Drinkin On Board

Discussion in 'All Things Boats & Boating' started by Boston, Feb 5, 2010.

  1. mark775

    mark775 Guest

    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.
     
  2. Bamby
    Joined: Jun 2009
    Posts: 5
    Likes: 43, Points: 0, Legacy Rep: 889
    Location: USA near Wheeling, W.V.

    Bamby Junior Member

    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.
     
  3. troy2000
    Joined: Nov 2009
    Posts: 1,743
    Likes: 170, Points: 63, Legacy Rep: 2078
    Location: California

    troy2000 Senior Member

    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.
     
  4. Boston

    Boston Previous Member

    I also know a guy who got busted for drunk driving on his bicycle
     
  5. masalai
    Joined: Oct 2007
    Posts: 6,823
    Likes: 120, Points: 0, Legacy Rep: 1882
    Location: cruising, Australia

    masalai masalai

    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 :D:D

    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???
     
  6. troy2000
    Joined: Nov 2009
    Posts: 1,743
    Likes: 170, Points: 63, Legacy Rep: 2078
    Location: California

    troy2000 Senior Member

    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?
     
  7. masalai
    Joined: Oct 2007
    Posts: 6,823
    Likes: 120, Points: 0, Legacy Rep: 1882
    Location: cruising, Australia

    masalai masalai

    hehehehehe
     
  8. capt vimes
    Joined: Apr 2009
    Posts: 388
    Likes: 14, Points: 18, Legacy Rep: 247
    Location: Austria

    capt vimes Senior Member

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

    i love that plead though... :D :D :D
     
  9. capt vimes
    Joined: Apr 2009
    Posts: 388
    Likes: 14, Points: 18, Legacy Rep: 247
    Location: Austria

    capt vimes Senior Member

    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... :confused:
     
  10. masalai
    Joined: Oct 2007
    Posts: 6,823
    Likes: 120, Points: 0, Legacy Rep: 1882
    Location: cruising, Australia

    masalai masalai

    "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... :D:eek::D:eek:
     
  11. Fanie
    Joined: Oct 2007
    Posts: 4,603
    Likes: 170, Points: 63, Legacy Rep: 2484
    Location: Colonial "Sick Africa"

    Fanie Fanie

    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.
     
  12. masalai
    Joined: Oct 2007
    Posts: 6,823
    Likes: 120, Points: 0, Legacy Rep: 1882
    Location: cruising, Australia

    masalai masalai

    Do not carry ****** in my pocket, so even intention would not hold up in court :D:D:D:D but then I do not have sexsquillion dollars to hire a fancy lawyer so maybe I am rooned in the land without justice...
     
  13. kim s
    Joined: Apr 2009
    Posts: 76
    Likes: 3, Points: 0, Legacy Rep: 42
    Location: essex, uk

    kim s Junior Member

    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:eek: )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)
     
  14. Boston

    Boston Previous Member

    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
     

  15. masalai
    Joined: Oct 2007
    Posts: 6,823
    Likes: 120, Points: 0, Legacy Rep: 1882
    Location: cruising, Australia

    masalai masalai

Loading...
Forum posts represent the experience, opinion, and view of individual users. Boat Design Net does not necessarily endorse nor share the view of each individual post.
When making potentially dangerous or financial decisions, always employ and consult appropriate professionals. Your circumstances or experience may be different.