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Old 21-08-2008, 08:20   #16
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In Oz you can get done for sleeping in a car if over the limit even if the car has not been used, cops just need to find keys (since at least 1980).

People have been done on pushbikes, people in wheelchairs on the way home from the pub, even people on horses.

On a boat, I could be sitting in a secure anchorage , or I would assume, a live aboard at a marina, have a few sherberts and get a visit from the Anti-Fun Squad.

Under the influence while in command of a vessel is the charge.

Is'nt there a kiddie fiddler, rapist drug dealer etc etc they could hassle somewhere?

I suppose anchored boaties are easy targets and revenue.


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Old 21-08-2008, 08:22   #17
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If you are stopped for BUI, don't take the test. Don't take any tests. Good luck getting a conviction without a sobriety test. I have a card from an attorney that says "I don't want to talk to you. I want to be left alone. If you are going to arrest me, I want an attorney, and I don't want to talk to you. "
Good luck with that here.

You'll probably just get a kicking for being a smartarse and get a bloodtest taken anyway.

Certainly get a charge for refusing to give one

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Old 21-08-2008, 08:38   #18
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And then there's this:

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Old 21-08-2008, 17:38   #19
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Refuse the test and you immediately lose your licence.....90 or 180 days here...I can't remember which.

And you can get convicted without the test.
Field sobriety tests
Horizontal gaze nystagmus test.....ya can't fake your way on that one.
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Old 21-08-2008, 17:41   #20
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The only people more foolish than those taking legal advise on a cruising forum is those that give legal advice on a cruising forum.
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Old 21-08-2008, 17:48   #21
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Quote:
Originally Posted by cat man do View Post
In Oz you can get done for sleeping in a car if over the limit even if the car has not been used, cops just need to find keys (since at least 1980).

People have been done on pushbikes, people in wheelchairs on the way home from the pub, even people on horses.

On a boat, I could be sitting in a secure anchorage , or I would assume, a live aboard at a marina, have a few sherberts and get a visit from the Anti-Fun Squad.

Under the influence while in command of a vessel is the charge.

Is'nt there a kiddie fiddler, rapist drug dealer etc etc they could hassle somewhere?

I suppose anchored boaties are easy targets and revenue.


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Old 21-08-2008, 18:49   #22
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Refuse the test and you immediately lose your licence.....90 or 180 days here...I can't remember which.

And you can get convicted without the test.
Field sobriety tests
Horizontal gaze nystagmus test.....ya can't fake your way on that one.
Don't take the test. Not the field sobriety test nor any other test.

And, you can't lose your drivers license for refusing a boating sobriety test.
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Old 21-08-2008, 18:49   #23
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If you are drunk running a boat...you are a drunk running a boat...tough

They get people here in the Peoples Republic of Maryland for DUI while sitting in a parked car/docked or anchored boat, no engine running, but the law says if it is warm you must have been driving it.

The same thing goes with boats.....If you start or attempt to start....so don't be drinking a brew while puttering/futzing with your engine.....

They probably saved someones life......a lot of drunk people drown when they slip off a dock and aspirate a little water.....alchohol inhibits the mammalian diving reflex...splash...snort a little water....less than a cup will do ya in...dead.
Come on. The guy was rowing a dinghy. A big difference between that and a jet ski. Apparently not in the eyes of the law, however. I'm beginning to get a bit tired of these police states we find ourselves living in. I'm just suggesting a little common sense on everyones part. I realize this is a rare commodity but, come on... Would it have been safer if he and any passengers had decided to swim back?
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Old 21-08-2008, 18:56   #24
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In Key West, FL, if you refuse the test, you could be subject to a max fine of $500.00. Sounds much better than a BUI conviction.
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Old 21-08-2008, 18:57   #25
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The only people more foolish than those taking legal advise on a cruising forum is those that give legal advice on a cruising forum.
What if the person that happens to be giving the advice is an attorney licensed in the state of Florida?
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Old 21-08-2008, 19:04   #26
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What if the person that happens to be giving the advice is an attorney licensed in the state of Florida?
And it's going, going,....gone.

Well said (assuming you are, of course).
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Old 21-08-2008, 19:07   #27
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What if the person that happens to be giving the advice is an attorney licensed in the state of Florida?

Then the person should no better than to give out legal advise on a discussion board.
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Old 21-08-2008, 19:09   #28
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Then the person should no better than to give out legal advise on a discussion board.
Why? What is wrong with helping educate the cruising public as to matters of the law? Did I ruin it for the attorneys union? And, like most advice, it is worth what you paid for it
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Old 21-08-2008, 19:16   #29
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Then the person should no better than to give out legal advise on a discussion board.
Forgive me if I'm mistaken but, aren't we here to offer advice/help to other boaters based on our areas of expertise?
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Old 21-08-2008, 19:17   #30
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Forgive me if I'm mistaken but, aren't we here to offer advice/help to other boaters based on our areas of expertise?
You wouldn't want a Yanmar mechanic giving you mechanical advice regarding your Yanmar, would you?
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