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July 12, 2011

Boozin' While Cruisin' Is A Recipe For Disaster: Drinking and Boating

As it heats up outside many locals from Monmouth and Ocean Counties jump aboard their boats, sailboats, fishing boats, speedboats, catamarans, row boats, kayaks and canoes to have fun in the sun. But beware, after several hours of boating its effects on the body, such as fatigue, wave motion and heat exhaustion, which can make even the most prudent boater physically compromised or downright impaired. When these effects are combined with alcohol, it raises the likelihood that something will go wrong. When something goes wrong on water, it often goes quite wrong. The health effects mentioned have actually been proven to increase the effects of alcohol on the body with respect to sensory impairment. With the number of related accidents and fatalities, perhaps a Boating While Intoxicated or Boating Under the Influence public service campaign should be launched.

Nationwide each year, hundreds of boating deaths and injuries are caused by or in some way related to alcohol consumption. Authorities have determined that boating while intoxicated is just as dangerous as driving while intoxicated, if not, more so. Boats lack brakes, so there are no breaks to hit (and then pray). Further, open water is not equipped with traffic safety devices to guide your way, aside from buoy markers. The U.S. Coast Guard and New Jersey law enforcement will be on the look out for impaired boaters this summer on local lakes and rivers. Make no mistake about it if you are questioned by a member of the Coast Guard or police. Offenders can be charged with a DUI or DWI just as they could on land. Penalties include potential loss of all boat as well as automobile operating privileges for six months. The thinking is, if you can't be trusted with a boat, why should law enforcement trust you with a car.

As with all legal cases, details are significant. Further, civil suits may follow quickly. If you have been charged with a DWI/DUI for operating a boat while under the influence contact a defense lawyer immediately so that he or she can devise a legal strategy best suited to protect your rights.

June 30, 2011

Notre Dame Wide Receiver Michael Floyd Pleads Guilty to DUI

Alcohol and vehicular troubles are nothing new to collegiate athletes, unfortunately. So this story can be added to the others covered here. Notre Dame's Wide Receiver Michael Floyd was reportedly sentenced to a year of probation and cannot drive for 90 days following his guilty plea to a misdemeanor drunk driving charge. Once Floyd's license is reinstated he will have a device in his car for 180 days that will monitor Floyd's blood-alcohol level and will prevent the car from starting if his blood-alcohol level is too high. Floyd was arrested for driving while intoxicated in March in South Bend, Indiana. At the time of his arrest, his blood-alcohol level was 0.19%, which is more then double the legal limit. Any attorney in this position would likely be patting himself on the back. He seems to have some trouble maintaining the separation of driving and drinking, so perhaps his sentence is fitting and will help him focus on his talents.
In Indiana drunk driving is considered a misdemeanor crime. Had Floyd been arrested in New Jersey he would have instead committed a Title 39 motor vehicle violation rather than a crime. The minimum penalty in New Jersey for a DUI is 7 months loss of drivers license. Since his blood-alcohol level was as high as a 0.19% (New Jersey considers over a 0.08% blood alcohol level to be driving under the influence) he would be required to have a mandatory interlock device. This device of course would prevent the car from starting if his blood-alcohol level is too high. He would be stuck with the interlock device for six months after his license was restored.
There are many permutations of penalties and sentences you may receive depending upon the number of infractions you have on your record. It helps to have an experienced attorney on your side. If you have been charged with a DUI you should seek help from a licensed attorney immediately.