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Old 08-04-2012, 10:21 PM
 
Location: Dangling from a mooses antlers
5,358 posts, read 7,158,005 times
Reputation: 3356

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Quote:
Originally Posted by Glitch View Post
I do not watch TV. See below:



You will note that the trooper left out that part about "navigate a vessel."

SCREAMING OUT LOUD!!!

This isn't the Troopers report!!!! This is only a synopsis of the calls troopers answer and in most Trooper posts the dispatchers type these up.

PLEASE, IF YOU HAVE A COPY OF THE OFFICIAL REPORT THAT HE SENT TO THE DA'S OFFICE THEN POST IT!!!

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Old 08-06-2012, 12:16 PM
 
Location: Alaska
5,154 posts, read 9,418,017 times
Reputation: 3497
I think whether the charge sticks will depend on what he was doing prior to the arrest. If he had been paddling around or causing actions that interfered with other boaters, then yes, the charges will stick. If he was just being annoying in some way that irritated others, then he'll have a care for getting the charges reduced or dropped.
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Old 08-06-2012, 01:26 PM
 
Location: Wasilla, Alaska
17,862 posts, read 11,638,651 times
Reputation: 6292
Quote:
Originally Posted by akck View Post
I think whether the charge sticks will depend on what he was doing prior to the arrest. If he had been paddling around or causing actions that interfered with other boaters, then yes, the charges will stick. If he was just being annoying in some way that irritated others, then he'll have a care for getting the charges reduced or dropped.
If he was paddling or steering the raft, then he was navigating. If he was just allowing the raft to drift with the current and made no attempts to alter its course, then he was floating and not navigating. Also, it does not matter if he was annoying or irritating others, he could have still been taken into custody without being charged with a DUI.

Quote:
(b) A person who appears to be incapacitated by alcohol or drugs in a public place shall be taken into protective custody by a peace officer or a member of the emergency service patrol and immediately brought to an approved public treatment facility, an approved private treatment facility, or another appropriate health facility or service for emergency medical treatment.

(i) A person taken to a detention facility under (a) or (b) of this section may be detained only (1) until a treatment facility or emergency medical service is made available, (2) until the person is no longer intoxicated or incapacitated by alcohol or drugs, or (3) for a maximum period of 12 hours, whichever occurs first. A detaining officer or a detention facility official may release a person who is detained under (a) or (b) of this section at any time to the custody of a responsible adult.

Source: AS 47.37.170

Last edited by Glitch; 08-06-2012 at 01:38 PM..
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Old 08-06-2012, 05:13 PM
 
Location: Alaska
5,154 posts, read 9,418,017 times
Reputation: 3497
Quote:
Originally Posted by Glitch View Post
If he was paddling or steering the raft, then he was navigating. If he was just allowing the raft to drift with the current and made no attempts to alter its course, then he was floating and not navigating. Also, it does not matter if he was annoying or irritating others, he could have still been taken into custody without being charged with a DUI.
That was part of my point that he'll have a good chance to beat the DUI. I will add there is at least one case where his inactions to control his raft could warrant a DUI. If his position on the river forced other rafts/boats to veer away to avoid him, potentially placing them in danger.
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Old 08-06-2012, 06:16 PM
 
Location: 112 Ocean Avenue
5,706 posts, read 4,815,451 times
Reputation: 8664
This guy would be a role model here in WI for FUI as opposed to DUI.
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