BUI and Death

S

Sky King

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exMember
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Jun 11, 2005
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52
Received this today. This makes me sick. What a needless,tragic loss. I do drink on my boat. On the hook. In our slip. We entertain a lot of guests on-board and most of them are boat owners as well. Then it's water/soda hours prior to departure.

This really upset me espespecially when a passenger on the offending vessel made a statement of "taking a cab home." Why on earth did no one else voice a concurn to the operator (I won't give the operator the dignity of calling him captain).

http://www.boattest.com/resources/view_news.aspx?newsid=4231

Sorry, not even from that area but boy, I'm shaking.
 
The operator of vessel 2 is lucky to not also have a BUI conviction. Even though his BAC was .07 which is below the .08 limit it would certainly appear that his level of impairment was a contributing factor to the accident. Given the seriousness of the accident and the fact that all his passengers are dead it is surprising they did not prosecute him. If you are considering drinking and operating any vehicle or vessel keep in mind that the .08 is just a number that does not require proof that the operator was impaired, the presumption is that .08 or above is impaired and the BAC test results are all that is needed for a conviction. If the operator is less than .08 they can still be impaired and convicted of a DUI or BUI but the court will need to prove that the operator was in fact impaired based on their actions at the time of the arrest. As such, the operator of vessel 2 with the BAC of .07 is really lucky not to be headed to prison with the operator of vessel 1.

Too bad his passengers don't share his same luck.
 
kgd, I was thinking along the same lines. Not only is he barely below the threshold, he was operating his boat at a high speed during a meeting scenario. What was he thinking? Passing the other boat in close range at 26mph? Me, I back down until I know EXACTLY what the other person intends to do. Also, the other boat tried to cut in front of boat 2 and boat 2 hit him. I disagree with the 95% 5% split of fault. I would think it was more of 60-40 or 75-25.
 
Agree. However, impaired or not, the rules are the rules for a reason and the operator of vessel B followed Rule 14. I believe that is the only thing that partially exonerated him. Add to that he has to deal with being a part of killing his father, his mother and his aunt for the rest of his life. I wonder if that played a part in the findings. Ideally it should not. However humans have frailties.

I can't believe the owner of vessel A got a BUI. I would have thought it would have been a BWI which in VA carries mandatory jail time, accident or not.
 
I think you're both correct, and don't forget... the fact that the Sea Hunt skipper wasn't found to be at fault doesn't bring back the 3 dead passengers who were on his boat. Booze + Speed = Trouble!
 
quote:
Originally posted by Tim R

...... Booze + Speed = Trouble!
Click to expand...


Booze and operating a boat (or car, truck, machinery, etc.) = Trouble.

I never operated a boat while intoxicated, but drove home from bars, parties, etc. late at night after drinking for many years (I played in the band). All I can say at this point is that I was very lucky not to have been involved in an accident or arrested.

After many years, I wised up and asked my wife to drive home.

A casual observation of the trash cans at my marina indicates that many boaters have not gotten the message about drinking and boating.
 
I have a friend who was going at hull speed down the ship channel at night. A go fast boat came out
of a bayou on plane and T-boned his boat. The go fast boat operator was drunk and got killed.
Everyone in both boats were injured and both boats were totaled.
My friend was doing everything by the book and the go fast boats occupants still sued my friends
insurance and won money. The judge said that on the water, in any accident, both were at fault.
It don't always pay to go by the book.
 
quote:
Originally posted by WALSHIE

Not only is he barely below the threshold, he was operating his boat at a high speed during a meeting scenario. What was he thinking? Passing the other boat in close range at 26mph?

Click to expand...


I wouldn't call 26 mph high speed.

My minimum planning speed is
23 mph on 1 of my boats.
17 mph on the 2nd.
and well the 3rd really never gets on plane even though I wish it would :)
 
quote:
Originally posted by floydsfloat

quote:
Originally posted by WALSHIE

Not only is he barely below the threshold, he was operating his boat at a high speed during a meeting scenario. What was he thinking? Passing the other boat in close range at 26mph?

Click to expand...


I wouldn't call 26 mph high speed.

My minimum planning speed is
23 mph on 1 of my boats.
17 mph on the 2nd.
and well the 3rd really never gets on plane even though I wish it would :)
Click to expand...

He said "close range". I don't know about other parts of the country, but in SC, you are required to slow to "no wake" speed within fifty feet of another boat. It's not enforced, and few people seem to know about it, but that's the law.
 
quote:
Originally posted by rawidman

He said "close range". I don't know about other parts of the country, but in SC, you are required to slow to "no wake" speed within fifty feet of another boat. It's not enforced, and few people seem to know about it, but that's the law.

Click to expand...


I believe that law in SC applies ONLY if the boat is Anchored or Moored. If the other boat is underway, there is no speed limit unless you are in a area with a posted speed limit. http://www.boat-ed.com/sc/sc_specific_images/pdfs/sc_handbook_entire.pdf

I'm not condoning anyone's actions or inactions, it's just that I hate to see "high speed" misused or thrown out there without definition. High speed to 1 person may be minimum planing speed for another.

The fact that alcohol was involved is a totally separate matter and one that changes everything.
 
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