Boating While Intoxicated in the Granite State
Interesting case, it will be well worth watching the outcome (if the defendant doesn't plead out his case).
Anyway, a few RSAs to ponder here....
First, the legal definition of a boat as it pertains to Boating While Intoxicated:
Boating While Intoxicated; Implied Consent for Boaters
Section 270:48
270:48 Definitions. – In this subdivision:
I. "Authorized agent" means any agent or inspector certified by the commissioner of safety, after training, to police the public waters of the state.
II. "Boat" means and includes every type of watercraft used or capable of being used as a means of transportation on the water.
III. "Commissioner" means the commissioner of safety, department of safety.
IV. "Peace officer" means "peace officer" as defined in RSA 594:1 or any properly trained personnel of the United States Coast Guard.
Given the above definition, the canoe clearly meets the legal definintion of boat as meant for BWI purposes.
Now, the Boating While Intoxicated RSA:
Boating While Intoxicated; Implied Consent for Boaters
Section 270:48-a
270:48-a Boating While Intoxicated; Penalties. –
I. No person shall operate or attempt to operate a boat while under the influence of intoxicating liquor or a controlled drug or any combination of intoxicating liquor and a controlled drug....
Obviously the arresting officer was able to ascertain which of the two individuals met the legal definition of operate.
And in legal parlance the term operate is generally considered to be "in direct physical control"....most likely in this case the gentleman wielding the paddle.
Given the above, there is definitely a case to be brought by the enforcing agency. Where the legal question will arise, if challenged, may be in legislative intent. Basically, the defense may argue that the intent of the legislature was to regulate mechanized vessels, not human powered (as was the case in the bicycle DWI arrest challenge).
Definitely an interesting case to study and learn from!
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