off of the 3 vices ie; tobacco, alcohol and gambling (lottery).... limits keep dropping to appease people like MADD, who's ceo just got a DWI last month.

If someone IS involved in an accident while drinking by all means throw the book at them, legislated personal accountability...welcome to the sheeple world.


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