Experienced Maritime Attorneys BLOG

Boating Under the Influence in Massachusetts

January 27th, 2012

Boating under the influence of alcohol or drugs can be deadly. According to statistics compiled by the U.S. Coast Guard, alcohol or drug use was the primary factor in approximately seven percent of all recreational boating accidents in 2010, and drunk boating claimed 126 lives that year. To discourage drunk boating and minimize the injuries and deaths it causes, all 50 states and the federal government have passed laws to criminalize it. Massachusetts has one of the toughest boating under the influence (BUI) laws. Under Massachusetts law, a person is considered to be boating under the influence if his or her blood or breath alcohol concentration is .08 or above. Penalties for BUI include: Up to 30 months in prison and a $1,000 fine Revocation of your motor vehicle license and boat registration for up to one year Up to 10 years in prison and a $5,000 fine if convicted…
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The Dangers of Drunk Boating

January 26th, 2012

Last September, Winthrop resident Lloyd W. Thompson pleaded not guilty to charges of operating a boat while drunk and negligent homicide. Thompson, an experienced boater and vice commodore of the Winthrop Yacht Club, was allegedly drunk when he crashed a powerboat into a sailboat. One of his passengers, Regina Mosher, sustained a fatal brain injury and died at Brigham and Women’s Hospital in Boston. Police said Thompson had glassy eyes, smelled like alcohol and slurred his speech. According to the U.S. Coast Guard, alcohol remains the leading cause of fatal boating accidents, accounting for approximately 19 percent of recreational boating deaths in 2010. That year, drunk boating caused 330 recreational boating accidents that resulted in 126 deaths and 293 injuries. Drinking and boating can be a deadly combination. Alcohol causes: Slowed reaction time Dulled concentration Vision, balance and coordination problems A boater needs to be alert and able to see…
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Mental Distractions: Captain in COSTA CONCORDIA Accident Prioritized Favor for Crewmember Over Safety of Ship

January 25th, 2012

Boater distraction often involves a tangible object, like a cell phone. Sometimes, however, a boater’s daydreams or thoughts serve as a distraction. When a boat operator’s mind strays from safely piloting the vessel, the operator has become mentally distracted. The recent and tragic cruise ship accident in which the COSTA CONCORDIA capsized off the coast of Italy apparently involved at least some degree of mental distraction. According to media reports, Captain Francesco Schettino deviated from the ship’s authorized course to pass near Giglio for the ship’s head waiter, Antonello Tievoli, who is from the island. Tievoli apparently had to cover for a sick coworker and was unable to disembark a week prior as planned. Although reports indicate Tievoli did not request the maneuver, he did call his father to say the ship would be passing by around 9:30 and would come give a whistle to say hello. It appears the…
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