Drunk Boater Wrecks into Wildlife Fisheries Boat... Here we go again !

[RB in NM]

I saw this fiasco on the side of the river the day this happened, but i had no idea exactly what was going on. Makes you wonder what really DID happen. I have been in my Allison crusing along and met a patrol boat. and the WLDF boat crossed sideways in front of me for a stop and check. But my stop did not happen at any high rate of speed, maybe 50ish..... nor at any too short of a distance. But still in all.... this guy is in for a ride of another kind.

Man charged with DWI after crashing boat into DWLF boat | News


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<!-- /block -->FRENCH SETTLEMENT, LA (WAFB)- A St. Amant man is facing DWI charges after a boat crash involving a Department of Wildlife and Fisheries boat.
Witnesses say Gary Miller, 43, was driving his boat at a high rate of speed on the Amite River on May 6th when he smashed into a LDWF patrol vessel, badly damaging Miller's boat.
A blood test revealed that Miller's blood alcohol level was over the legal limit.
Miller has been charged with third offense DWI, reckless operation of a vessel and operating a watercraft while under a driver's license suspension.

[Adam McKeon]

Not exactly your model citizen. 3rd DUI and no DL? He should be thankful he didn't hurt or kill someone. JMO

[200venom]

Great, now I'm gonna be stopped 5 times instead of the usual 3. It's really starting to be harrassment on Tickfaw, Amite & Blind river!! I'm all for cracking down on the drunks driving out there but its taking the fun out of boat riding for the rest of us!!

[RB in NM]

Great, now I'm gonna be stopped 5 times instead of the usual 3. It's really starting to be harrassment on Tickfaw, Amite & Blind river!! I'm all for cracking down on the drunks driving out there but its taking the fun out of boat riding for the rest of us!!

Yep.... That's the bad part. I know a couple of the agents that are pretty cool. I've had the 'pleasent' oppertunity to have a few lengthy discussions out on the water.... We get along fine now days. But there are a load of them that treat you like crap out there. The " old guilty till you prove yourself innocent twice" mentality.
But what chaps my azz is that I'll be by myself crusing, mindful of others and tight areas etc..... the Wildlife agents will pass right by a partybarge full of evident drunks, Drinks in hands, yelling at everyone with the jambox blasting some jive crap I can not even understand,, probably too many for the boat or for the amount of lifejackets aboard... and they will pull me over while I'm jacketed up and tied off........RB

[200venom]

LOL!! Yep RB, your right!!

[Forkin' Crazy]

LOL!! Yep RB, your right!!

X3 on that. I treat them like Medusa and don't look them in the eye or even their way. If they know you've made eye contact, they can get you for evading if you don't stop to their wave in. I look the other direction.

So Russ, are you saying they pulled in front of you blocking your path? That's ****ed up.

[HStream1]

Thank God we here in North Carolina have HB-375 (House Bill 375). It passed in December of 2011. Its a violation of your 4th ammendement rights to be stopped checked etc unless there is a fugitive/named offender at large in a man hunt.

I'm going to have fun with them this year if I get stopped. I have copies of the Law in all my vehicles and boats.

If there is probable cause that's another story. But to be stopped without cause just because they want to check you out etc. is BS.

[engineermike]

My wife is an attorney. Back when we first met and she was riding with me on the river, she noticed they appeared to be stopping people randomly and pointed out that's against the law. Well, she went back and researched it and apparently that law doesn't apply on the water because they can claim it's a "safety inspection". This seems backwards to me vs the road, because the waterways were here before the government, so they should have less latitude when harrassing people.

All that and I have to wonder if the WLF boat didn't cause the accident but since the guy was drunk it gets pinned on him.

[HStream1]

Thats the great thing about this NC rule. It does not define (i.e. roads etc., waterways etc).

It clearly mentions Checking Station or Roadblock. It further mentions ANY LAW Enforcement Agency or officer. That means Coast Guard, Wildlife etc.

According to my attorney the Bill has to specify exceptions to the law. Meaning Water Ways, Coast Guard, Wild life etc. Which this law does not.

A safety check is nothing more than a checking station when performed on more than one boat in a given area. A random stop in open water has to have probable cause and it needs to be stated by the Law Enforcement agancy why the vessel was stopped. I.E. Drugs, recklessness, etc.

According to him. He says if stopped (especially in a vessel (that has a Galley, Birthing and Bath). You can even refuse them and request they have a warrant before any action can be taken and you can go about your business.

[low tide]

I must have missed that on the New Orleans news. We have a camp on Chiquapin Canal and are constantly getting pulled over for no reason. I've been pulled over because my 13 year step son was facing the wrong way in his seat. It's a center console and it only has two seats. In order to see behind the boat you have to face the wrong way. I got "pulled over" in a new 24' party barge that was tied up to our dock at our camp for a "safety check". I was the only one in the boat with the motor shut off. Needless to say I passed but, it's just the point of it.
I am actively looking for a small bass boat to hang my Merc off of but I question should I run it down at the camp. I am going there Memorial day weekend to do some fishing and set out crab traps with the wife and kids and I know they will be in full force. Like it was metioned earlier, they have some real nice officers but they also have some real a-holes ! I love Marepaus and the waterways but, man it gets old being pulled over constantly for no reason.

[Mr. Demeanor]

Thats the great thing about this NC rule. It does not define (i.e. roads etc., waterways etc).

It clearly mentions Checking Station or Roadblock. It further mentions ANY LAW Enforcement Agency or officer. That means Coast Guard, Wildlife etc.

According to my attorney the Bill has to specify exceptions to the law. Meaning Water Ways, Coast Guard, Wild life etc. Which this law does not.

A safety check is nothing more than a checking station when performed on more than one boat in a given area. A random stop in open water has to have probable cause and it needs to be stated by the Law Enforcement agancy why the vessel was stopped. I.E. Drugs, recklessness, etc.

According to him. He says if stopped (especially in a vessel (that has a Galley, Birthing and Bath). You can even refuse them and request they have a warrant before any action can be taken and you can go about your business.

Let us know how that works out for you. Im sure the CG (Federal Agency) will love hearing you tell them about the state law.

You have two laws. One says they can stop you for safety inspection and now you have another that seems to contradict it. If you want to be the one to take that one to court.....best of luck!

[engineermike]

Let us know how that works out for you. Im sure the CG (Federal Agency) will love hearing you tell them about the state law.

You have two laws. One says they can stop you for safety inspection and now you have another that seems to contradict it. If you want to be the one to take that one to court.....best of luck!

At ONE TIME, state law would have easily trumped federal law. But these days. . . I think I know who would win . . .

[Mr. Demeanor]

I did a little checking just out of curiosity being a retired LEO....

The bill in question applies very specifically to "roadblocks" and "checking stations". Those terms are part of the NC statutes governing TRAFFIC LAWS. HB 375 applies to traffic law statutes. I see in no way how that applies to laws governing actions on waterways.

As an example, in FL you cannot drive a car with an open beer in your hand. You can legally drive a boat with a beer in your hand. Different laws, different sections of the legal code.

The long and short of it, I wouldnt be waving HB375 in a cops face. Let someone else give it a try.

[HStream1]

I guess it's all in how the language is interpreted. The heading on the bill states.

"An Act to make ALL checking stations unlawfull unless they are established to capture a particular named offender in a man hunt."
Nothing in the Bill specifies anything that eliminates Water Way LEO's. The Bill also states (Any Law Enforcement Agency or Officer).

The key word here is ANY.

According to the attorney I showed the Law to. He clearly says a (Safety Check) is nothing but a glorified checking station with a different name. Also it, HR 375 was brought into law because of and based around the 4th ammendement (The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures).

A safety check without probable cause is unreasonable according to him.


While the law may have been written to focus on Roadways only. It doesn't properly define that by referencing a specific statute or any statue for that matter. It only mentions road block once. But mentions checking stations several times.

Basically the law was modified and re written way to broad to be defined other wise. And let me add that the problems i am about to mention do not apply to the Wild Life guys. They raraly stop unless there is reckless behavior or they are checking during fishing seasons for proper size limit, fishing license etc. And even then they only approach with probable cause.

You need to understand how the CG works where I am at. And I am not bashing all Coasties. I know some really super Coasties. And I highly respect the search and rescue guys and gals.

We have a major CG base here. Pimarely Air search and rescue. And a small Boat detachment with a few units. The Boaties run out to the center of the river right where the majority of trafic travels to congigate at what we call the swimming hole.

One has to pass right throught their vacinity to get there no matter from what direction. Then the stopping begins. After that they will hover out from the swimming hole where the majority of boats are anchored then enter with blue lights flashing and start their safety check. Back out hover then come back in again and again etc. After the second or third time everyone is stressed out, pissed off and simply starts leaving.

Here's their mind set and I personally wittnessed this. They stopped a jet ski. When checking the fire extinguisher. It was noted that the needle was slightely in the red. Instead of providing a warning they discharged the extinguisher?????????????????????

I have no problem being accomidating to them if they approach in a civil and respectful manner. But these Kids (because thats all they are) with guns strapped to their sides. Approach with definate negative attitude that breeds attitude.

I remember the days long ago when the CG would be at public ramps and perform a courtesy safety check. It was purely voluntarly and if you passed you received a bright orange sticker to display. If not you received a check list of items that were needed or failed but you were still allowed to launch after being cautioned.

[XstreamVking]

The coasties are the same here in florida, not bad guys to deal with tho. They must have some sort of quota number of stops/checks they must do when on patrol. We have home land security boats now too, big boats with 5 optis on them. Fish and game just check for fish and then do a safety check. Theyre ok guys..Keep the fish tackle put away and they stop you lot's less. Local sheriff and po-po seem to just patrol for careless boaters. We also have undercover fed officers to look for slow speed ,manatee zone violators. They even have a speed gun to verify your speed in certain 25mph channels. Bears in the air are here too, see a violation and then call the boat unit to do a stop.... All in all we are very well protected......Wonder how much this costs the tax payer everyday?