Than you as an attorney should naturally know: 0.0% BAC is the legal limit on people under the age of 21.

There has no disputing he had been drinking, nor that he flunked the on board sobriety test, nor that he doesn't sit there like he was supposed to... One can protect only up to the point a person refuses to be protected...and makes a decision above all common sense.

As an Attorney, I understand your job is to dilute the situation until your client gets the least amount of punishment... That is your job. But there is also people that do believe, that people ARE responsible for their own actions. Let me be clear, I am not a saint, nor am I preaching, but I philosophically disagree with saying the kid has no responsibility in his own demise.....

If the sequence of events is followed then yes he put himself in the situation. But being 20 and drunk shouldn't cost him his life. Once the cuffs are on he has no way of defending himself against harm therefore he's under the responsibility of professionals to process his infraction and levy the appropriate punishment in a competent manner.

What's the difference between this and land cops cuffing a drunk kid, placing him on the trunk of the cruiser and blaming the kid when he falls off on the way to processing?

First of all, the trunk lid is not a seat you would be sitting on. In the center of a boat, or if it was on the side, there would be at least 3 surfaces he would have been leaning up against or touching in order to hold him in place.

It has been stated he clearly jumped by the witnesses that have posted in the other thread. How do you protect a person who refuses to be protected? How would you do it differently and still be protected yourself from the person you are taking in?

You're reaching for a point that nobody understands or agrees with. Put the life preserver on properly, he can jump all he wants at that point.

If on a boat I would protect myself and the detained, by properly cuffing and putting a life jacket on properly like a trained professional, who's job is to know and uphold the laws on the water, should have. Quit defending the cops. When the water patrol detained him, they took full responsibility for the kid and his actions since he was in their custody. You keep saying what if he killed somebody? So I'm gonna ask you what if they didn't arrest him and he didn't kill anybody? He would be alive and everybody would go home. You can't look at what if's you gotta look at the facts of what happened. The facts are a kid died because of a cops negligence.

Issues: BAC under 21, and Field Sobriety, Impairment, Death

Yes, as an underage driver of a vehicle, or boater in the state of New Jersey if the defendant's BAC is .01% but less than .08% it is illegal to operate the boat or automobile. The penalties if convicted are:
1. Loss or postponement of driving privileges for 30 to 90 days
2. 15 to 30 days of community service
3. Participation in an alcohol and traffic safety education program

He, the young man that died, may have had the odor of alcohol on his breath, I do not nor do you know the BAC. The field sobriety tests are a rigged game. I was charged with DUI in New Jersey in my hometown due to the fact I failed the field sobriety tests, I will support my position with facts:
State (Pitman, NJ) v. Stephen R. Jones
Ticket No.: MJ 000004, 000005
Offense: 39:4-50 (BAC of .03%), and 39:4-144

I did not do the field sobriety tests the night I was pulled over to the expectation level that the officer desired. I cannot imagine what tests were performed on a boat in the water by the officer in this young man's arrest. So I place little value in the field sobriety tests. And before the high and mighty saints on website burn me at the stake for having alcohol in my system then driving my car let me fill you in on the facts.

It was a Saturday night I was out with my new girlfriend I am 49 years old she is 21 and hot. We go to the local restaurant pub, I have two 12oz. Budweisers, one Vodka and Club Soda, and one Baileys on the rocks after dinner; this alcohol consumption was over the course of two hours and 15 minutes. I knew I was well under the limit, i told the officer at the stop my BAC would be .03 or .04 at max, but due to an overly aggressive and zealous Patrolman I would have never been charged. So before you make assumptions about a defendant charged with DUI/BUI and failing field sobriety testing it is as only good as the officer administering the test(s). The young man drowned in custody, so whatever that officer did to assume the boat operator was impaired/drunk, I place little value on his or her professional judgement and or capabilities that day (other days that officer may be effective and professional, but on this day the suspect in custody died).

I know what the officer's are looking for in field sobriety tests and I failed according to the patrolman who stopped me,so for a non lawyer 20 year old to allegedly fail field sobriety testing performed on the water and not on land so what? The suspect who died in this incident had failed the field sobriety tests, to me is not conclusive of anything, it is only an incremental building block for the prosecution in combination with a BAC reading that supports an allegation of impairment.

My DUI charged was dismissed, I should have never been charged...but the alas the field sobriety test I did not perform to the officer's liking at the scene, so hence the allegation of DUI. I do not like assumptions, I like facts, the young man is dead, that is a fact. I have no clue why or how he fell overboard but he did, why wasn't he secured if he so impaired? Once he was hand cuffed, the officer has a duty to safely transport the suspect, the suspect drowned, that is not acceptable it is that simple. I understand your rationale, but completely disagree with it.

Stephen R. Jones
Attorney-At-Law
Criminal and DUI Defense

I graduated high school in NJ when the drinking age was 18. I was going to the city with some friends for fun, exited the train in West Orange for drinks and missed the last train to the city. The police drove us from city limit to city limit, taking us back to Summit. This was when police were looking for the bad guy, not young adults out having a good time. It made a lasting impression in my life regarding police and how they were there to help me. Today, I do not understand how a can blowing out the back of a boat results in a young man losing his life. Take this story as you will.

Multiple witnesses on a water taxi say that he jumped.

From MWBP @ lake_carl

"the Bachelorette party my bus transported Saturday was on the playing hooky water shuttle and were very close and witness the event said the you man stood up was trying to work his way out of the pfd and clearly jumped off the boat. A few people got in water but unfortunate outcome. I talked for several minutes to the group the young man was with about many things before they knew of this event. Said the original stop was for a can blowing out of their boat."

"OK once again I heard from at least 7 different witnesses and 5 different people who were on the boat the young man was arrested on, those who watched had no doubt he jumped on purpose, his friends talking about the arrest while waiting for him to be processed and released who had no idea of the incident after arrest made it sound like it was no big deal and the victim was compliant and relaxed knowing not a big deal. I truly feel bad for all involved as it sounds like good kid had crazy unpredictable thought and jumped off boat, the officer was dealing with clean cut respectful young man who had too much to drink who had been told, you are being transported to office where paperwork will be done, ticket issued and you be free to enjoy the rest of weekend."

"when I was talking to his friends which is before they knew about this, they said he had drank too much and they had told him he should not drive, evidently one of more of them was ok to drive and they let them drive the boat away, and once again witnesses say he clearly jumped off the boat"

http://midwestboatparty.com/forum/sh...e-in-transport

What evert actually happened, you can bet the WP story will be that he jumped.

Police should have done a better job end of story !You hand cuff a guy behind his back on a boat????????They (the cops) should make sure he don't die trying to escape or flee!I hope they get sued good chance they will protect people a little smarter!Very sad 20 yr old raising hell a little dies??No valid reason for this!Time for robo cops a lot of great marine police out there this place is not one!:(