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I guess I can see the point of the arrest: an intoxicated person incapable of controlling his raft can, I suppose, cause navigation problems for other crafts. I also recognize that if he tumbled out the State would have to expend resources to pull his drunken butt out.
However, it does seem to be that if one can't float, drunk, on a river in Fairbanks, Alaska, then there is no hope for any of us. The Mississippi River I can understand, but Fairbanks?
There was no motor to operate on the raft. All the guy did was sip on some suds while he floated in the river. One of the commenters of the article brought up a good point which is what's next? Are Troopers going to start writing DUI's for floating on a raft in your swimming pool lol. But serious. I think this is over the top.
Don't worry about it; he should be able to beat the charge in court (unless it turns out that the raft was equipped with a steering wheel...or an injured moose shows up to testify against him).
A good attorney should be able to get this dropped down to a drunk in public charge - and strike a plea deal that leaves the guy with a few years probation and some alcohol classes/AA meetings. .313? Nothing wrong with enjoying a few brews - but this guy got loaded!
I agree that the DUI charge was uncalled for - and if it went to a jury trial I would nullify as a juror - but he needs an attorney and any competent one should get the charge downgraded at the very least.
There was no motor to operate on the raft. All the guy did was sip on some suds while he floated in the river. One of the commenters of the article brought up a good point which is what's next? Are Troopers going to start writing DUI's for floating on a raft in your swimming pool lol. But serious. I think this is over the top.
Don't worry about it; he should be able to beat the charge in court (unless it turns out that the raft was equipped with a steering wheel...or an injured moose shows up to testify against him).
Quote:
Quote:
Under Alaska’s DUI law, operating a water craft means to “navigate a vessel used or capable of being used as a means of transportation on water for recreational or commercial purposes on all waters, fresh or salt, inland or coastal, inside the territorial limits or under the jurisdiction of the state."
Steering wheel has nothing to do with it. He broke the law.
Read the law. He broke it. And at 4 times the legal limit. Dumb rule? Yes to include a non motorized watercraft but the law nonetheless.
I could cite alot of former laws that I am sure you would agree were bad ones - which is why they are no longer in effect. I won't do so - because some of the issues involved pale in comparison to a man drinking beer while floating down the Chena River(you probally already guessed what I am alluding to).
When bad law is written and enforced - it is up to the people to exercize their right as jurors to try both the facts and the law. Fully Informed Jury Association
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