Re: Drinking while anchored & the law
My take on this law? As was just stated....Semantics. The police are of little concern with regards to this law. That's just a fine/no fine situation in a criminal case, and it won't have a long term effect on your life. The interpretation of this law verbage would far more likely be determined in a civil case. In fact, a civil case (not a criminal case) is probably what resulted in the CREATION of this law. It's the "other guy" who brings up this law in court who will be your big concern.<br /><br />As an insurance guy, I can easily forsee this scenario occurring:<br /><br />Anchored for the night, whole boatload is partying and blotto'd including you (the owner/captain/person in care, custody and control of the boat.) Suddenly SPLASH! MAN OVERBOARD. Doesn't matter how or why he fell off. Your close friend drowns (either the one who fell in, or the one who jumped in after him/her to stupidly try to save the first person), who also happens to be the primary breadwinner from another family. Doesn't matter how or why he died. Police respond to the scene, take blood tests as a matter of policy in an accidental death case, and they let you off scott free without even a ticket because they're human beings and figured you've suffered enough of a loss already (such police practice is very common in fatal accidents). <br /><br />But the dead friend's pregnant wife several months later takes you to court and her lawyer quotes this "physical control" law in court, and makes a case against you that because you were intoxicated (toxicology reports obtained from the routine police check), you had less opportunity to react accordingly to help save her husband's life. Therefore you should be held accountable for his death.<br /><br />So the only answer to this question is that which the court/judge/jury will provide in such a scenario. If they interpret the law liberally, you will be fould liable for the death and therefore held responsible for supporting the wife and her family, plus college educations for the kids, over the next 15 to 20 years, and it will cost you millions of $$$ along with having a dead friend on your concience. If they interpret the law conservatively, they will find in favor of the defendant (you) and you'll have nothing but a dead friend on your concience.<br /><br />And review your insurance policies. Any liability limit of less than a million smackers will be useless in a REAL accident. EVERYONE who owns a home and/or has a family needs an umbrella policy. Period. And if you're an aging guy with a big 401k balance and dreams of a comfy retirement....you should be looking beyond the $1M limit, probably closer to $5M. If you don't know what an umbrella is, that means you are an uneducated consumer and you're greatly underinsured. Talk to your agent and buy the best and cheapest insurance product you'll never use (hopefully). If your insurance carrier doesn't sell umbrellas, run VERY fast to a better insurance company and switch. NOW.<br /><br />I can't tell you the number of times I've heard my insurance company say, "I'm sorry sir, I realize you have lost the accidental death suit for $1.2M, but your policy will only pay $250,000 because your policy clearly states a 250/500 liability limit. So I'll mail the plaintiff this $250,000 check today, but you will have to find the other $950,000 elsewhere. I wish I could be of more help...." (Incidentally, my insurance company employer doesn't sell umbrellas. BIG HOLE. So I get my paycheck from them, but I buy all my insurance from a competitor who sells umbrellas.)<br /><br />In such a scenario, it is usually not a matter of simply declaring bankrupcy. First you sell your cars, boat, house, and liquidate your retirement savings. THEN they garnish your wages and take about $1,000 per month out of your paycheck for the next 17 years. THEN, and only THEN, will you be able to feel the sweet relief of bankruptcy if you still can't afford life. All because you hit a motorist changing the tire on the side of the interstate, or the mailman slipped/fell on your icy sidewalk, or your best friend fell off your boat & drowned, or whatever.<br /><br />OR.....spend $200 per year NOW on an umbrella and keep EVERYTHING you own if God forbid such things should happen to you.<br /><br />How's that for a sunshine post?! Sorry to drift off topic a bit. Have a great day, everyone. And party on, dudes!
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