Drinking while anchored & the law

[scottatwork]

Re: Drinking while anchored & the law

In our state, motor veh icles (Not sure if boats apply) are when you are in control of the veh icle or have a key ON YOUR PERSON.<br /><br />Now, if the key is with someone that is sober and you are all drinking, I think you'd be fine....<br /><br />I've seen guys get busted for walking away from a car, and because they had the keys and the car had been warm they got one.<br /><br />We also had a guy on a bicycle get a DWI.....<br /><br />THis state will do anything to take your money, most will, so keep that in mind when you do whatever you do

 

[Bateauxbob]

Re: Drinking while anchored & the law

Just spoke with my insurance agent and ordered the umbrella policy. Something I have been meaning to do for a while now.<br /><br />I had to up my car coverage to 300k/300k/100k in order to get the umbrella. I will be sleeping a little better at night now.

 

[KRS]

Re: Drinking while anchored & the law

Originally posted by SwampNut:<br /> ...I have to petition my local police (or police with relevant jurisdiction) to ask them.

Good luck getting a police officer to make a statement like that.<br /><br />And remember, a policeman will not be able to tell you how a jury would vote.

 

[phantoms]

Re: Drinking while anchored & the law

How a Civil jury rules has nothing to do with the law. This has been proven time and again.

 

[CN Spots]

Re: Drinking while anchored & the law

Is there such a thing as a designated Captain? <br /><br />spots

 

[whblaylock]

Re: Drinking while anchored & the law

Thats great advice on personal umbrella. I have been carrying one for 25yrs for a mil and as i think about it I probably need to increase to 2 or 3. It always amuses me that when you have a debate about the use of alcohol it usually focuses on the negative aspects but for the life of me I can't think of anything positive about it. If you don't use it you don't have to worry about the consequences except for the person who does use it and causes harm to you as a result. We tell our kids if you use good sense and follow the rules you don't have to worry about getting into trouble but we think we are to smart to take our own advice.LOL wh

 

[craze1cars]

Re: Drinking while anchored & the law

Originally posted by phantoms:<br /> How a Civil jury rules has nothing to do with the law. This has been proven time and again.

Huh?<br /><br />While I agree that civil cases don't create laws by themselves, the cases do inspire the creation of laws in the legislative branch. And civil juries almost ALWAYS intepret laws. And a civil jury's law interpretation is the place where where you'd REALLY feel the lifelong effects of this written law. MUCH, much more than from any police officer or criminal court. <br /><br />My job over the past 13 years has allowed me sit in courtrooms literally hundreds of times where I witnessed this happen. Usually for car accidents, and even a few times for boat accidents. If the civil jury finds that you broke a written law which resulted directly or indirectly in the severe injury or death of another person, they will very likely find you liable for the financial loss of that person and/or his/her family.<br /><br />ANY time you have a law that is rather vaguely worded or has some gray areas (like this one in question), defining that law for a particular incident falls squarely in the lap of the judges and juries of that jurisdiction. This sets a precedent, which in turn helps to more cleanly define the laws for future judges, juries, and lawyers. That's the American way and always has been.<br /><br />I'm glad to hear a few people here are recognizing the importance of an umbrella. A good, solid sign of intelligent life on earth...

 

[craze1cars]

Re: Drinking while anchored & the law

oops....double post

 

[craze1cars]

Re: Drinking while anchored & the law

Originally posted by Bateauxbob:<br /> Just spoke with my insurance agent and ordered the umbrella policy. Something I have been meaning to do for a while now.<br /><br />I had to up my car coverage to 300k/300k/100k in order to get the umbrella. I will be sleeping a little better at night now.

Holy cow! You actually had to go UP to 100/300 base limits, plus bought an umbrella? It sounds like you just increased your liability coverage from around $50,000 or $100,000 to $1,300,000 or more! You were EXTREMELY underinsured. But that's in your past now...and that's GREAT news! Congratulations...now lets just hope that you NEVER need to make a claim on that policy.

 

[MrBigStuff]

Re: Drinking while anchored & the law

Originally posted by Luna Sea:<br /> Coast Guard borded me one morning, while at anchor.

Hey, I recognize that boat name! Nice boat.<br /><br />Are you moored at Pickering Wharf?<br /><br />I work next to there at Shetland Park...

 

[SwampNut]

Re: Drinking while anchored & the law

Now, if the key is with someone that is sober and you are all drinking, I think you'd be fine....

I usually leave it in the ignition. Guess we're all guilty then. Maybe we give the keys to our 8 year old to be the captain for the night?<br /><br />In my job I'm exposed to "test juries" where big-dollar cases go to a fake trial before the real trial in order to either refine the arguments or decide on a settlement. No big case goes to court without someone having polished the delivery in front of a fake jury. Nothing is left to accident.<br /><br />Seeing this, I realize that the average person--those who aren't smart enough to get out of jury duty--is pretty clueless about the law even if it is explained. And most people readily admit that they will vote contrary to law if they think it's the "right" thing to do. They admit that regardless of instructions, the law, and what is factually presented, they will vote with their "feelings."<br /><br />In other words, he with the most charming lawyer wins.<br /><br />This is why I carry a decent amount of insurance, but more importantly, keep all of our assets in a trust where they are unreachable. If more people did this, there would be far fewer excessive lawsuits.

 

[Drowned Rat]

Re: Drinking while anchored & the law

From the Coasties point of view, it's hard meeting the mission profile they are given. They perform search and rescue, first aid, fire fighting, policing, etc... They are REQUIRED to perform a safety check on every vessel they interact with. It really sucks after busting your butts to save some guys boat from sinking or burning up or whatever, then towing them 2 or 3 hours back to their marina, and then having to inspect their boat for violations. They think your heroes for saving their boat and then they HATE you for citing them for not enough life jackets.

 

[SwampNut]

Re: Drinking while anchored & the law

Now you add the worthless task of looking for contraband, and I'm sure the job is no fun.

 

[KRS]

Re: Drinking while anchored & the law

Originally posted by phantoms:<br /> How a Civil jury rules has nothing to do with the law. This has been proven time and again.

Exactly, no one disputes this... but it's what a jury would find that matters when it comes to personal liability, not what a street officer thinks/does.

 

[scottatwork]

Re: Drinking while anchored & the law

OK GUys you got my attention - I have a boat but no insurance for me when I'm on the water.<br /><br />What do I ask my agent for?

 

[SwampNut]

Re: Drinking while anchored & the law

Ask him for boat insurance. Seriously. It's fairly cheap; small boats typically around $250 and my 29' is under $500.<br /><br />The components of insurance:<br />Boat damage/loss (sunk, theft, collision, etc)<br />Trailer damage/loss<br />Water/environment damage<br />Boat towing coverage (most include $100)<br />Liability while on water<br />Liability while towing<br />Some include/offier trailer towing coverage (BOAT US is cheaper)<br /><br />There are a lot of online sources for insurance. I'd request a quote from BOAT US and Progressive. My parents have Allstate and they just settled a hurricane claim, paying more than expected, and very easy to deal with.

 

[QC]

Re: Drinking while anchored & the law

DR,<br /><br />Just to clarify my comment, I am a big supporter of law enforcement AND all branches of the military. If reported correctly though, boarding a boat at anchor with no provocation, sounds more like Mexican Authorities than American . . . <br /><br />You would be amazed at how I react to safety inspections. I like them. I want my kids to see that I play by the rules. Also, I do as said above, I stop and talk with the boat police guys every chance I get, for a variety of reasons. Some selfish. I want them to see my boat and know that I am on their side, and again I want my kids to see law enforcement as people to respect and not fear.

 

[Drowned Rat]

Re: Drinking while anchored & the law

I understand your point QC. Many feel just as you do and perhaps with good reason. It's no fun being interrupted from your fun for a "Safety" inspection, however. Any boat in the water, be it underway, at anchor, docked, etc... falls under federal jurisdiction if you're on interstate waters. Boarding without cause is a job requirement for Coast Guard law enforcement personnel. Personally, I never did it, but truth be told a "cause" can be manufactured on virtually every boat on the water. Very few individuals know enough about federal requirements to the letter to keep their boats equipped the right way. Present company excepted of course. Registration number spacing, size and color was always a favorite of mine.

 

[QC]

Re: Drinking while anchored & the law

DR,<br /><br />My reg sticker on the starboard side is incorrect. I bought it used and the knucklehead had the sticker forward of the number not aft Remind me to move it at iboats west if I haven't yet

 

[craze1cars]

Re: Drinking while anchored & the law

Originally posted by SwampNut:<br /> Ask him for boat insurance. Seriously. It's fairly cheap; small boats typically around $250 and my 29' is under $500.<br /><br />The components of insurance:<br />Boat damage/loss (sunk, theft, collision, etc)<br />Trailer damage/loss<br />Water/environment damage<br />Boat towing coverage (most include $100)<br />Liability while on water<br />Liability while towing<br />Some include/offier trailer towing coverage (BOAT US is cheaper)<br /><br />There are a lot of online sources for insurance. I'd request a quote from BOAT US and Progressive. My parents have Allstate and they just settled a hurricane claim, paying more than expected, and very easy to deal with.

I agree. There's all kinds of companies that sell boat insurance, including most of your normal car & homeowner's companies. My American Family basic boat insurance policy costs only $116 per year including liability and $500 deductible coverage for boat damage. 14 year old, 19 foot bowrider I/O. I tried to go even cheaper by dropping the coverage for the old boat itself...they wouldn't even let me do it. Cheap policy regardless.