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Originally Posted by BroadHopper
Interesting. I remember MP stopping sailboats and found the skipper intoxicated. They may tow them in but I have not seen one arrested. I was under the assumption that the vehicle has to be motorized.
Skip. under this provision, shouldn't they be arrested????  |
Interesting observation.
You will find some discrepancies in the various RSAs covering this subject.
For instance, if you are convicted of DWI the statute says you specifically lose your right to operate a motorized boat. A motorized boat in NH is a craft that has any means of mechanized propulsion available, whether that propulsion is the main source or not.
There is no case law I can find specifically addrssing your question. However, reading the various RSAs and delving in to the legislative intent, I think you will find it was the desire of the Legislature to limit prosecution to mechanized vessels. It would be very interesting to see the outcome of a rowboat or canoe prosecution. I do know that for years it was thought that you could be successfully prosecuted for DWI on a bicycle, but recent case law has dispelled that notion. However, folks have been prosecuted for operating drunk on mechanized alternative sources of transportation, a riding lawn mower being one case I recall.
So, if they were small sailboats with no motors, perhaps the officers were utilizing there comprehension of the statute as I have laid out above. I believe a sharp defense attorney will argue that the legislative intent, given the ambiguous language in the law, was to restrict enforcement to mechanized vessels.
But remember, being drunk in a canoe or other small boat is about as deadly as it gets on the waterways in this country. With all the incessant talk about high speeds and performance boats, most people (by far) die every year in small craft, and many by the simple act of drowning. And like motor vehicle accidents that take place on our highways, alcohol & drugs are involved in a lion's share of these needless fatalities!
Finally, as I have been forgetfull in stating in my last several posts, these thoughts expressed by me are my sole opinion. If in doubt, please contact your family attorney and/or the Marine Patrol for their expert opinions on the matters expressed!
Merry Christmas,
Skip