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CityGuy
05-23-2006, 12:29 PM
It's been awhile since I've posted and apparently I can't be "Havasuvian" anymore. Oh well.
I was about to send this release to the media and I thought I'd share it with you all as well. I understand there will be increased enforcement by a number of agencies this summer. Mohave County Sheriff has more boats on the lake and I'm told the Coast Guard will be out again this weekend. DPS is also gearing up for increased enforcement on the roads.
Have a great weekend but be careful out there.
Charlie
Heightened Law Enforcement on the Water
In addition to its ‘zero tolerance’ policy towards all unlawful activity in and around the popular Bridgewater Channel area of the city this holiday weekend, the Lake Havasu City Police Department is increasing the number of officers and boat patrols in a targeted effort to remove and prosecute impaired boat operators.
“We want all boaters to feel safe while operating in the Channel,” said acting police Chief Dan Doyle. “We are increasing the number of officers and patrol boats, and placed them on varied shifts to actively enforce both state and local laws.” Doyle added that additional officers from neighboring agencies have been hired to assist during the Memorial Day holiday weekend.
“We encourage all boaters to use a designated driver,” said Doyle. “It’s simple. If you drink, don’t drive, and if you drive, don’t drink.”
Boaters, residents and visitors are all reminded that Arizona Revised Statute 5-395 states:
It is unlawful for any person to operate or be in actual physical control of a motorized watercraft that is underway within this state, 1) while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substance if the person is impaired to the slightest degree, or 2) If the person has an alcohol concentration of 0.08 or more within two hours of operating or being in actual physical control of the motorized watercraft and the alcohol concentration results from alcohol consumed either before or while operating or being in actual physical control of the motorized watercraft.
-- END --

RiverDave
05-23-2006, 01:59 PM
God that last little bit there..
Boaters, residents and visitors are all reminded that Arizona Revised Statute 5-395 states:
It is unlawful for any person to operate or be in actual physical control of a motorized watercraft that is underway within this state, 1) while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substance if the person is impaired to the slightest degree, or 2) If the person has an alcohol concentration of 0.08 or more within two hours of operating or being in actual physical control of the motorized watercraft and the alcohol concentration results from alcohol consumed either before or while operating or being in actual physical control of the motorized watercraft.
Kinda gives ole ocifer friendly a little leeway to pretty much do what ever the hell they want doesn't it? "To the slightest degree?" So what does that mean if you had a beer on yesterday they can give you an OUI/DUI?
RD

Havasu_Dreamin
05-23-2006, 02:01 PM
Kinda gives ole ocifer friendly a little leeway to pretty much do what ever the hell they want doesn't it? "To the slightest degree?" So what does that mean if you had a beer on yesterday they can give you an OUI/DUI?
RD
I would hope it does not go that far, but it certainly does sound very subjective.....

Kilrtoy
05-23-2006, 02:02 PM
who would have known, more cops on a holiday weekend

RiverDave
05-23-2006, 02:02 PM
I would hope it does not go that far, but it certainly does sound very subjective.....
To say the least.. I hope that's not the actual law, of course it wouldn't surprise me if it was.
RD

Phat Matt
05-23-2006, 02:09 PM
Some more info...
http://www.azleg.state.az.us/legtext/46leg/1r/summary/h.sb1283_05-22-03_aspassedthehouse.doc.htm
Looks like the revised law went into effect a few years ago.

Boatcop
05-23-2006, 02:31 PM
God that last little bit there..
Kinda gives ole ocifer friendly a little leeway to pretty much do what ever the hell they want doesn't it? "To the slightest degree?" So what does that mean if you had a beer on yesterday they can give you an OUI/DUI?
RD
The law is, and always has been "Impaired to the Slightest Degree". Both for driving and operating a watercraft.
However, the law presumes you are impaired at .08% AC.
The law presumes you are NOT impaired below .05% AC (Except commercial drivers/boat operators, where the limit is .04% and Minors, under 21, where the limit is anything above .00%)
If between .05% and .08% there is no presumption either way, but the judge will determine if the evidence presented indicates the person was impaired. The evidence can be results of FSTs, driving pattern, demeanor, appearance, etc.

RiverDave
05-23-2006, 02:34 PM
So "appearance" has something to do with it eh? Please see "chain e-mail" thread. ;) :D
Incidentally, since the Nordic is up for Sale.. How long do you figure it'll take before the cops in Parker catch me in the new lower profile aka "unknown" boat? I was thinking about putting a 007 on the side of it as a joke for ya.. LOL
RD

RiverDave
05-23-2006, 02:49 PM
sounds like you are doing some early damage control for this weekend huh, dave ?? be sure to stay off our freakin docks too, and another thing, quit pissing on the side of your house, we're not on "septic" anymore :rollside: d-no
I don't piss on the side of my house anymore.. I have an old beer bong that was from the 80's.. You know one of those ones where people would stand on the roofs of their houses kinda deal? I plumbed that over across the canal and into some guys Eliminator across the canal. ;)
RD

Boatcop
05-23-2006, 03:03 PM
So "appearance" has something to do with it eh? Please see "chain e-mail" thread. ;) :D
Incidentally, since the Nordic is up for Sale.. How long do you figure it'll take before the cops in Parker catch me in the new lower profile aka "unknown" boat? I was thinking about putting a 007 on the side of it as a joke for ya.. LOL
RD
I don't get it? :confused:

RiverDave
05-23-2006, 03:14 PM
i was thinking the same thing ??? i think dave is about a .09 right now ;)
My humour is pretty dry sometimes..
River"cough cough"Dave

LYN-HOS
05-23-2006, 03:35 PM
Alan,
what's LE gonna be like this weekend on the strip?????

Jbb
05-23-2006, 03:37 PM
My humour is pretty dry sometimes..
River"cough cough"Dave
I found when he gets like this.....a strong shovel blow to the head....snaps him right out of it... :p

Boatcop
05-23-2006, 03:39 PM
We'll have boats out from early morning until 3 or 4 AM, Thurs. Fri. Sat. and Sun.
AZGFD and San Bernardino will most likely have a few units out, too. Not sure if CRIT will be patrolling the Res waters.

Jbb
05-23-2006, 03:48 PM
I found when he gets like this.....a strong shovel blow to the head....snaps him right out of it... :p
Observe! (http://www.***boat.com/image_center/data/520/860Shovel.mpeg)

DILLIGAF
05-23-2006, 03:51 PM
Alan,
what's LE gonna be like this weekend on the strip?????
I would be very careful with that boat you have now :)

Boatcop
05-23-2006, 03:52 PM
Observe! (http://www.***boat.com/image_center/data/520/860Shovel.mpeg)
I hate it when that happens. :crossx: :220v:

DILLIGAF
05-23-2006, 03:56 PM
I don't get it? :confused:
I think he is referring to being an "undercover brutha" or maybe he just likes James Bond :)

Mandelon
05-23-2006, 04:13 PM
If you are at anchor you can be legally blotto'd cuz no one is "operating" the vessel? Is this correct?
It'd take you a long time, but I imagine you could hopscotch a pair of anchors back to the launch ramp... LOL :p

77charger
05-23-2006, 05:09 PM
If you are at anchor you can be legally blotto'd cuz no one is "operating" the vessel? Is this correct?
It'd take you a long time, but I imagine you could hopscotch a pair of anchors back to the launch ramp... LOL :p
true to that or beached as long as the boat is tied to a rope that is tied to the shore somehow.Or as you said anchored.
as for the last part there hop scotch.just dont pull bothanchors at the same time. :rollside:

slink
05-23-2006, 05:22 PM
The law is, and always has been "Impaired to the Slightest Degree". Both for driving and operating a watercraft.
However, the law presumes you are impaired at .08% AC.
The law presumes you are NOT impaired below .05% AC (Except commercial drivers/boat operators, where the limit is .04% and Minors, under 21, where the limit is anything above .00%)
If between .05% and .08% there is no presumption either way, but the judge will determine if the evidence presented indicates the person was impaired. The evidence can be results of FSTs, driving pattern, demeanor, appearance, etc.
Alan, being in LE, I get asked alot about O.U.I's and related questions while at the river. Not being a OUI expert, I give them the company line, "Just don't D&D and you've got nothhing to worry about. The two most common questions are:
1. If you are floating and no one is sitting at the helm, who is responsible if the troops conduct a "safety compliance check". assuming some are drinking and some are not
2. Since P.A.S is considered an FST, can people refuse if boarded?
Thanks, Jeff

Kilrtoy
05-23-2006, 05:28 PM
Alan, being in LE, I get asked alot about O.U.I's and related questions while at the river. Not being a OUI expert, I give them the company line, "Just don't D&D and you've got nothhing to worry about. The two most common questions are:
1. If you are floating and no one is sitting at the helm, who is responsible if the troops conduct a "safety compliance check". assuming some are drinking and some are not
2. Since P.A.S is considered an FST, can people refuse if boarded?
Thanks, Jeff
Damn Rookie DICKS :boxed:

slink
05-23-2006, 05:31 PM
Damn Rookie DICKS :boxed:
At least I don't think I know it all(cough,cough MOTOR)...........
Damn Bucket head :p :)

Kilrtoy
05-23-2006, 05:34 PM
At least I don't think I know it all(cough,cough MOTOR)...........
Damn Bucket head :p :)
The only thing I know, is CLICK IT OR TICKET, until the first week of June

slink
05-23-2006, 05:34 PM
Damn Rookie DICKS :boxed:
Throw up your answer before BC, see if it's right
I say he is going to say the R/O is responsible, but impossible to prove if I let my none drinking buddy drive and no, they can't make you blow into the P.A.S

slink
05-23-2006, 05:36 PM
The only thing I know, is CLICK IT OR TICKET, until the first week of June
You have to work over memorial? mandatory OT? CHACHING

GHT
05-23-2006, 05:36 PM
Isn't Mem / 4th O-July / Labor Day usually the Highest number of patrol officers anyway? Not like this is anything new.

Cheap Thrills
05-23-2006, 05:39 PM
If you are at anchor you can be legally blotto'd cuz no one is "operating" the vessel? Is this correct?
It'd take you a long time, but I imagine you could hopscotch a pair of anchors back to the launch ramp... LOL :p
Be sure to pull the keys from the ignition if so equipped. if the vessel is in motion regardless of method of propulsion I believe the registered owner is screwed if impaired.
C.T. :wink:

Kilrtoy
05-23-2006, 05:39 PM
Throw up your answer before BC, see if it's right
I say he is going to say the R/O is responsible, but impossible to prove if I let my none drinking buddy drive and no, they can't make you blow into the P.A.S
Correct......
The boat is in the wifes name and I drive, but she is drinking....
PAS can not be forced in CALI, Not sure about AZ

DILLIGAF
05-23-2006, 05:50 PM
If you are at anchor you can be legally blotto'd cuz no one is "operating" the vessel? Is this correct?
It'd take you a long time, but I imagine you could hopscotch a pair of anchors back to the launch ramp... LOL :p
That is funny...I guess it makes sense but I would die laughing if I saw someone trying to do that :)

slink
05-23-2006, 06:08 PM
now now "ponch" (kilr) and "john" (slink) don't be bickering like lil chippies :argue: "can't we all just get along" ?? :rolleyes: :rollside:
Damn Keyes, now you've gone and done it............"Chippies", and all this time I liked you :p :)

slink
05-23-2006, 06:17 PM
sorry, i had too my slinkie brother, i'm bored watching this s hit eastern basketball playoffs .... i kinda miss the clipper bashing - don't mean to pile on the 50, i'm good friends with about 20 le's ... all seriousness, thanks for all you do :cool: - keyes
No sweat, just bustin ballz. I'm wathcing the game too. Miami playing better than I thought they would. Wonder how long Shag can hold up in this series w/ Wallace bangin him around

CA Stu
05-23-2006, 06:26 PM
I don't get it? :confused:
0.07 (%)
I'm guessing.
Cheers
CA Stu

HatenWinter
05-23-2006, 06:57 PM
Question for one of the cops.....
I have a commercial Class A lisence. While operating my boat, am I held to .08 or .04??? Just curious, thanks!

Boatcop
05-23-2006, 07:51 PM
Lets see if I can answer all these.
1. In order for an OUI to kick in, the boat must be underway. Underway is defined as "Not moored, anchored or aground". In AZ it must be a "motorized watercraft" so drunk canoeing, kayaking or sailing is not a violation. Unless there is any type of propulsion attached. Kicker motor, trolling motor, etc.
California applies their BUI laws to ALL vessels. They also include water skis, so under CA law, drunk skiing carries the same penalties as drunk boat operation.
2. If all aboard a floating boat (underway not under power) are impaired, the owner is considered responsible and therefore, in "actual physical control". Keys in or out of the ignition doesn't matter. If the owner is not aboard, then whoever is "responsible" and claims control over the vessel takes the fall. If no-one claims responsiblity, then we assume the boat is stolen and act accordingly. Impound and hold for the owner. Arrest for unauthorized use of a means of transportation, etc.
3. The .04% limit for operating a boat is when the boat is being operated for commercial purposes. Example, the Dixie Bell in Havasu, the Jet Boat Tours, Laughlin Casino shuttles, Commercial Parasail, etc.
4. The law allows us to conduct a "PAS" (We call it a PBT - Preliminary Breath Test). There's no penalty for refusing, just as there isn't for refusing any of the FSTs. But the fact that the subject refused can be entered into evidence testimony. The PBT (PAS) test doesn't count as the Intoxilyzer test for which there are penalties for refusal, and the law says that even if you take the PBT, you still have to complete the certified intox test.
Penalty for refusing the intox is a civil fine of $750, plus surcharges bringing the total cost of refusal to around $2,500. Even if you beat the OUI charge, the fact that you refused will still apply. There's really no way around that. Either you took it or you didn't.
If we feel it's necessary, we get a warrant for refusals. All it takes is a phone call to the judge. Then it's blood draw time. And the refusal charge still stands.
If all that is too much to remember, then try this:
BOAT SOBER!

Flying Tiger
05-23-2006, 07:58 PM
BTW,,, Whats the age requirements for a flagperson when towing a inflatable or wakeboarder?

Boatcop
05-23-2006, 08:03 PM
BTW,,, Whats the age requirements for a flagperson when towing a inflatable or wakeboarder?
By California law the age is 12.
Arizona only requires a "competent" person. The kid poking the flag at the dead frog in the bilge, instead of watching the skier would NOT be considered "competent".

MONEYFURNOTHIN
05-23-2006, 09:21 PM
1) if you have a cdl in CA i believe we are held to a higher standard 0.04 even when in a non comm. vehicle and not working. Does this apply if stopped on the boat in az also? ( hope that was somewhat clear)
2) I had a "friend" who was stopped a few years back for O.U.I on the strip. At that time OUI was not reported to the dmv. There for it never got back to CA and didnt affect his cdl. I was told that has changed now and if you are stoped in az it will be reported to the dmv thus getting back to CA. If i understand the law right ( which i doubt) you face the CA pently which is the same penlty as a dui. Does this make any sense, if so is it true?

MONEYFURNOTHIN
05-23-2006, 09:46 PM
Also some friendly advice for my hot boat friends. I know that nobody on ***boat drinks while boating...... but just in cast there is anyone on here that like's to have a few cold beverages during the day while boating. Here would be my "friends" advice to you...
1) Dont do anything that would give LE a reason to make contact with you
A) Make sure your cf/az numbers are legal and your reg. is current. You will surely be kicking yourself in the azz if you have your new sticker in your truck and get stopped for that only to have the officer say... i stopped you because your reg in not current..... had anything to drink today?
B) Dont have anyone laying on your engine hatch or hanging off the front of your boat while your moving (under power). Again just another reason for LE to to make contact with you, and i think we all see this all the time.
C) How about this havabrew classic. Try not having the hot piece of azz on your boat flashing the boys in the channel as you crusie threw buzzed thinking "im the man". We all enjoy this but maybe wait till your not in danger of the "we stopped you because of the naked girl in the bow of your boat....say sir.. have you been drinking!
D) How about the 19ft roll bar boat with 25 people on it. Yeah i dont think i need to eloborate on this one... however a fun stop to watch!
These are just a FEW of my "friends" suggestions on how not to get an oui! Obviously not drinking is the easiest way... however not very fun! Feel free to add any or your favorite bonehead moves!

BADASS38CHEVY
05-23-2006, 11:01 PM
Its not hard to not drink when boating.I think its to crazy out there even when your sober.Being drunk,good luck.

No Name
05-23-2006, 11:15 PM
Also some friendly advice for my hot boat friends. I know that nobody on ***boat drinks while boating...... but just in cast there is anyone on here that like's to have a few cold beverages during the day while boating. Here would be my "friends" advice to you...
1) Dont do anything that would give LE a reason to make contact with you
A) Make sure your cf/az numbers are legal and your reg. is current. You will surely be kicking yourself in the azz if you have your new sticker in your truck and get stopped for that only to have the officer say... i stopped you because your reg in not current..... had anything to drink today?
B) Dont have anyone laying on your engine hatch or hanging off the front of your boat while your moving (under power). Again just another reason for LE to to make contact with you, and i think we all see this all the time.
C) How about this havabrew classic. Try not having the hot piece of azz on your boat flashing the boys in the channel as you crusie threw buzzed thinking "im the man". We all enjoy this but maybe wait till your not in danger of the "we stopped you because of the naked girl in the bow of your boat....say sir.. have you been drinking!
D) How about the 19ft roll bar boat with 25 people on it. Yeah i dont think i need to eloborate on this one... however a fun stop to watch!
These are just a FEW of my "friends" suggestions on how not to get an oui! Obviously not drinking is the easiest way... however not very fun! Feel free to add any or your favorite bonehead moves!
I think that about covers it with maybe the exception of blasting the stereo. I think thatÂ’s always good for a second look from LE.

Benjhamina
05-24-2006, 08:18 AM
Also some friendly advice for my hot boat friends. I know that nobody on ***boat drinks while boating...... but just in cast there is anyone on here that like's to have a few cold beverages during the day while boating. Here would be my "friends" advice to you...
1) Dont do anything that would give LE a reason to make contact with you
A) Make sure your cf/az numbers are legal and your reg. is current. You will surely be kicking yourself in the azz if you have your new sticker in your truck and get stopped for that only to have the officer say... i stopped you because your reg in not current..... had anything to drink today?
B) Dont have anyone laying on your engine hatch or hanging off the front of your boat while your moving (under power). Again just another reason for LE to to make contact with you, and i think we all see this all the time.
C) How about this havabrew classic. Try not having the hot piece of azz on your boat flashing the boys in the channel as you crusie threw buzzed thinking "im the man". We all enjoy this but maybe wait till your not in danger of the "we stopped you because of the naked girl in the bow of your boat....say sir.. have you been drinking!
D) How about the 19ft roll bar boat with 25 people on it. Yeah i dont think i need to eloborate on this one... however a fun stop to watch!
These are just a FEW of my "friends" suggestions on how not to get an oui! Obviously not drinking is the easiest way... however not very fun! Feel free to add any or your favorite bonehead moves!
That may seem like a good advice but the last time I was stopped I was coming into kathrine's about 40 ft from my slip with 5 people on my 21 ft open bow. We were all sitting quitely, no music, no visable alchohol, everything up to date at idle speed. The officer was nice but we were there for 30 min while he checked EVERYTHING trying to write us some sort of ticket. It was just the end of his shift and he wanted to get one more. The point is on the water they don't need probable cause to pull you over so the ONLY safe way to boat is sober. Bummer......

91nordic29
05-24-2006, 09:38 AM
The kid poking the flag at the dead frog in the bilge, instead of watching the skier would NOT be considered "competent".
teeeheeeheee! :)