Criminal

[Snake-Shadow]

Can someone please explain to me the different levels of offences i.e. "criminal speed"...

I am afraid I am not up on the proper terminology so if more clarification is needed please let me know.

M@

 

[POINTCOVER]

:shrug:

 

[FordSVTFan]

HUH?

 

[jshen]

Mostly all the Same

Some States label traffic as being "traffic" or "misdemeanor or felony". Unless otherwise specified...the traffic charges, in fact, are misdemeanors...punishable by fines and UP to one year in jail....anything over that is felony...

 

[FordSVTFan]

Oh is that what he meant?? :shrug:

 

[mswaim]

I'm afraid I can't help beyond searching the net for you. No such animal here in California. There are many violations of the CVC that are classified as misd. and only a few that reach the threshold of felony, but none are referred to by that phrase.

 

[Snake-Shadow]

I apologize for not getting back sooner to clarify my question. This was not a traffic citation. I received a ticket for bow riding issued by a sheriff. What was startling about it was the officer threatens at first to take me to jail. After we had a polite discussion about the incident I received a ticket and inspection of my boat. It was my mistake, I assumed to have a bow riding violation you needed a covered bow instead of just sitting up to high in an open bow boat. Never the less I will be appearing for boat safety school along with my father-in-law (whose boat I was using as a favor for him.)

My purpose for posting was to try and ascertain why the Officer was threatening me with going to jail. Was he trying to see how I would react (whether or not I was drunk) or did my crime precipitate that kind of action. By no means am I trying to flame the officer He is a very nice individual.

M@

 

[Uncle Meat]

What the hell? You mean it's illegal to ride in the bow of a boat? Heck my old mans boat had seats up there!? WTF?

U.M.

 

[Snake-Shadow]

What the hell? You mean it's illegal to ride in the bow of a boat? Heck my old mans boat had seats up there!? WTF?

No. It is legal to ride in the bow of the boat equipted with seats. It is illegal to stand or ride with extrimities over the edge of the bow or on the top of a covered bow at greater than wake speeds. As in my case people were riding on the backs of the seat. The boat in question has a high rail on the bow so it is not as dangerous as it sounds however, the law defines that the ocupants must be properly seated wich was not the case for my occupants.

 

[mswaim]

I'm afraid your question concerning the officer threatening you is not answerable, since none of us were there.

It would only be speculation on my part, and I'd rather not do that.

Perhaps he was explaining (a bit poorly it seems) that the incident was an arrestable offense? I just don't know, and don't want to appear supportive of his actions without more info.

"Selling" tickets is an art form not all officers possess. It takes time and lots of contacts before an officer develops his "style" and in that process there is a learning curve.

 

[Snake-Shadow]

Perhaps he was explaining (a bit poorly it seems) that the incident was an arrestable offense?

This is what I think he was trying to do. How do I determine if the incident was an arrestable offense?

 

[FordSVTFan]

That would be in the statute!! But remember one offense can lead to other offenses after the initial stop. And any one of the numerous other offenses can be "arrestable".

 

[Snake-Shadow]

That would be in the statute!! But remember one offense can lead to other offenses after the initial stop. And any one of the numerous other offenses can be "arrestable".

Point taken...

Thank you all for your responses. It has been a long time since I have recieved a ticket and the officer seemed really steamed at me before we even made contact and the statute I was cited for has changed in serverity since the time from when I was an active boater. All in all it seems to be working out alright, a little boating safety school never hurt nobody.

 

[mswaim]

I did some checking, here's what I was able to find. This is taken from the Title 5 section, Operation of a Watercraft. At the bottom, subsection (G) indicates the sections you wewre cited for are class 2 misdemeanors. I don't know about Arizona, but in California you can be arrested for violating any statute classified as a misdemeanor. I hope this helps.


5-341. Negligent operation of watercraft or water skis; restriction in operation of watercraft; violation; classification

A. No person shall operate a watercraft in a careless, reckless or negligent manner.

B. A person shall not operate a watercraft while allowing a person to ride on the gunwales, the transom or the decked over bow of a watercraft propelled by machinery operating in excess of wakeless speed except if:

1. That portion of the watercraft was designed and constructed for the purpose of carrying passengers at all speeds.

2. The watercraft is being maneuvered for anchoring, mooring or casting off moorings.

C. No watercraft shall be operated with a passenger or passengers on the bow in such a manner as to obstruct the view of the operator.

D. No person on water skis, a surfboard or a similar contrivance shall behave in a careless, reckless or negligent manner.

E. Except in case of emergency no person under the age of twelve years may operate a watercraft propelled by a motor of greater than eight horsepower unless the person's parent or legal guardian or at least one person who is eighteen years of age or older is present on the watercraft.

F. Except as provided in subsection E, it is unlawful for any person to allow another person under the age of twelve to operate a motor-powered watercraft.

G. A person violating subsection A, B, C or D is guilty of a class 2 misdemeanor.

 

[Snake-Shadow]

Very good info and Thank you for taking the time to look it up for me.