PSA - BUI uptick in local waters

[Jumptrout51]

atticus v raker.jpg (41.64 KiB) Viewed 2056 times

Beer and fishing.

[milto]

Thanks again Atticus!!

[JCC]

There is a guy in Georgia who is a former DA. He wrote a book geared mainly toward high school and college minors. He makes presentations at schools. I went to one and asked the exact question posed in one of the above posts. What do you say when the officer asks have you been drinking and how much. His answer was 1) if you choose to answe, tell the truth or 2) respectfully explain that you will not be answering any questions, then don't. I asked which do you recommend. He said don't answer it, don't talk, and don't participate in field sobriety. Fwiw, this is his recommendation as I recall it. Now, not answering will likely get you injail. The difference is whether you are in jail with a strong case against you or a weaker one. This is not criminal law advice. Just passing on what I was told. It seems consistent with what Atticus said. Caveat--his answer was in the context of minors. I don't know if it would change for an adult.

[Juan]

Very informative post Atticus There is a time to enforce the law to the letter but it's a shame not all LEO's know the difference between the letter of the law and the spirit of the law and insist on enforcing the law to the letter (probably in order to build a reputation) when the spirit of the law would accomplish the same objective ..compliance.

[rocket]

Thanks Atticus for advising us of what our rights are! My best friends dad is an attorney in Tallahassee, and ever since we were young he advised us to NEVER consent to a breathalyzer if we had been drinking. Of course we were always told not to drink and drive, which is sound advice, and we have always heeded said advice.

For you holier than thou types bashing Atticus for his advice, you really need to OBJECTIVELY read what he wrote. He is in no way, shape, or form advocating breaking the law, he is simply informing those of us less educated (which is most of us here) about the law and our rights, as to how to conduct ourselves in the case of over zealous officers who may try to bust you for a BUI when you've just opened a beer idling up the river in Carrabelle or Steinhatchee, or wherever.

Again, thank you Atticus for educating us less informed of our rights!

Yep

[rockyg]

I appreciate the legal advice. A good lawyer is the best friend you have when it's your ox in the ditch.

I'm still not sure, even after reading the original post a couple of times, of exactly how to apply the advice. If I meet a LEO while I am captaining our boat and I have had only water and Diet Coke all day (I don't drink...ever....sue me) the path seems clear.....tell the truth and let him/her look anywhere they want and submit to any test they ask as I am totally in the clear....right?

What if I had just downed one beer? It sounds like if I refuse the test I may get a ride to jail. That would not be good.....not good at all.

Now if I have had 6 beers, the advice to clam up seems like the way to go. I'm guilty (and an dangerous idiot) and I don't want to help the LEO make a better case against me.

It's the one beer scenario that is still a question to me.

Advice? (from the lawyer please)

[slowroller]

Good thing you don't drink, you have nothing to worry about when he stops you.

[MudDucker]

The post reads: "This summer FWC, or at least an officer named Raker from FWC, seems to be intent on enforcing the absolute letter of the law when it comes to arresting local boaters for BUI."

To call out any law enforcement officer on a public forum using his last name is wrong in my book! If you know he is not doing his job correctly, use the proper chain of command and talk to a supervisor. As you said, he is trained to enforce the law, and getting paid to do it. I hate being checked by the FWC because it is usually at a time that inconveniences me, but i know they are random and necessary to make my boating day safer. I carry MORE than enough beer on my boat for anyone fishing with me, but as the owner/operator i do not drink underway.

They wear a name tag for a reason. Their identity is public knowledge. They are employed by we the people and we the people have the right to comment on their performance. Are you going to call and get me and Atticus audited? See 1st Amendment of Constitution. Have a nice day!

[beekeeper]

Atticus,

Thank you for your post. Point made perfect

[edjr]

Atticus, As a newcomer I would like to thank you for your informative post. Although I do not drink I will pass the information on to those in my family that do. Possibly some do not understand that the vast majority of law enforcement are good, fair and just persons. Then there is that one individual that just seems to want to make a name for himself and actually "bends" the law the wrong way to accomplish this goal. Once more thank you for mentioning this person's name. I hope this mention will bring him back in line with the norm of all the other officers.