Some pepople are just cursed...

[Aquaman-PSD]

Thought I would share a funny story from this past weekend. A couple of friends of mine we're boating on Lake Cumberland on saturday having a great time... until johnny law pulled them over and arrested the boat owner for BUI :facepalm: he didn't blow even half of the legal limit but because there was open containers the warden arrested him and took him to jail! well before he left he told my friend that was on the boat with him to go ahead and enjoy the day and get him in the morning since they wouldn't release him till them anyway. Well they continued to play and tube until one time he went to shift into gear and Crack! I wasn't there but from his discription sounds like he scrapped the alpha one.

They got picked up and brought back the the other boats in Harmon Cove (Party Cove) and someone told my friend go ahead and take his boat and tow it in and bring the boat back.... wrong choice. Got half way back to the boat and boom there goes the 3.0 merc. Took until monday night to get all the fallen soldiers back on the trailers and home. Needless to say next time he wants to come out with me he will be towed in a canoe behind the boat!!

 

[spoilsofwar]

Re: Some pepople are just cursed...

They do say bad things come in threes.

 

[H20Rat]

Re: Some pepople are just cursed...

Thought I would share a funny story from this past weekend. A couple of friends of mine we're boating on Lake Cumberland on saturday having a great time... until johnny law pulled them over and arrested the boat owner for BUI :facepalm: he didn't blow even half of the legal limit but because there was open containers the warden arrested him and took him to jail!

Ouch! alcohol laws vary alot for boating, that one sounds like the most extreme. In my state, the driver can openly drink in front of the enforcement officer, and the alcohol limit is .10, not .08.

 

[MH Hawker]

Re: Some pepople are just cursed...

Snickers, I have spend a good amount of time out on lake Cumberland. A company I used to work for would shut down for 2 weeks and rent one of the 80 foot luxury house boats and it was a 2 week floating party lololol And it used to be a dry part of the state just having a open container gets you a 500.00 fine and a night at the gray bar hotel. Thats one of those don't ask how I know. . And over the 6 trips I made we never brough back any thing in running condition.

 

[Aquaman-PSD]

Re: Some pepople are just cursed...

yep in KY as I understand the law a boat is to be treated the same as a car when not anchored. Now how well it is inforced depends on the rabbit sherifs mood that day. The limit for KY is .08 but if there is any trace amount of alcohol on your breath it is up to the officers discretion as to whether or not you are impaired... kind of sucks. My father almost got a DUI on the way home from a Bengals (WHO DEY) game that we went to and he had drank a beer in the first half and a beer in the second half. Officer smelled it and breathalized him. he blew less than half the legal limit and the officer said he should arrest him but because we were so close to home he was going to follow us... he must have been a Cleveland fan

 

[greenbush future]

Re: Some pepople are just cursed...

I lost a jet ski on that lake while down on a long houseboat weekend. We found a nice cove well off the main lake and anchored down for the evening, woke up the following morning, did a boat count, and came up short 1 stand up jet ski. So we sent the ski boat out on recon. We found my baby out in the main lake about 2 miles from the dam and drifting that way!!. This means it floated about 4-5 miles overnight, and she fired right up and we brought her back in. I often wonder if someone borrowed her after dark and just dumped her out there, I guess I will never know.
The LEO can be tough out there, but we never had any problems and I will tell you the group I was with were very, very heavy drinkers. Not me, mind you, but everyone else drank like fish, for 5 days straight.

 

[shrew]

Re: Some pepople are just cursed...

The legal limit is the legal limit. You are either under it, at it, or over it. Open container is nto DUI/DWI. Refusing to blow is a completely different story, but there is no state where a LEO can say "You're under the legal limit, but I'm going to arrest you anyway". This is not to say they can't arrest. However, they are not arresting you legally. Just because they are law enforcement does not mean they are above the law or make good decisions. The difference is, it would be fought in court and dropped. Or faught in a higher court until it was dropped.

 

[dmccaffrey]

Re: Some pepople are just cursed...

The legal limit is the legal limit. You are either under it, at it, or over it.

Sorry but you are absolutely, completely, 100% wrong.

In legal terms, the 0.08 limit is know as the "Illegal Per Se" limit. That means if you blow 0.08, you are by definition impaired. No other evidence is required. Even if you are driving perfectly and pass all the field assessments, you will be found guilty.

However, all states also have laws that allow persecution at lower levels if you show physical signs of impairment. But the burden of proof is much stricter since there is no longer the presumption of guilt that comes with exceeding the legal limit.

If you want to read Kentucky's statutes, go here: http://www.lrc.ky.gov/krs/189a00/010.pdf

Sorry for the hijack but I hate to see inaccurate information going out.

 

[Thalasso]

Re: Some pepople are just cursed...

Sorry but you are absolutely, completely, 100% wrong.

In legal terms, the 0.08 limit is know as the "Illegal Per Se" limit. That means if you blow 0.08, you are by definition impaired. No other evidence is required. Even if you are driving perfectly and pass all the field assessments, you will be found guilty.

However, all states also have laws that allow persecution at lower levels if you show physical signs of impairment. But the burden of proof is much stricter since there is no longer the presumption of guilt that comes with exceeding the legal limit.

If you want to read Kentucky's statutes, go here: http://www.lrc.ky.gov/krs/189a00/010.pdf

Sorry for the hijack but I hate to see inaccurate information going out.

You mean charged. The police are not judge and jury even they think they might be. At.08 i'll bet in a court with a competant lawyer the charge will be excused.

 

[Taylor31]

Re: Some pepople are just cursed...

Thought I would share a funny story from this past weekend. A couple of friends of mine we're boating on Lake Cumberland on saturday having a great time... until johnny law pulled them over and arrested the boat owner for BUI :facepalm: he didn't blow even half of the legal limit but because there was open containers the warden arrested him and took him to jail! well before he left he told my friend that was on the boat with him to go ahead and enjoy the day and get him in the morning since they wouldn't release him till them anyway. Well they continued to play and tube until one time he went to shift into gear and Crack! I wasn't there but from his discription sounds like he scrapped the alpha one.

They got picked up and brought back the the other boats in Harmon Cove (Party Cove) and someone told my friend go ahead and take his boat and tow it in and bring the boat back.... wrong choice. Got half way back to the boat and boom there goes the 3.0 merc. Took until monday night to get all the fallen soldiers back on the trailers and home. Needless to say next time he wants to come out with me he will be towed in a canoe behind the boat!!

Be thankful you don't live in Ontario Canada where I am. There is zero tolerance for any alcohol that is accessible! Not even open, while you are underway. Even when anchored you cannot drink unless your boat has living quarters (bed, galley and head)? We have the strictest laws anywhere from what I understand.

 

[oregoncruiser]

Re: Some pepople are just cursed...

Sorry but you are absolutely, completely, 100% wrong.

In legal terms, the 0.08 limit is know as the "Illegal Per Se" limit. That means if you blow 0.08, you are by definition impaired. No other evidence is required. Even if you are driving perfectly and pass all the field assessments, you will be found guilty.

However, all states also have laws that allow persecution at lower levels if you show physical signs of impairment. But the burden of proof is much stricter since there is no longer the presumption of guilt that comes with exceeding the legal limit.

If you want to read Kentucky's statutes, go here: http://www.lrc.ky.gov/krs/189a00/010.pdf

Sorry for the hijack but I hate to see inaccurate information going out.

dmccaffrey is absolutely correct!! DUII, or BUII or whatever your state calls it is driving under the influence of intoxicants. Intoxicants are not limited to alcohol. So what you blow is irrelevant, well not irrelevant, but it is simply evidence if it below the legal limit. It makes it harder for an officer to make a BUII/DUII stick, but blowing a 0.0 does not mean a driver is not under the influence of something, and does not mean he is okay to be operating a vehicle.

Either way, sounds like a suck weekend, and I'm not sure I would want his canoe attached to my tow line!!! LOL!!

 

[Aquaman-PSD]

Re: Some pepople are just cursed...

Thanks for the good information. I had heard several people tell me this before but when it comes to the law, thinkin you know it is worse that not knowing enything about it! He probably could fight it and win but it the biggest challenge is the fact that he was originally pulled over while tubing in a restricted area... that may be all the proof the officer needs to say that his judgment was impaired. Anyway around it drinking to the level of "impaired" and boating on a lake as crowded as cumberland is scary stuff. Being a diver on a water rescue team I have seen all to often the worst outcome... I think I'll enjoy my bud light after the boating is done! or from the beach