DUI While at Anchor?

[hellosailor]

"(30) “Operate” means to be in charge of, in command of, or in actual physical control of a vessel upon the waters of this state,"
Some grammarians would stop there and say the rest is all nice but, that's the primary meaning of it all.
Without debating what is or isn't the proper grammar and meaning, I'll only say that state and federal legislation has been known to be poorly written on more than one occasion. And that Florida ain't known for speaking Standard English very well, which is only to be expected from a Spanish colony with a heavy immigrant population that isn't all Iv League either. Well, hell, George Dubyah was Ivy League, and just look at how his English was.(G)

[ryon]

Originally Posted by hellosailor

If you press the point, you countercharge harassment and get a settlement. Meanwhile you can keep insisting until he gets an official reprimand on his record, is pulled off field duty, and is sent out for formal retraining. And cite him for misfeasance of duty, or malfeasance, whichever is appropriate to the guy.


Of course in Florida he could get all that and still be nominated "Officer of the Year." No offense to the pros down there, but standards aren't known for being especially high.


But you will have to keep on pressing.

Near the other coast, I actually was arrested for forging my own signature. And the cop DID make officer of the year. True story.

They can charge you with pretty much anything they want. It is only later, after many months of uphill litigation, that they might experience any consequences. It's all high-fives down at the stationhouse until then.

That's why I asked above about the consequences for the cop. Unless you are one tenacious hombre (and I was, taking it up to Second Appellate), there are none.

[PortClydeMe]

Originally Posted by timbenner

"while the vessel is underway upon the waters of this state,"

"While the vessel is underway", which sounds like driving. This is what upset me about the officers insistence that they would give you a DUI while at anchor!! Not one officer, but several I asked. Ask one yourself. It's their zealous "bust everyone for everything" mandate! Not the Country I grew up in, but the Country I'm now living in. Now I understand why we have the 2nd Amendment.

The officers! Gotta love it. Always keep in mind that "the officers" of today are "kids" who grew up on video games and Pokimon movies. They are not real men, at least not in the sense of post WWII '50s, '60s, and '70s honorable treatment toward fellow man. They know nothing of the old culture in America. Here's two examples "from old":

1978: Out drinking with my friends, I decide it's time to go home. I get pulled over by a Maine State Trooper. At my window, he looks behind my seat and sees numerous empty beer bottles. He asks "Have you been drinking tonight?" I say "Yup!, but now on my way home." He asks "Where do you live?" I say "Oh, just down the road a piece." Without even looking at my license and registration, he says "OK, then just go straight home." I say "You got it!" (MAN to MAN ... not Pokimon)

1987: Speeding at 10:00 AM up the Massachusetts turnpike towards Maine in my 5-liter Mustang GT I get pulled over by a Mass Trooper. He takes my license and registration. After a few minutes he comes back to my car and asks "Who you going to VOTE FOR for President?... Michael Dukakis, or George Bush?" I look at him for a second, and sensing he might not like Dukakis (as he was at that time the Governor of Mass) I respond "Well, Bush, of course!" He smiled, handed me my license, and said "Have a nice day!" (Again, MAN to MAN ... not Pokimon)

America, the used to be "beautiful".

[Cottontop]

Originally Posted by PortClydeMe

Those were the days. I remember them well! When I moved to Texas in 1979, it was LEGAL to drink and drive (open bottle of booze between your legs). Just don't be "over the limit". A sane country with honor towards fellow man. I sat at a stoplight in downtown Austin at around 5:00 PM. Glancing to my left outside my open window, I see an Austin cop car also waiting at the light. He looked at me, and I at him. I then took a swig off my OPEN bottle of Lone Star beer while looking at him, and then smiled. He nodded approval, and smiled back. Then the light changed and we were on our respective ways. Glorious days they truly were. In fact, Austin had "drive through" liquor stores. Just like McDonalds, only when you pull up you could either order a six pack, OR HAND THEM AN EMPTY BEER PITCHER AND THEY WOULD FILL IT WITH DRAFT BEER!!! Wonderful. :

Alcohol-related traffic fatalities are down 75% per capita in Texas, since those "glorious" days. If you like to drink and drive, I'm glad you moved to Japan.

[PortClydeMe]

Originally Posted by Cottontop

Alcohol-related traffic fatalities are down 75% per capita in Texas, since those "glorious" days. If you like to drink and drive, I'm glad you moved to Japan.

Can you cite that data, or are you just blabbing off with some essence of modern America "do the right thing" mentality?

By the way, when I first got my license there were no mandatory seat belt laws.

You probably think "Terrible times! Terrible times, indeed!"

In fact, those times were the best times America EVER knew, and will EVER KNOW!

Think whatever you want.

[Cottontop]

Originally Posted by PortClydeMe

Can you cite that data, or are you just blabbing off with some essence of modern America "do the right thing.

Texas Drunk Driving Statistics

https://en.m.wikipedia.org/wiki/Demographics_of_Texas

[sailnow2011]

Cops are not lawyers, stop wasting their time and get back to boating.

[PortClydeMe]

Originally Posted by sailnow2011

Cops are not lawyers, stop wasting their time and get back to boating.

"Here, Here!" In fact, if over the age of 18 (the age when your country can draft you for war ... and you can die for your country), get back to enjoying your life. Enjoy your hard-earned sailing life, and enjoy a well-deserved cocktail on board.

Oh, and try not to crash into other boats while doing so.

[PortClydeMe]

Originally Posted by Cottontop

Texas Drunk Driving Statistics

https://en.m.wikipedia.org/wiki/Demographics_of_Texas

That's all fine and good. So? Are you having fun? As many who are my age will attest, if you are currently under the age of 50 in America, "You missed it!" (i.e., the good times)

I'm currently waiting for the creation of a time machine big enough for me, AND my yacht. Once loaded (both me, "burp", and the vessel), I will say "1950 please!"

That will give me another solid 30 years of "the good life", before all the nonsense started creeping in.

Fair winds, and, "burp", sail safe!

[SURV69]

Why let common sense confuse the issue?

When your boat is at anchor, it's still moving. It goes around in circles, it might sail and/or wander from side to side, and the anchor rode determines how big a circle it will bounce around in ... unless the anchor doesn't hold.

So, as I see it, a boat is in need of supervision or the need of a captain ... on board.

Let's make this interesting ....

You're the owner and captain and the ONLY person occupying the boat.

You leave the boat(which, while drinking "on", the boat, you'd be subject to a DUI), and go to town, while your boat is wandering on the anchor ... and you get stone drunk ... in town ...

Now the boat will act no differently than if you were on board, except that if it were to drag, you wouldn't be on the boat to maneuver it.

So, if you were on the boat .... stone drunk ... couldn't you just tell the officer that "if", the anchor were to drag, that you wouldn't do anything to control the boat?

[PortClydeMe]

Originally Posted by SURV69

When your boat is at anchor, it's still moving. It goes around in circles, it might sail and/or wander from side to side, and the anchor rode determines how big a circle it will bounce around in ... unless the anchor doesn't hold.

So, as I see it, a boat is in need of supervision or the need of a captain ... on board.

What? Is there some new US law that states boats at anchor need to be manned at all times? Moorings can pull also.

Please continue with your reasoning, because it's over MY head.

[LeLY]

Originally Posted by PortClydeMe

What? Is there some new US law that states boats at anchor need to be manned at all times? Moorings can pull also.

Please continue with your reasoning, because it's over MY head.

Floating docks aren't 100% safe either!

Boat dock breaks loose at Texoma Marina and Resort

[Pelagic]

Don't quite understand the controversy about the risk and consequences of being drunk!

Wherever you are...IF you are drunk and something nasty happens as a result of your action or non actions....you are in a heap of legal trouble.

SO, if at anchor or in your backyard barbecuing... and a cop honestly feels your condition endangers those around you.... He has the right to be proactive and spoil the party.

Whether his actions are over the top and warranted, is the risk factor we all take when we choose to party and loose control of ourselves.

[Mike OReilly]

Interesting discussion. In Canada, the True North Strong And Free, a boat is considered 'affixed to land' if it is at dock, on a mooring or anchored. As such, we can legally have a few drinks while anchored. It is dangerous and foolish to drink to major impairment anytime on a boat, but having a few drinks is no problem up here.

I was quite shocked when I first read about your odd laws around this in various U.S. States. I believe it varies from state to state. True?


Why go fast, when you can go slow

[Sand crab]

It was just 10 years ago that open containers were banned here in Montana. And about 20 years ago the speed limit said "Reasonable and Prudent".
I had a 911 then and I was very reasonable and exceptionally prudent.

The good old days. Sigh.