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Messages - BoatCop

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The No Wake Zone / Re: Boating Safety
« on: August 27, 2010, 07:15:48 AM »
i was talking to this younger guy on a job site the other day that told me that if you floated back down river because you knew that you or anyone else that was in your boat was probally over the limit(after hangin at the sandbar or something) is ok and legal as long as the boat was in not starting order. ( no keys in the ignition/batterys turned off) i told him i never heard of that before. then he said that he had done it before...WTF :screwy:

This is false. The law states that it is illegal for a person to operate or be in actual physical contrrol of a vessel UNDERWAY, if they are impaired to the slightest degree.

As stated above, UNDERWAY means not moored, anchored or aground. So even if drifting with the engine off and the keys out of the ignition, the OUI and other operation laws still apply. If no one is in the driver's seat, the law recognizes that the master (or owner) is responsible for the vessel, if on board. (remember Joe Hazelwood and the Exxon Valdez) In the absence of a registered owner, someone on the vessel MUST be in charge. If no one claims to be in charge, the vessel is presumed to be being operated by unauthorized person(s), possibly stolen and/or abandoned by its owner. In that case the boat will be towed, impounded and stored and the persons on board will be detained until we can determine the boat's status.

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The No Wake Zone / Re: Boating Safety
« on: August 26, 2010, 07:00:31 PM »
Alan,

have you ever asked someone to blow in your face to detect alcohol on their breath?

Howard19 says they asked him to do this at a safety check near the needles bridge  :screwy: :screwy: :screwy:

personally, i think it was a volunteer/rookie and the guys on the force were messing with him and he was gullible enough to actually asked him to do it.  ;D

I've never asked anyone to do it. If you ask me, it's a lazy (and inefficient) way to check to see if someone's drunk. The best way to investigate an OUI is to do it BY THE BOOK, and how we are trained. It's the most fair for the boater who may be drinking and NOT impaired and the best way to have your arrest, evidence and observations hold up in court.

It's 115 degrees out, for Christ's sake. Anyone who'd been drinking would have smelled like booze from the sweat alone. I stopped a guy once (only one in the boat) and smelled the booze from 10 feet away.

And with H1N1 and all other sort of nasty chit around, the fewer people breathing on me, the better. (I'm not OCD or germophobe or anything, but that's just NASTY!)

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The No Wake Zone / Re: Boating Safety
« on: August 26, 2010, 06:52:59 AM »
Second thing on the OUI deal. Forget .08! They are attacking this from the "Impaired to the slightest degree" angle. .08 means NOTHING in Arizona (At least Maricopa county) either in a car, boat, atv, whatever.......if the fuzz wants to be a prick, you can, and these days with cops being layed off everywhere probably will, still be charged with an OUI or DUI at .01 if they can't find anything else!

Ray

Actually, that's a myth. Just as the law presumes that a person is impaired at .08% or above, the law states that a person with a BAC below .05% is presumed to NOT be impaired. (Except for those under 21 and commercial drivers/boat operators acting in a commercial capacity). If a person is between .05% and .08% there is no presumption either way. A person can be charged in those circumstances, if there is sufficient evidence that the person IS impaired, either through driving patterns, appearance and demeanor, performance on FSTs, etc. These people are otherwise known as "cheap dates". We all know someone who after 1 or 2 drinks, is falling down drunk.

In actuality, very few are charged, and even fewer convicted, if they fall in that range.

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The No Wake Zone / Re: Boating Safety
« on: August 25, 2010, 08:44:52 PM »
Just a couple of notes.

First, I'm with the La Paz County Sheriff's Office, not Parker PD. But I forgive you, Brad.  ;D

An on-water DUI (OUI) conviction in AZ DOES NOT go on your driving record or affect your license in AZ. However, California gets reports of ALL states' OUIs and will apply it to your CA driving record to enhance future DUI/OUIs as a prior offense, or use it to suspend your license if you already have prior OUI/DUI offenses. But one, by itself, won't affect your CA record.

The formula for safe loading (number of passengers) for boats without a capacity plate is: length X width / 15. The resulting number is rounded DOWN to a whole number. For example a 21' boat that is 6 1/2 feet wide at it's widest point would be: 21 X 6.5= 136.5. 136.5 / 15=
9.1. Round down and the safe number of passengers would be 9. (That includes the driver)

I'm not sure I'd want to put 9 people on my 21' (20' 10") Spectra, but that's what the formula comes out to.

EDIT: No requirement for boater education in AZ YET. But it will probably be coming soon. Only about 6 states don't have some form of mandatory education. Both AZ and CA are 2 of them. Take a class NOW, before the laws are enacted and open seats become hard to find.



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