Drinkin On Board

I am told that most states now have "keys on person" laws. The first time that this has been applied is here;
New Mexico Man Charged with DWI Despite Not Actually Driving
By
Legal News
on November 25, 2009 5:30 AM
A New Mexico man has learned that you don't need to be driving to get arrested and charged for DWI.
Fidencio Francia was arrested for DWI after police found him pulled over on the side road asleep in his vehicle.
Francia thought he was doing the responsible thing by sleeping in his vehicle instead of driving while intoxicated.
"I didn't wanna hurt anyone, because I felt I wasn't gonna be able to drive safe," said Francia. "I could have got in my truck and started it and tried to drive away, but I didn't."
Francia was woken up by the police, who asked him to take a field sobriety test and submit to a breathalyzer test. When he blew a .13, he was arrested on DWI charges.
So how can a driver be charged with driving while intoxicated without actually driving?
According to District Attorney Kari Brandenburg, New Mexico has laws that state if a driver is in control of the vehicle, meaning he or she is in the driver's seat and has access to the keys, and the driver can turn on the vehicle and operate it, then he or she can be charged with DWI.
Because Francia placed his keys in the center console of his vehicle, the judge said it was a cut-and-dry case because his keys were within his reach.
Not all cases are as cut-and-dry as Francia's. Each case has different circumstances and is analyzed according to the facts of the case. For example, if a driver were to place his or her keys in the trunk of a vehicle, they may not be found guilty of DWI since they cannot easily get to the keys to start the car.
Drunk driving a car is not like owning a gun - it is like shooting a gun into a crowd. One cannot be near a gun liquored-up, either. The boat, the snow machine, I think I look at a little differently as, generally, victimless crimes. Density of population changes that, however.

 

By that standard a person could be drunk in their own home and get busted. I mean you could go out and get in the car and drive somewhere. Don't mean you would but the possibilities there, so I guess a person could get a DUI in their kitchen in N.M.

 

On the other hand, an Arizona court gave a completely different verdict:

The interpretation we place on the legislature's imprecise language is compelled by our belief that it is reasonable to allow a driver, when he believes his driving is impaired, to pull completely off the highway, turn the key off and sleep until he is sober, without fear of being arrested for being in control. To hold otherwise might encourage a drunk driver, apprehensive about being arrested, to attempt to reach his destination while endangering others on the highway. Arizona v. Zavala, 666 P.2d 456.

Some of the members from other countries may not realize how much laws in the US can vary from state to state.

 

I also know a guy who got busted for drunk driving on his bicycle

 

Pissed on a bike, inebriated on a horse, seems to be the law here too, although one tried to plead, he was not in control of the horse and the horse unerringly carried him home whilst he was "athwart" the saddle belly down and fingers and toes near the stirrups - I think he got away with that one, but warned not to do it again

DUI here hits both boat and road licences if you get to loose your licence for a period... Could create a problem if ones boat would not fit in a marina berth and was your only and prime place of residence???

 

If you get your license suspended (not revoked) here, you can pay a fee and get a limited license, that's good only for driving straight to and from work. Maybe a court would work something out along the same lines, for a liveaboard?

 

hehehehehe

 

same here... drunk on a bicycle (no horses are allowed on our roads) will be charged as drunk driving... happened to me once...

i love that plead though...

 

just found an article...
according to it the International Maritime Organisation are about to release a limit of 0,5 promille on board ships by 2012...
this article did not mention any exact charges though but it could lead to withdrawel of the license if found with more of 0,5 promille in your blood...

i am just wondering who will execute this in international waters...

 

"The new World Government" owned and operated by the 'BANKSTERS' (JPM, Goldman, The US FED and associates), after they graduate from stealing all possible assets from USA...

 

Pretty soon Mas they are going to lock you up for **** if you have a dcik in your pants and you're within 100 meters (stick to metrics guys) of a woman.

Any shitty law can be passed, most of it is just to screw you over, but I do dislike drunken drivers.

 

Do not carry ****** in my pocket, so even intention would not hold up in court but then I do not have sexsquillion dollars to hire a fancy lawyer so maybe I am rooned in the land without justice...

 

Here in Uk its not that clear . technicaly (as far as I can make out) its only the proffesional skippers who can get done if over the limit. Except on inland waters where the weekend warriors come down, hire boats and spend the week pub crawling. (Norfolk Broads and canals) some local port authorities have also desided to follow suit, thereby increasing there takings. ( I have been boarded in Harwich Harbour and breathalised).
the skipper can drink ONLY when attached to the land, ie marina OR at anchor ( quite corner up a by way,music playing, secratery on board, bottle of wine as the sun goes down )just dont go for the moonlight sail, look at it reflecting of the soft curve of her----stop it Kim, you wont sleep tonight .
Here you can get dui if you are asleep and you have the keys in the car. If you must sleep in a car park, hide the keys in a bush and tell the police you lost them so you could not drive, or as I have done, leave them behind the bar and get them in the morning.
I have an electric bike that I take to the pub 4km away.I have been stopped 5 times and all of the police have done is said " we can charge you for drunk in charge of a pushbike" ----"yes you can, but you can not put points or take my driving liscence away" they have all laughed and agreed with me. go ahead and fine me but I can still go to work.

All good fun.

Kim (just got home on my mean purple drinking machine)

 

so what if Im the skip and someone else is driving

IE

hey
kid
( looks around to see if the rug rats parrents are looking
come here
( puts the captains hat on the little ******* )
wanna drive for a minute while the nice officer is on board

 

see me here http://boats-n-stuff.com.au/forum/i...xpand;sesc=27e27e95d014a07658e1fa6f5dcb5c18#3

or here http://boats-n-stuff.com.au/forum/index.php/topic,9.new.html#new

or here http://boats-n-stuff.com.au/forum/index.php/topic,10.0.html

CYA