Be careful out there 2.0

[Biggun4214]

Not to hijack the other thread
I was checking a boat one night. I had blue lights activated and the world lit up. I glanced down the lake to see a pontoon coming straight at us. I pushed hard on the other boat to give us some separation and throttled my boat and peeled away. The pontoon almost hit the other boat and would have probably centered the nose of my boat. When I got the pontoon stopped it was a friend of mine and he had been drinking. He had all the classic signs of being drunk. He was unsatisfactory on the field sobriety tasks. Arrested him and he blew a .02. Come to find out he was diabetic and hadn't taken his insulin in 2-3 days.
He was also friends with the judge and I knew a BUI conviction would be impossible with his BAC. On the court day I worked out a plea deal of Reckless Operation instead of BUI. The judge accepted the deal and later told me he wouldn't have let the BUI stand.

 

[Bucket]

If he blew a .02, why should it have stood? I don't see how his being friends with the judge would have mattered if he wasn't intoxicated and his blood sugar was out of whack. Was he convicted of Reckless Operation because of negligence with his insulin?

 

[BPhunter]

When LEO's and judges do favors for friends, that's a problem every where.

 

[Biggun4214]

If he blew a .02, why should it have stood? I don't see how his being friends with the judge would have mattered if he wasn't intoxicated and his blood sugar was out of whack. Was he convicted of Reckless Operation because of negligence with his insulin?

No because he nearly hit two boats.

 

[Biggun4214]

When LEO's and judges do favors for friends, that's a problem every where.

I don't think it's a favor when a subject is still convicted. If I hadn't done what I did there would have been no recourse for the fact he almost hit 2 boats and could have killed someone.
If you are a former LEO you should know that the judge is Ruler Supreme in his court.

 

[redblood]

I do not drink. Any. Never have. But isnt it .08 where the law is broken? No justifying poor boating or diabetes management just curious as to what the law is ……althoughj i will never have to worrry about it as the driver of the boat (i realize there are plenty of drunks on the water willing to hit me , no doubt)

 

[Biggun4214]

I do not drink. Any. Never have. But isnt it .08 where the law is broken? No justifying poor boating or diabetes management just curious as to what the law is ……althoughj i will never have to worrry about it as the driver of the boat (i realize there are plenty of drunks on the water willing to hit me , no doubt)

BUI and DUI laws in Tennessee now parallel each other. At the time BUI was .10. There was no inference of being intoxicated below .05. Based on all indications the boat operator was drunk.

 

[TITANSFAN2104]

BUI and DUI laws in Tennessee now parallel each other. At the time BUI was .10. There was no inference of being intoxicated below .05. Based on all indications the boat operator was drunk.

He wasn't drunk but he seemed to be is what you are saying??

 

[scn]

He wasn't drunk but he seemed to be is what you are saying??

Impaired is probably the operable description.

 

[Biggun4214]

He wasn't drunk but he seemed to be is what you are saying??

Based on the totality of the circumstances he appeared to be. Once the BAC was obtained it was lower that what was required by law. The amended charge was applied due to the fact he nearly hit two boats.
Imagine someone going the wrong way and going between two cars on a 2 lane highway with narrow shoulders and no room to spread out.