The .05 limit when boating

[Reel Nauti]

I know a few people who have been as well Dogsbody. I went to support a friend who pleaded not guilty to DUI at .05. His solicitor argued that in a 60k zone a motorist is permitted to drive at 60k per hour, and in a 100k zone permitted to drive at 100k per hour. But the Police Service and Government promote .05 as being the legal limit for BAC when in fact if you are at .05 you have broken the law. The magistrate stated that at .05 you are indeed over the limit and my friend was charged accordingly.

How do they get away with promoting .05. Surely it has got to be misleading advertising at the very least, at the most it is nothing but a lie.

Cheers

Dave

[bay_firey]

Dave I think you will find that they promote it as having to be Under .05

[shaman]

Embarrassed Billy,


r.

?????????????????? who's embarrased and why ???????????????????????

[Reel Nauti]

Hi Booty

Yes I know at .05 one is over the limit and therefore guilty. My friend knew that as well, as of course did the solicitor. The point they were trying to make, by taking it to court, was the fact that .05 is so heavily promoted and yet if you are at it you are guilty. I think another point they were both trying to make is why is it not .049 that is promoted vigorously as being the "limit". All the signs, all of the advertising, the years of extensive promotion, and I can honestly say that I have never seen .049 as being stated as the "limit".

Just one of my pet gripes I guess!

Cheers

Dave

[juju]

Why is there a need to drink at all ????

[Relaxed]

Hi Juju

I drink because it tastes bloody great, and quenches my thirst .

I don't drink and drive, like Gawby I have seen the results, only a few weeks ago I came accross an accident scene which was a triple fatality, all from the one family.

On the same strech of road a week later a person exceeding the alcohol limit, missed crashing into us by about ten metres, he lost control doing approx 130kmh in a 60 zone, we had to swerve to avoid him.

In Tassie we only charge or proceed, if the alcohol concentration is 0.051 or greater.

Like others have said police must have the facts to back up any charges, fines can always not be paid and the person can have their say in court and dispute any facts.

Cheers Andy.

[haggis]

I dont drink & drive in my boat . I leave the drinking till we get home and wash the boat , with level five water restrictions I have more time to drink my beer in a safe enviroment unless I upset the misses .
cheers fae Haggis ..............

[Cruiser]

One question for the boys in blue...

On land, you are generally tested at the roadside using a hand-held "alco-tester" which is just a screening device. If you fail you will be required to undergo a proper breathalyser test at an RBT or Police Station before you can be charged. You cannot be charged on the basis of the alco-tester alone (it's not that accurate).

What happens on the water? I have been tested by Water Police using the hand-held device (and passed with a zero reading). What if I had registered a fail? Wouldn't I have to be taken back to a Police Station for a proper breathalyser test? If so, chances are that would take a while and I'd probably end up under the limit by then. Or can you be charged just on the results of the handheld device? I didn't see a full blown breathalyser in their rubber duckie.

What happens to my boat in that case? Is it just left anchored out in the bay?

Just curious is all.

Chris.

[Relaxed]

Hi Cruiser,

You are right, if over the limit on the handheld you must be taken back to the station or a mobile Booze Bus to be put on the breath analysis instrument.

The law's about alcohol and boating are only new down here, I don't believe anyone has been charged yet.

Your blood alcohol level may come down in the time it takes or it may actualy rise depending on how much you have drank and when you had your last one.

As far as what to do with the boat I am not sure, maybe Booty could help out with the answer. (why does his post have banned next to it, have I missed something?)

Cheers Andy.

[Reel Nauti]

Andy, are you saying that no one in Tassie has been charged with DUI in their boat??

What happens in NSW Tom?

And they are good questions Cruiser. Is there a Qld policeman here who can answer? Booty's been banned, twice I think, so I don't think he will be able to respond.

Cheers

Dave

[littlejim]

as I sit here sipping away on my Tooheys Blue (light) typing in answers to posts I would otherwise just read, I wondered if there should be a 0.05 limit when posting. Or would that mean we get no posts? (I've removed all the typos so you don't think I've had too many Tooheys Bloos.)

[Relaxed]

Hi Reel Nauti

Yep as far as I know noone has been charged, the legislation is only new and we don't have as many boaters as other states.

The Police force is reluctant to put too much spend money, we work on a tough budget, so numbers are not enough too police the new legislation.

Littlejim, the only reason my name on here is Relaxed is because of too many Toohyes Red.

Why did Booty get banned?

Andy.

[Reel Nauti]

Hey guys I don't want to go on and on about this, but just check it out for yourselves. This is the police site as you can see, and please take particular notice of the last line where is states very clearly about 'how not to go OVER THE .05 LEGAL LIMIT'.

http://www.police.qld.gov.au/services/drugs/law/08.htm

Cheers

Dave

[Rod Fishing]

[quote=Relaxed;619325]Hi Reel Nauti

Yep as far as I know noone has been charged, the legislation is only new and we don't have as many boaters as other states.

The Police force is reluctant to put too much spend money, we work on a tough budget, so numbers are not enough too police the new legislation.

Littlejim, the only reason my name on here is Relaxed is because of too many Toohyes Red.

Why did Booty get banned?

Andy.[/quote

Yeah why did booty get banned?

[mod5]

Hi Reel Nauti

Yep as far as I know noone has been charged, the legislation is only new and we don't have as many boaters as other states.

The Police force is reluctant to put too much spend money, we work on a tough budget, so numbers are not enough too police the new legislation.

Littlejim, the only reason my name on here is Relaxed is because of too many Toohyes Red.

Why did Booty get banned?

Andy.

Yeah why did booty get banned?

As with drink driving both on land and water there are rules. Flout the rules and there are sanctions.

Ausfish is the same. When you sign up you agree to a certain set of rules. Continuously flout those rules and there are sanctions.

Bootyinblue was banned for continuing to do certain things after being warned not to.