Florida Boaters Caught on Video Dumping Trash Directly Into the Ocean

[Newby]

Originally Posted by JRD77VET

While in inland waters, it's against the law. Once you get to international waters, it's legal.

Either way, it's still a shitty thing to do.

Depends on the items, some are illegal everywhere, and I believe plastics are one of them.

[Big bob]

Originally Posted by Yadkin

FIFY. Have another drink.

Is that how your father came up with the great idea of putting 7 people and a dog in a 14 foot row boat?

[DJ_Critterus]

Originally Posted by Budman

The boat doesn't appear to have registration numbers so it is most likely documented. Fortunately the name and port-of-call is clearly visible in the video, I'm sure the Coasties have already been in touch with the owner.

Arrests are imminent. Check this out
https://www.foxnews.com/us/boca-bash...ig-deal-report

[Newby]

Originally Posted by vettemed

The Captain is Charlie Ruth. His parents are Chris and Lisa Ruth of Gulf Stream Florida. They own Firstlight Care Home Franchises, they are from New York! The trash dumper is Michael Kirby a Junior at Boca Raton H.S.

The cops had the dumpers identified the very next day, just trying to decide which route to take with them.

Boca Bash is nothing more than a gigantic drunk.
These kids, since they were all underage, decided to dump the evidence rather than get arrested for BUI and the boat confiscated by FWC.

[Bill]

The above post actually makes sense. I blame a lot of the litter on Texas' roadways on the open container laws. If you're going to make it a crime to have empty beer cans rolling around on the floorboard of the truck, WTF do you expect people to do? Think about it. A driver can be stone cold sober, but still face criminal charges for being caught with an empty beer can or two, even if they're from last week.

I'm old enough to remember when people just tossed their empties into the bed of the truck, and cleaned all that out when washing the truck every so often. But now, that's a problem, whether a driver is stone cold sober, or just drank one beer from a convenience store on the way home, which is pretty much a Texas tradition.

Law of unintended consequences. The kids on the boat faced a Hobson's Choice.

[DDSLT5]

Hobson? Sophie? Who?

[Bill]

Originally Posted by DDSLT5

Hobson? Sophie? Who?

OK, in this case, since they got caught dumping, maybe it was more of a dilemma v. Hobson's Choice. Had they been a little less conspicuous, they would have had no problems.

[Bill]

Originally Posted by Red Baron

Even with the aid of online Dictionaries, Thesauruses, Spellcheck, and Alexa the youth of America (in too many cases) continue exchanging cringe-worthy curse-filled dialogues reflective of an undisciplined and simple-minded brain. Also, please throw the word, "Like" off the White Cliffs Of Dover into the sea-never to be heard again by you or me.

Like, that's just yur opinion, man.

[dvarapala]

Originally Posted by Bill

I blame a lot of the litter on Texas' roadways on the open container laws. If you're going to make it a crime to have empty beer cans rolling around on the floorboard of the truck, WTF do you expect people to do?

"Not drink and drive" tops my (short) list.

[DJ_Critterus]

Originally Posted by dvarapala

"Not drink and drive" tops my (short) list.

BUI....dont **** around. FL can and will seize your boat, too

[Aerovette]

Originally Posted by Red Baron

Even with the aid of online Dictionaries, Thesauruses, Spellcheck, and Alexa the youth of America (in too many cases) continue exchanging cringe-worthy curse-filled dialogues reflective of an undisciplined and simple-minded brain. Also, please throw the word, "Like" off the White Cliffs Of Dover into the sea-never to be heard again by you or me.

They "through" trash in the water.

[zeek]

Glad they caught these privileged assholes.... Hope they throw the book at them.

[Yadkin]

Originally Posted by Big bob

Is that how your father came up with the great idea of putting 7 people and a dog in a 14 foot row boat?

No he wasn't a drunken slob who attacks a guy's family members like you. That boat never took on water, or hit a tree at speed and killed anyone.

[Big bob]

Originally Posted by Yadkin

No he wasn't a drunken slob who attacks a guy's family members like you. That boat never took on water, or hit a tree at speed and killed anyone.

Irony

So why did he put 7 people and a dog in a 14 foot row boat?

[Bill]

Originally Posted by DJ_Critterus

BUI....dont **** around. FL can and will seize your boat, too

8th Amendment violation, but who's counting?

[jw38]

Originally Posted by Bill

The above post actually makes sense. I blame a lot of the litter on Texas' roadways on the open container laws. If you're going to make it a crime to have empty beer cans rolling around on the floorboard of the truck, WTF do you expect people to do? Think about it. A driver can be stone cold sober, but still face criminal charges for being caught with an empty beer can or two, even if they're from last week.

I'm old enough to remember when people just tossed their empties into the bed of the truck, and cleaned all that out when washing the truck every so often. But now, that's a problem, whether a driver is stone cold sober, or just drank one beer from a convenience store on the way home, which is pretty much a Texas tradition.

Law of unintended consequences. The kids on the boat faced a Hobson's Choice.

How about this...don't drink and drive and don't carry empty or open containers in your car? It's not the law of unintended consequences. It's a law for ****ing idiots who don't care about drinking and driving, and who don't care about littering. It absolutely is not a Hobson's choice because both are wrong and illegal.

Originally Posted by DJ_Critterus

BUI....dont **** around. FL can and will seize your boat, too

Originally Posted by Bill

8th Amendment violation, but who's counting?

Nope, not even close to an 8th Amendment violation. Seizing the boat is the same as seizing a firearm that was used in the commission of a crime. It is a tool of the crime that was used in an illegal manner. The value of the tool doesn't matter. Lots of legal precedence.

[VatorMan]

Throw the ****ing parents in jail with the privileged asshole.

[Bill]

Originally Posted by jw38

How about this...don't drink and drive and don't carry empty or open containers in your car? It's not the law of unintended consequences. It's a law for ****ing idiots who don't care about drinking and driving, and who don't care about littering. It absolutely is not a Hobson's choice because both are wrong and illegal.

Nope, not even close to an 8th Amendment violation. Seizing the boat is the same as seizing a firearm that was used in the commission of a crime. It is a tool of the crime that was used in an illegal manner. The value of the tool doesn't matter. Lots of legal precedence.

You're conflating passengers drinking with drunk driving. You're also conflating a sober driver who had one beer with a drunk driver. This is no different than your child getting suspended from school because when the school bully attacked your kid, your kid defended himself. Zero tolerance.

As far as seizing the boats, a quick check of FL law:

https://legalbeagle.com/13728993-boa...sequences.html



indicates the boat can be impounded in certain circumstances from between 10 and 90 days. I don't see where BUI carries any full on forfeiture punishment.

I get that boats used by smugglers ferrying drugs or illegals might have their boats seized, but that's a whole different thing.

This section is specific to Florida law:

Zero Tolerance Laws

In Florida, drivers and boaters under the age of 21 are subject to the zero tolerance law. This law makes it illegal for these young people to drink alcohol and operate a motor vehicle or a vessel. There is a special BAL limit of 0.02 percent that applies to boat operators under the age of 21. If a chemical test reveals a BAL over this limit, there is a presumption that the person violated the zero tolerance law.

Violation of the zero tolerance law is a civil offense in Florida, not a criminal one. The penalty for a young driver who violates the zero tolerance law is an administrative suspension of their license. Boat operators do not need licenses in Florida, so license suspension is not possible. Instead, boat operators found to violate the zero tolerance law are ordered to participate in a public service project for 50 hours during which time the person cannot operate any vessel. In addition, the person must complete an approved boating safety course.

Note that a person under the age of 21 can be prosecuted for a regular BUI if their BAL is over the legal limit of 0.08 percent. Likewise, they can be prosecuted for aggravated BUI if there is a minor in the boat or their BAL is 0.15 percent or greater.
Implied Consent Laws

If a person takes a chemical test that determines that their BAL is over the legal limit, they are presumed under the law to have operated the vessel while intoxicated. This per se BUI is much easier to prove than a regular BUI, so why would anyone agree to a chemical test?

In Florida, every person who decides to operate a boat in Florida is deemed to give their consent to taking a chemical test to determine their blood alcohol level if they are arrested for a BUI offense. The main types of chemical tests used in Florida are breath tests, blood tests and urine tests. Blood tests are considered the most accurate method of determining BAL, and urine tests the least accurate. But the most common type of chemical test for BAL in Florida is the breathalyzer – the machine that a person blows into to determine their BAL.

A person refusing to take a chemical test is guilty of an offense called refusal. A first offense refusal in Florida results in a fine of $500. A second or subsequent refusal is charged as a separate misdemeanor. Any refusal can be raised at the criminal BUI trial to suggest consciousness of guilt.

​Read More:​ Can You Get a CDL With a DUI in Florida?
Operating a Vessel

If a police officer stops a driver for a DUI, the issue of who is driving the vehicle is rarely in question. The driver – the person behind the wheel – is the person operating the car or truck. Everyone else is considered to be a passenger and cannot be arrested for a DUI. It can be more difficult to ascertain whether someone is operating a vessel, however.

The statutes define vessel for the purpose of the BUI laws as being synonymous with boat. This includes every type of "watercraft, barge and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water." That means fishing boats, kayaks, sailboats and commercial boats are all included. Sometimes more than one person share the task of operating the boat, working together or taking turns.

The term "operating a boat" is defined to include many different ways of engaging in controlling a boat. Under Florida's Vessel Code 327.02(27), the word operate means:

Being in charge of, or in command of, or in actual physical control of, a vessel upon Florida waters.
Exercising control over or having responsibility for a vessel’s navigation or safety while the vessel is underway upon Florida waters.
Controlling or steering a vessel being towed by another vessel upon Florida waters.

So, if two people share the task of controlling a boat, both may be considered operating it for BUI purposes. In addition, if someone is supposed to be in charge, but steps away from the helm, they can still be considered to be operating the boat.

As is the case with DUI offenses, the penalties for a Florida BUI vary, depending on a number of factors. Each of these factors will usually increase the potential punishment for the offense.

Aggravating factors include prior BUI convictions or prior DUI convictions. Both count as prior convictions for each other. It is also an aggravating condition if the operator's BAL was 0.15 percent or greater, or if a passenger on the boat was under the age of 18. When the BUI caused or contributed to an accident that caused property damage, injury or death, the charges can be serious felonies with many years of jail time.

Simple, first-time BUIs are second-degree misdemeanors. The penalties for a simple BUI - without any aggravating conditions - include fines of between $500 and $1,000 and up to six months in jail and/or probation, the total time of jail and probation not to exceed one year. Probation usually includes a mandatory 50 hours of community service and impoundment or immobilization of the vessel for 10 days. Substance abuse classes are usually a mandatory part of every BUI sentence.

Simple second convictions are also second-degree misdemeanors. The punishment includes a fine between $1,000 and $2,000 and a maximum of nine months in jail. If the boat operator's first offense occurred less than five years before the second offense, the law imposes a minimum jail sentence of 10 days. In addition, the person's vessel will be impounded or immobilized for 30 days.

Third-offense BUIs can still be misdemeanors if the prior offenses occurred more than 10 years before the third offense. In that case, the offense can be punished by up to a year in jail and between $2,000 and $5,000 in fines. In addition, the vessel at issue is impounded for 90 days. But if third-offense BUIs occur within 10 years of the prior BUI, the crime is a third-degree felony, not a misdemeanor. Punishment can include at least 30 days and up to five years in prison and $5,000 in fines.
Punishment for Aggravated BUIs

The BUI charges against someone are more severe if one of the aggravating circumstances is present. A first-offense BUI where the operator had a BAL of 0.15 percent or higher carries a punishment of up to nine months in jail and fines of at least $1,000 and no more than $2,000. These potential punishments also apply if the vessel has a minor passenger aboard.

A second-offense BUI involving either a BAL of 0.15 percent or a minor as a passenger can be punished by fines of between $2,000 and $4,000 and up to 12 months in jail. A third-offense BUI with either of those aggravating circumstances will face a minimum fine of $4,000.

A first-offense BUI that causes property damage or minor injuries to another person is a first-degree misdemeanor, which carries a jail sentence of up to one year with potential fines of up to $1,000.


When a BUI operator causes serious injuries to another person, it is a third-degree felony. The boat operator can receive up to five years in prison with fines capped at $5,000. If the accident causes the other person to die, it is a first- or second-degree felony and can carry a prison sentence of up to 30 years and $10,000 maximum in fines.

But back to those cans on the side of Texas highways....passengers and sober drivers are going to choose to toss the only evidence of a crime out the window, rather than take a chance of getting stopped and having that evidence found. Yes, it would be better if people who want to drink would simply drink at home, or at a bar, then be passengers in a vehicle, or drive a vehicle, assuming they stopped at one or two drinks while AT the bar, rather than stop at a convenience store and grab a tall boy to drive home.

I agree with that, because there would be no crime, no open containers in the vehicle. No open container, no benefit to littering. We agree.

We probably just disagree about the pros/cons of zero tolerance.

[Millenium Vette]

Originally Posted by Bill

As far as seizing the boats, a quick check of FL law:

https://legalbeagle.com/13728993-boa...sequences.html



indicates the boat can be impounded in certain circumstances from between 10 and 90 days. I don't see where BUI carries any full on forfeiture punishment.

I get that boats used by smugglers ferrying drugs or illegals might have their boats seized, but that's a whole different thing.

It was the feds who were seizing boats and anything else in the "war on drugs" back in the 80's.

As with most things new and federal, it sounded good but in reality was awful and abused by those with the power. There were tales of boats being impounded for a "trace of drugs" found anywhere on board, including areas not accessible since the boat left the factory. Yes, the fed leo's would take sawzalls to boats and cut them apart looking for drugs. I'm not talking smugglers coming in from offshore, but family boats out for a cruise on a Sunday afternoon.

Oh, it wasn't only limited to drugs, I know of one boat impounded because the hull ID number had been filled in and painted over during restoration. It was ONLY because the ID number had been painted over, the boat was documented and it's entire ownership history was recorded by the federal documentation center in D.C.

We can thank Daddy Bush for those draconian laws since he was the one put in charge of the war on drugs back in the Reagan era.

I remember being on the family boat in Grand Haven MI back in the late 80's and watching the USCG pull over boats out for an afternoon ride supposedly for a "safety check" and detaining them for literally hours inspecting the boat. Our boat rarely left the slip during those summers and if it did, I would not be along for the ride. No way I wanted to be detained for no reason by those pricks.

[Yadkin]

Originally Posted by Big bob

Irony

So why did he put 7 people and a dog in a 14 foot row boat?

He wasn't a drunken slob who attacks a guy's family members like you. That boat never took on water, or hit a tree at speed and killed anyone.