One more thing that is very interesting in New Jersey. I was in court in Hopatcong NJ this month, where another attorney had a thrid offense Boating Under the Influence (BUI) client (Lake Hopatcong). If your are convicted of a thrid offense Driving Under the Influence (DUI) in New Jersey it is a mandatory 180 days in jail, and a ten year loss of license; HOWEVER, this smart attorney was able find case law on piont and keep his client out of jail for the 180 days for the thrid offense conviction of Boating Under the Influence, but did lose his privilege to operate a boat for ten years. There is much more fact dependent information/subleties to this case, but at least the defendant was not incareated.

That was the first time that I had witnessed that defense successfully. So, bottomline...if your are jammed-up (arrested) in New Jersey call me!

Stephen R. Jones, Esquire
[email protected]

Here in MO (LakeO), you must be operating...
In my last criminal trial, I represented a guy who was behind the wheel of a pontoon with the motor on/idling but not in gear (officer never saw him drive). Upon my request, the court allowed me to modify the jury instruction to read, “'Operate', as used in Section 306.111 RSMo means 'to physically control the movement of a vessel in motion under mechanical or sail power in water'". No conviction. Another attorney down here represented a driver running 110 octane in a canopy boat and the officer said "I smell alcohol" - apparently the response was, "you could spill a keg of beer in here and it would smell the same". No conviction.

fixx
 

mine did not go against my driving record....i was forced to dock the boat by the same cop that gave me a dui..no i was not driving in just pulled it into a slip on the fox river and did it perfectly because i was the only one sober enough to do it..also i was the only one left on the boat that was not going to jail so they had to nail me with some charge...that what the fat ass mckenery county cop told me anyways...still costed me a few grand tho..

when are you in Canada?
 

:party-smiley-004: Last year i was drifting in the middle of the West Niagara River in New York when two Canadian police officers on jet skis approached. They did not ask to board, but said i was in Canadian waters and would have to be cited for drinking. I claimed that my understanding was that boaters are not in Canada until they drop anchor and call Customs. Besides, i am drinking Canadian beer. They laughed, but issued a $125.00 ticket to everyone drinking on board.Since the border is invisible, should i consider the whole river to be Canada? Additionally, boating in my area is overseen by the US Coast Guard, Customs/Homeland Security, Conservation, Parks Police, Sheriff Dept, and various town authorities. All this oversight makes boating in this area safe, but over-regulated.

That's a tricky, grey area:)

We get it here too on the Ohio River. Kentucky and Ohio patrol bank to bank, but where are you??? Sounds worse between to different countries.

For the most part I've found if you're not being an ******* you won't be treated like one.

You see a Hamilton county boat, head the opposite way! Got stopped last year for being polite coming off plain & trying to go by the crowd idling for the Buffet concert, this is around 4pm might I add. Stopped me claiming my buddy was sitting on the sunpad. He wasn't just standing on the floor & leaning back.

Full safety check, then I guess because its Buffet they wanna put a dog on my boat & let him sniff around. Don't know how many times I had to ask them to loosen up the lines so there damn rubber sided boat wouldn't bouncing off mine. Then as I start it up to leave tell me I can't drive my boat I've owned 5 years because I hadn't had a coast guard course & that my buddy has to drive because he's over the age where he was grand fathered in. Had to be born before 82, I was born in 84. Guys never drove a boat in his life, tell me how stupid that is!!

I beleive in 2011 a deal was struck by Canada and the U.S. (Detroit River Area for sure) that Police, Customs and Homeland Security could enforce boating regulations and Laws on both sides of the River or Lakes in International waters. I never have any alcohol on my boat except for pop or water. If we are pulled over and searched there is never a problem. When we want a drink we go to a Bar or Restaurant and have a bite to eat as well.