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Busted!! I need Legal Advice! Got a ticket for something stupid? Think you should fit it in court? Post it up and I am sure everyone will give feedback

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Old 07-22-2006, 06:06 PM   2 links from elsewhere to this Post. Click to view. #1 (permalink)
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Default DUI on a jet ski???

My step son was stopped for operating a jet ski (h&n 655b) while intoxicated. (under 21) And 13352.4 (a). Well, he recieved a DMV license suspension and its been well over the 30 days because he didn't tell me until I saw the letter. It happened MAY 28 so its passed the 10 day DMV hearing request. I would have said "he wasn't operating a car, why is his license suspended?"
Now he has a DUI on his record in California and must do community services and pay a 1000 fine. Plus a 3 month DUI class...(needless to say he is learning his lesson the hard way) It also says he needs a sr22 for a restricted license. Is this to get his license back after 6 months or just to apply for the restricted licence. Im in California so if any Cali LEOs are onboard...plese respond.
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Old 07-22-2006, 06:27 PM   #2 (permalink)
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DUI is DUI....he was operating a powdered vehicle.

Anyone can be arrested for DUI while driving a boat, jetski, etc.

How old is your step-son?
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Old 07-22-2006, 06:35 PM   #3 (permalink)
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In PA I think you can get a DUI for riding a bicycle drunk.

And since he's under 21, any alcohol-related violation means a license suspension. At least in PA, I don't see why it would differ in CA.
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Old 07-22-2006, 06:47 PM   #4 (permalink)
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A friend of mine charged a guy for DUI while driving a golf cart.

To the OP I know there are some CA cops on here, but I can't answer your questions with any certainy
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Old 07-22-2006, 07:01 PM   #5 (permalink)
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Up here on Lake Winnipesaukee, NH I believe they charged someone wiht kayaking under the influence (BUI)/operating without a life jacket last summer.


drunk boaters are so stupid. Last summer we almost hit a father and his son on a jet ski, who i swear were drunk. They passed within about 10 feet of our bow...

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"New Hampshire law prohibits anyone from boating while intoxicated (BWI)—that is, operating any vessel (including vessels propelled by a motor or sail, canoes and kayaks) while under the influence of alcohol, controlled drugs or any combination of alcohol and controlled drugs" Taken from my NH Boating Laws book

Now get this. The definition of a vessel is:
"Every description of watercraft used or capable of being used as a means of transportation of persons and property on the water" (USCG)

So if you're paddling across the water in a makeshift raft, or a log, drunk, you are BWI.
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Old 07-22-2006, 07:44 PM   #6 (permalink)
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Quote:
How old is your step-son?
He just turned 20 last week. The thing is...I always tell him not to drink at parties and what not. He has had very bad luck with moving violations and totaling cars etc... Maybe he cant drive for the better and I hope this makes him learn his lesson.
How about the SR-22? If he waits out the 6 months, will he still need that to get the license back?
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Old 07-22-2006, 07:54 PM   #7 (permalink)
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Yeah he will have to get it for a min. of one year. After the year is up he can regular insurance after that. NASHTA research says the likelyhood of him getting another DUI is higher in their first year after the first one.

Just about every state has laws similar to DUI for when people are boating. For a couple of years collisions on the waterways went up involving pleasure vehicles by intoxicated operators so they adopted the same laws to the water.

It varies from state to to state...but in TN. any alcohol violation by someone under the age of 21 is an automatice license suspension (even poss. of alcohol). Main thing is KEEP HIM FROM DRIVING UNTIL HE GETS HIS LICENSE BACK!! Don't let him drive anything that requires a license to operate.

BTW, my uncle got a DUI on a lawn mower in downtown Nashville one night.
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Old 07-22-2006, 08:01 PM   #8 (permalink)
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Quote:
Originally Posted by Rascus
DUI is DUI....he was operating a powdered vehicle.

Anyone can be arrested for DUI while driving a boat, jetski, etc.

How old is your step-son?

Not everywhere. Here in Michigan you can have open containers and be driving a water vehicle.

You can drive a boat at 70mph on a lake and raise your Budweiser to the cops on patrol, and they can't ticket/arrest you for it.
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Old 07-22-2006, 08:10 PM   #9 (permalink)
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Quote:
Originally Posted by DoppelgangerONE
Not everywhere. Here in Michigan you can have open containers and be driving a water vehicle.

You can drive a boat at 70mph on a lake and raise your Budweiser to the cops on patrol, and they can't ticket/arrest you for it.

Well open containers and drinking a beer and being drunk are two separate things.

I can understand the open container thing but have to be careful in not drinking too much to fall under a DUI.
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Old 07-22-2006, 10:01 PM   #10 (permalink)
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Quote:
Originally Posted by OFFICER737
BTW, my uncle got a DUI on a lawn mower in downtown Nashville one night.
Only in Tennessee.j/k
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Old 07-24-2006, 01:01 PM   #11 (permalink)
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Quote:
Originally Posted by 1024zzr600
I always tell him not to drink at parties and what not. He has had very bad luck with moving violations and totaling cars etc... Maybe he cant drive for the better and I hope this makes him learn his lesson.
He is lucky he is even allowed to drive after the DUI. If what you say is true about his "bad luck", he shouldn't be allowed to operate a motor vehicle.
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Old 07-24-2006, 01:04 PM   #12 (permalink)
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Quote:
Originally Posted by bob12312357
Only in Tennessee.j/k


For some reason, around here they will drive anything to get another beer
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Old 07-24-2006, 01:13 PM   #13 (permalink)
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Quote:
Originally Posted by DoppelgangerONE
Not everywhere. Here in Michigan you can have open containers and be driving a water vehicle.

You can drive a boat at 70mph on a lake and raise your Budweiser to the cops on patrol, and they can't ticket/arrest you for it.
yeah, like Rascus said-

you can drink beer while boating, but the person at the controls has to be under the legal limit.

But the guys that patrol are pretty cool, at least out on Lake St. Clair- as long as you're not doing anything stupid or dangerous, they won't bother you.

People on Jet Ski's tend to do stupid stuff while sober, though....
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Old 07-24-2006, 07:20 PM   #14 (permalink)
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They are really cracking down on waterway problems here. The delta is a prime environment for trouble given that the channels narrow quite often.

I hear that on major holiday weekends you can get busted for drinking while floating down the river on a raft or tube.
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Old 07-24-2006, 07:24 PM   #15 (permalink)
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ggeez yeah man, cant be drunk while operating a boat... you still have to drive it. Happends more often then I'd care to see out here in florida, boats crashing right into each other.
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