Encounter with "The Man" goes not so well.

[Knot Tester]

A friend of mine was out this last weekend at PCB. Spent the day fishing out on the wild blue with a few beers on board. The beer runs out at 2 pm but the fishing's too good to come in. 7 Pm's quiting time and they head in. As they approach the pass, my friend (the boats owner) lets friend#2 drive the boat on in.

The man makes them stop and boards the boat. Brings chip-on-shoulder on board. Makes them show everything. Everyone license, every fish measured, life jackets, lights, whistle, horn, fire extinguisher, checks date on extinguisher, flares, checks date on flares ...... cavity search (not really).

Here's where the chip shows itself. Friend #2 driving boat doesn't know where all this stuff is. Friend #1 starts to get what the man is asking for. He is told to stop, sit down, be quiet... the captain (boat driver) must know where everything is. Huffy-butt has to relinquish that rule as #2 can't find nothing without #1's help.

After the cavity search, friend #2 is escorted onto the mans boat. Remember, the beer ran out at 2pm but the empties are still around. BUI test ensues. Now if you've ever stopped in the Andrews pass, you know its rocking even when its flat calm. Friend #2 passes all the hand eye stuff but can't walk a straight line in the boat..duh!

Man halls #2 to the pokey and charges him with minimum level BUI. $750 fine.

Here's my questions for you guys:
#1 The captain is the captain. It does not matter who is driving. Could be the First Mate or the Navigation Officer. Driving the boat does not make you the captain.. only makes you the driver.

#2 What regulation says the driver must know where all required equipment is located?

#3 If the beer runs out at 2, 5 hours later who could possibly still be drunk that didn't overdose and die at 2?

#4 Without a breath analyzer on board, the blood alcohol level was a projected estimated. Is this worth fighting?

#5 What did Chalk shove up this guys butt to make him so bent on getting somebody?

[Chalk]

It's like a car, you pass out behind the wheel with the keys in the ignition in your driveway and they find you there it's a DUI...You driving the boat, your the captain...As far as the reg's don't know...I don't drink and drive or boat, so I don't know them

But, I hope your buddy requested them to draw blood, I hear that alot of cases where they draw blood are dismissed for various reasons....Did he blow BUI at the station?

I cited the following from the FWC site, as most laws and regulations you can read them several ways:

EQUIPMENT AND LIGHTING REQUIREMENTS

The owner and/or operator of a vessel is responsible to carry, store, maintain, and use the safety equipment required by the U.S.C.G. safety equipment requirements.

BOATING UNDER THE INFLUENCE

It is a violation of Florida law to operate a vessel while impaired by alcohol or other drugs. A vessel operator suspected of boating under the influence must submit to sobriety tests and a physical or chemical test to determine blood or breath alcohol content.

In Florida, a vessel operator is presumed to be under the influence if their blood or breath alcohol level is at or above .08.

As I read it, it's the operator's responsibility to know where the safety gear is and if your suspected of being under the influence, they can carry you down town.

Hope it works out for them...I didn't do anything..Hell, I ain't fished in a week or two

[MudDucker]

Chalk, there is nothing in the regs you quoted that says the captain has to know where anything is unless you twist the word "use". It seems to state only that it must be on board and available. Sounds like these guys ran into an officer who was pizzed at the world or auditioning to be a federal agent.

Blood alchohol level is simply a relationship between amount consumed versus amount metabolized. Generally a full grown man can metabolize an oz per hour. Yes, it is possible to be drunk 5 hours after your last drink if you drank enough prior to that.

As for fighting it, depends on the penalty and cost of representation.

[Nathan]

I'd have to agree with the other two replies. Nothing wrong with downing a few beers or whatever, but leave it at home when heading out for a day on the water. Depending on how much they drank, weight, food consumption, etc. someone can easily still be legally drunk after 5 hours of not drinking. It happens all the time to people driving home the morning after a party. It may have been 8 hours since you last drank, but that doesn't mean your not still drunk.

On the operator must know where all safety gear is, I've honestly nver heard that one. Sounds like a good idea to me for everyone on board to know where it all is anyway. I'll look up the statute or administrative code and post what I find.

Nathan

[Chalk]

Chalk, there is nothing in the regs you quoted that says the captain has to know where anything is unless you twist the word "use". It seems to state only that it must be on board and available. Sounds like these guys ran into an officer who was pizzed at the world or auditioning to be a federal agent.

Yes & No

EQUIPMENT AND LIGHTING REQUIREMENTS

The owner and/or operator of a vessel is responsible to carry, store, maintain, and use the safety equipment required by the U.S.C.G. safety equipment requirements.

Operator is responsible to maintain, and use, use being the keyword...If you don't know where it's at you can't use it...Yeah, it's anal, but most laws are to a degree

I never read it until an hour ago and that's my take...Hope it works out for them...Seems kinda Phishy the "man" was out at 7:00, but I just remembered the billfish tournament was Friday and Saturday...Hopefully Nathan will find a good reference...Good talk about the regs...to bad it takes an unfortunate incident to remind us of them

[grim reeler]

It was a situation like this (not alcohol related) that I found out just how little possum sherrifs like to have their methods called "chicken s***".

[mojokoko]

A few weeks ago "The Man" tried to arrest me for a BUI but they must have gave up or I passed there stupid test. I only had 1 beer at 9 in the morning about a half a beer later. I only drink 1 to 2 beers every time I go out because im not stupid enough to be drunk while operating a boat. I dont drink and operate the boat at the same time either. I either get out on an oyster bar or if the boat is anchored I will drink then while the boat is not being operated. The funny part was while giving me the test the "The Man" almost fell down on his own damn boat.

[MudDucker]

Chalk, there is nothing in the regs you quoted that says the captain has to know where anything is unless you twist the word "use". It seems to state only that it must be on board and available. Sounds like these guys ran into an officer who was pizzed at the world or auditioning to be a federal agent.

Yes & No

EQUIPMENT AND LIGHTING REQUIREMENTS

The owner and/or operator of a vessel is responsible to carry, store, maintain, and use the safety equipment required by the U.S.C.G. safety equipment requirements.

Operator is responsible to maintain, and use, use being the keyword...If you don't know where it's at you can't use it...Yeah, it's anal, but most laws are to a degree

I never read it until an hour ago and that's my take...Hope it works out for them...Seems kinda Phishy the "man" was out at 7:00, but I just remembered the billfish tournament was Friday and Saturday...Hopefully Nathan will find a good reference...Good talk about the regs...to bad it takes an unfortunate incident to remind us of them

Criminal laws must be precise. I don't think there is enough precision in this statute to cite someone for not knowing where it is if it is not his boat and he knows how to use it when it is found. I notice that the "man" didn't write him up for this, just hassled him. I think there was a reason why no ticket was written for this.

[fish on!!]

Know your limits.

The reg that chalk quoted said that you must submit to a sobriety test and a physical or chemical test. When they took your buddy in did he blow more than a .08? If not it seems like he would be ok. Either way you are playing with fire when you do much drinking on the water. I always like to save the beers til I get the fish and the boat cleaned after a good day on the water. It makes that first beer taste so much better while sitting on my front porch.

[2true]

Send Aucilla (Bill Davis) a PM. He is a criminal defense lawyer.

[Knot Tester]

I do not know for sure if he blew a test or not, but I did hear .083 floating around. He is a friend of a friend.....

I just think the Officer had a bad day. Probable had to work late because of the Bill-phish$ tournament. I think he saw an easy way off the water and took it.

The fine is $750 and he is just going to pay it.

Just another fine example of how many frickin laws exist on salt water and how hard it is to be legal even when you are trying your best.

This is the same friend who got busted at PCB last year for an illegal yellow grouper that he miss identified as a legal red grouper.
Why anyone would name a red colored grouper a yellow grouper is beyond me. Maybe they should change the name to False red grouper or red & yellow grouper.

I drink 1 beer every 6 months, so I don't have to worry about this happening to me.

My point about the anal officer is the captain of the boat is the captain. You do not relinquish your rank when you let go of the wheel.

[Jumptrout51]

You'll never find emptry comtanerss on mye bote becawse i don drink wen i aM frish..frish...frsihingg.

[mjsigns]

Sounds like a serious encounter with the man.

I don't want to be #2....