Rusty Law

BWI - Boating While Intoxicated

You cannot claim international immunity on the high seas if you are only high in the St. Johns River.  Boating while intoxicated violates the no wake zone of justice.  Walking a straight line on a boat is difficult, but you may be walking the plank if you are charged with BWI.  

Eye tests and breathalyzers do not require dry land for a field sobriety test, neither does the ability to recite the alphabet backwards.  Failure on those drills could land you with a BWI arrest on probable cause.  The best way to avoid such an arrest is not to be intoxicated while boating and follow the rules of the water; however, there may be another factor to consider to prevent drawing attention of the authorities.  

You may not have consumed any alcohol, but if you have been out in the sun, boating all day without sufficient replenishment of fluids, dehydration could make you exhibit unstable symptoms, enough to make an officer suspicious.  

As with any situation, use good judgment.  If you have been arrested for BWI, find out what your options are.  You may have a defensible case.  

Violation of Probation - Just Say NO!

The difference between VIP and VOP is more than the letter of the law.  One might get you on the red carpet, and the other will get you straight to lock-up.  Violation of Probation does make you a Very Important Person for the police, maybe even in a sting operation.  You’ll get a backstage pass to the jailhouse, have an opportunity to sign autographs, and there’ll be plenty of bars, but the wardrobe is a little sub-flattering.       

The difference of being on probation and being on payroll is more than spelling also, though they’re not mutually exclusive.  A person on probation can hold a job and be paid, be on payroll, even if that person is sporting an attractive anklet courtesy of the Department of Corrections.  

There are two types of violation of probation:  criminal and technical.  A criminal violation is conviction of a new crime while on probation.  A technical violation is behavior against the condition of probation, though the behavior may not necessarily be illegal, for instance entering a bar if the condition of probation to avoid businesses selling alcohol. 

The Supreme Court may be on summer break, but that does not mean your probation officer isn’t paying attention.  On probation, you have to watch your P’s and Q’s, and all the other letters too!  

Firearms for Felons

There’s an eight year waiting period for a felon to own, posses, or use a firearm, even with the restoration of civil rights.  During that period, a convicted felon should be cautious about being in the presence of a firearm to avoid issues of constructive possession.  

Antique firearms are an exception to this rule.  Their definition is limited to weapons with slower firing mechanisms, such as a flintlock or matchlock, and ammunition that’s not readily available.  

Bow hunting is an acceptable option, following all applicable rules and restrictions, licensing, and permitting; but attending a hunting excursion with a rifle mounted in the pick-up truck may be constructive possession.  If you don’t know, don’t go.  

If you are seeking more information on the clemency process, go to the Florida Parole Commission website at http://fpc.state.fl.us.