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Old 30-04-2013, 17:16   #46
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Re: Sailing and Alcohol

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Originally Posted by Rakuflames View Post
I thnk it's absurd that you were charged with anything. it seems to me that you did everything you possibly could to be responsible, and look what you got for it. If you'd driven home drunk you probably wouldn't have gotten caught, but being a responsible person i bet you never considered it.

In the PASSENGER seat, yet. I don't know about you, but I can't drive my car from the passenger seat.

I just think it's horrendous that this happened to you. I'm sorry that wasn't clear.
Well, its the law. The magistrate, when summing up my case, made reference to a case about 12 months earlier on the Gold Coast. There , an off duty police officer had been done in the same circumstances as I was. The magistrate said what applies to the police, applies to me.

I don't normally post on these types of "gossipy" thread. My purpose in posting here is to try to help people realise how pervasive the law in Aus is. Most people never experience it...when they do, its a complete shock. As it was for me.

Returning to the boating theme, yachties should be aware of the law in Aus.

Lee
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Old 30-04-2013, 17:16   #47
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Re: Sailing and Alcohol

Once the hook is down, the drinking light is on.

Check your state laws on BUI. It differs state by state. In NC BUI is not tied to your car drivers license. Get pulled for BUI, you go to the pokey for the night (or until you make bail), pay a fine and that's it. No impact to your auto drivers license.
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Old 30-04-2013, 17:35   #48
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Re: Sailing and Alcohol

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I'm sorry but that's absurd.
Not at all. It is called "Care and control" You have the keys, you could drive.
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Old 30-04-2013, 17:39   #49
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Re: Sailing and Alcohol

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Not at all. It is called "Care and control" You have the keys, you could drive.

Sorry, but I think it's absurd. you could be sitting on the sidewalk with your keys in your pocket. You could be in the bar. If you've gotten into the PASSENGER seat -- or the back seat -- it's VERY clear that you did not intend to drive. I'm really glad I heard about it, because I could see myself doing that -- get in the passenger side to sleep it off.
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Old 30-04-2013, 18:27   #50
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Care and control? What a crock. If you own a gun you could be charged with attempted murder under the same principal.

Nannies running crazy
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Old 30-04-2013, 18:50   #51
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Re: Sailing and Alcohol

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Care and control? What a crock. If you own a gun you could be charged with attempted murder under the same principal.

Nannies running crazy

Exactly.
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Old 30-04-2013, 18:53   #52
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pirate Re: Sailing and Alcohol

Man... this world is getting so ANAL....
HTF has the human race managed to survive so long... the USA and OZ will be going SHARIA before long...
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Old 30-04-2013, 19:34   #53
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Re: Sailing and Alcohol

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Care and control? What a crock. If you own a gun you could be charged with attempted murder under the same principal.

Nannies running crazy
It could be worse, all men could be covicted of rape simply because we have the equipment. Under this interpretation of the law you could be charged and convicted of anything simply because you were capable of commiting a crime. BS like this is what causes revolutions and the people in power never understand why the people rise up against them.
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Old 30-04-2013, 19:42   #54
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Re: Sailing and Alcohol

Here is one for the chewing then. I heard from one guy who was inspected for his safety gear about one mile offshore. The rules state that you do not have to have an EPIRB until more than two nautical miles offshore. They actually booked him for not having one because, they said, "If you break down, you could drift more than two miles". Now, that is like arresting me walking down the street because I may commit murder. Not sure of the outcome of this action, ie. if he appealed it at all, but it does seem to be completely the wrong attitude.

Coops.
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Old 30-04-2013, 19:44   #55
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Re: Sailing and Alcohol

My 18 yo at the time son got done in the same circumstances. He was drunk in his car with the keys in the ignition by the side of the road. Even though he had not driven the vehicle he was charged with DUI. Having said that, I suspect he would probably have driven it sooner or later that night so there is probably some logic in what the law regards as being in charge of a vehicle. Come to think of it, sitting in a parked car full as a boot is probably the same as sitting at anchor full as a boot.
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Old 30-04-2013, 19:47   #56
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Re: Sailing and Alcohol

All i can say is be very very careful in here in Florida, i have never been caught for a DUI but being a native Floridian i can say i have seen the law twisted many many times without exaggerating any.
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Old 30-04-2013, 19:53   #57
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Re: Sailing and Alcohol

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Originally Posted by Coops View Post
Here is one for the chewing then. I heard from one guy who was inspected for his safety gear about one mile offshore. The rules state that you do not have to have an EPIRB until more than two nautical miles offshore. They actually booked him for not having one because, they said, "If you break down, you could drift more than two miles". Now, that is like arresting me walking down the street because I may commit murder. Not sure of the outcome of this action, ie. if he appealed it at all, but it does seem to be completely the wrong attitude.

Coops.
Its 2 nm from the highest water mark on shore. Around here in some spots you could technically be hauled up on the beach at low tide and be non compliant.
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Old 30-04-2013, 22:34   #58
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Re: Sailing and Alcohol

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Nannies running crazy
It's everywhere.
Over here they're considering raising the drinking age from 16 to 18, and even enforcing it...
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Old 01-05-2013, 07:36   #59
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I'm sorry but that's absurd.
Happens all the time. DUI has turned into a huge source of revenue. It is no longer about safety it's about collecting money. I know at least 3 people with similar stories and some with worse. It's totally out of control.
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Old 01-05-2013, 08:38   #60
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Re: Sailing and Alcohol

there is a world of difference between having a sundowner on board at anchor and someone temporarily taking helm while the owner pees in the head....as the sheriff slams his boat into your drifting boat at over 50 mph in stone darkness. isnt dinius, mon-- was the abusive sheriff.

is difficult to think that one sundowner could be a performance detriment--is something that drinkers should consider--
one sundowner is not a bottle of rum. nor is it a 6-pak of beer.

A sundowner is acceptable and wont cause a disruption in ability to handle boat. moderation is key.
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