Result of drink driving

[PinHead]

http://www.news.com.au/story/0,23599,21012610-2,00.html

The court appearance for the skipper amazed me...that a magistrate does not have the power to suspend a power boat license at this stage.

The vitim must have fallen off the bow of the boat and gone underneath ...only way I can think of to hit the props.

[sid_fishes]

i was always under the impression that when they combined your car and boat licence together, that drink driving[ whether it be a car or boat]had the same outcome[loss of licence].and to top it off he kills someone go figure ...... sid

[Chimo]

Hi PinHead

I don't think that was the case (off the bow). The story as I think it was reported was that the lady lost balance and went off the duckboard but as she fell someone grabbed her as she fell to recover her from the fall.

So I am surmising that this action, ie pulling her as she was going in, while the boat was supposed to have doing approx 4 Kn, would have been enough to cause her to go either straight down or even forward instead of being behind the props and quickly left but in clear water.

I guess the Coroner will find in due course and we may or may not get the details. I'm guessing tho it will be misadventure in the end.

DUI is never acceptable and as well as whatever happens with the boat licence, the skipper has to live with the results of his lack of seamanship and irresponsible behaviour in not ensuring all his guests were in a suitable location while the vessel was in operation. Duck board is obviously not and never will be.

Cheers
Chimo
PS Not sure about the weekend yet either

[PinHead]

chimo..must have been a freak accident to hit the props...I would rate it almost impossible in mine.

[Grand_Marlin]

Thanks for the update Pinhead.

So far he has just been charged with DUI whilst operating a boat.

It appears the suspension o fboat licenses is outside the courts Jurisdiction (strange)

I would be confident that MSQ will revoke his license now he has been convicted of DUI in court.
Until he is convicted, they couldnt revoke it.

Then somwhere down the track there will be a court hearing re: her death.
Then the court will point the finger at who they think is responsible for the death, and hand out penalties to suit. (if any)

I personally think he is going to cop it over this one ... whether he was actually at fault of not, the fact that he was DUI means that the boat shouldnt have been on the water in the first place and in light of that, the accident couldnt have happened.

If he wasnt DUI, then that may be a whole different story in the eyes of the court, as tragic accidents do sometimes happen.

As we dont know the complete story, it is hard to, and not right of us to make judgement on this bloke.

He obviously never intended for this to happen.

Cheers

Pete

[Grand_Marlin]

Also, a 10m Mustang would have sterndrives, not shafts, so the props would be more prominent at the back of the boat.

Still, hitting the props (especially with your head) seems near on impossible - but obviously it did happen.

The Duckboard on these Mustangs is designed as part of the working / walkabout area of the boat, and it really invites people to go out on the back of the boat at any time.
It isnt the same as a flybridge Riviera where there is a solid transom and a duckboard on the back, where you have to make some effort to get out onto it.

They usually have rails around the duckboard which incorporate a bbq / cutting board arrangement, which really makes it part of the cockpit.

Cheers

Pete

[Black_Jack]

maybe a silly idea but was the boat in reverse??

apparently for DD you don't lose all your license only what you were in control of at the time. IE you either lose your boat license or car license. i alway thought it with all licenses if you went for DD

Geoff

[PinHead]

I know the setups Pete...it is a long way back under to hit the props of you fall off the marlin board.
I don't let anyone on the board on mine when underway..keep the rear door shut but at 4 knots is a bit different..still difficult to hit the props if you do go over especially if the boat is moving forward.

Coroners inquest, if they have one, might show how. I am interested as to what they will find.

[stevedemon]

Hi all
well i was always under the impression that if you get caught driving a motor vehcile you lose your car lic but if you are caught on the water you lost both

maybe a new law needs to be made where if caught on either road or water for D.U.I you need to lose both may make some differents but they need to look at the accidents that are happening on both sides.

after all the police can book you on the water for speeding or careless boating an with the new law in place on the roads if caught D.U.I instant lost >of lic then why the hell should it not happen on the water as well > >

Cheers
Steve

[cliffo]

Hi All

I Work with Russell and can say that you won't meet a nicer guy.
What happened to his girlfriend is absolutely tragic. and I know that they spent
A LOT of time on that boat.
I also agree with others that, at very least, his licence should be suspended
if not cancelled. I was also of the understanding that your car and boat licence
were classed as one when it came to drunk driving.
Although Russell was considerably over the limit, the accident was not his fault,
it's not like he was hooning around flat out and threw her off.
But at the end of the day he is ultimately responsible because he shouldn't
have even put the key in the ignition

Cliffo

[holy_mackarel]

Drink driving is a criminal offence! therefore this person is a criminal! No different to people in jail, where he should be! The How, When & Why she died should not even come into the equation when the person responsible was breaking the law.

[disorderly]

Bat,
My take on jail is that you may not be a real bad dude when you go in you sure as hell will be when you get out.
So to send this guy away couldnt possibly be in the best interests of our society.
Having to live with the loss of his girlfriend would be a pretty tough punishment anyway.
Very sad story.

cheers Scott

[PinHead]

Drink driving is a criminal offence! therefore this person is a criminal! No different to people in jail, where he should be! The How, When & Why she died should not even come into the equation when the person responsible was breaking the law. #

That is a big call Bat...how do you know he was responsible? he may have been DUI but that does not make him responsible for her death at this stage...that will be for a coroner to decide what happened.

[holy_mackarel]

Sorry disorderly i forgot in this day & age he's the "VICTIM" .

[gutzy]

1st of all sorry for her loss and Im sure everybodys thoughts are with both families.
IMO he was still drink driving so he should be penalized the same as if he was driving a car.
If I was drunk , going 10km an hour down the street at 2am with nobody around and was caught , the police would still have my head. Just my thought