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| Cayuga Lake from the shores of Stewart Park, Ithaca, NY- Newman & Cyr, The DWI Attorneys |
Unlawful Operation on the Water
can lead to a New York BWI
(Boating While Intoxicated)!
In New York State unlawful operation of a vessel (a boat or personal water craft) is the same as reckless operation. It is the most common reason for a Park Police Officer to look at you on the water. It provides them the PC (probable cause) to check you out.
So exactly what constitutes recklessness on the water?
Legally speaking, reckless means: "unreasonably interferes with the free and proper use of the navigable waters of the state or unreasonably endangers any other vessel or person."
The Specifics of Unlawful Boat Operation in New York State:
But for specifics, the park police have wide latitude to pull you over or to occupy your vessel...kinda like pirates.
-Number one is going to fast. Too fast for conditions, too fast for the zone as in NO wake, or too fast for boats nearby.
-Number two, operating Too close to other boats, to the dock, to the shore, or to the pier.
-Number three, allowing people to be where they shouldn't be while operating, like on the gunwale (upper edge of the side), deck, or bow.
-Number four, jumping, weaving, swerving, or overloading.
Basically, all this reckless behavior is how many people have fun on their boats. Most people don't boat safely, I am sorry to say. They believe that the rules on water just don't apply because there are no roads. They gun it and jump, weave, and turn with abandon. Like toddlers playing in a plastic pool.
But all of the above would be reason to invite a New York State Park Police investigation for BWI (boating while intoxicated) or BWAI (boating while ability impaired) charges and an arrest while on Lake Cayuga, Lake Seneca, or Lake Keuka.
If you have questions about a DWI or BWI case in NY, call
us: 607-229-5184
Or find us online! www.ithacadwi.com
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BY NEWMAN & CYR
Copyright 2016. Educational Purposes Only.
*DISCLAIMER: If you or a loved one has been charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes, including the potential loss of your freedom.
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