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two strokes is enough
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Discussion Starter · #1 ·
i have a questions need to know the exact law and in a form in which i can print it up since i have a courtdate tomorrow

section on the ticket says 5-341A operating in a carlell manner but its marked as a pitty offense??

it says i am showing up for a criminal charge court date WTF
 

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Don't Taze Me, Bro!
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Here's the statute:

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.
Loosely defined, 5-341.A "Careless, Reckless or Negligent manner" means any watercraft operation that has the potential to cause damage to property or injuries to persons.

It's a Class 2 Misdemeanor. The officer probably checked the wrong box.

"Petty Offense" and "Misdemeanor" are both classified as "Criminal" Offenses. The only real difference is that there is no jail time imposed for a "Petty Offense" (fine only), while a Misdemeanor can result in up to 1 year in jail.
 

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two strokes is enough
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Discussion Starter · #5 ·
Thank you very much he told me that he was going to check the petty offense box since i got pulled over for my jetovator in my outboard. yeah i know doesnt make sense
 

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Az Desert Dweller
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I can tell you this, proving a "careless & reckless" case is pretty tough, in aviation law its very tough to prove, there is a Code of Federal Regulation for this, look at 91.13.

A lawyer has to prove certian "things" happened to be "careless" or "wreckless".

p.s. when "shall" is used, there are no ifs ands or butts.
 

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Don't Taze Me, Bro!
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I can tell you this, proving a "careless & reckless" case is pretty tough, in aviation law its very tough to prove, there is a Code of Federal Regulation for this, look at 91.13.

A lawyer has to prove certian "things" happened to be "careless" or "wreckless".

p.s. when "shall" is used, there are no ifs ands or butts.
Although it's not "easy" to prove in watercraft cases, it's far from "tough". All we need to do is cite previous instances of similar operation that have resulted in collisions, injuries or death.

Unfortunately, I've got a file cabinet full of such cases.
 

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Thank you very much he told me that he was going to check the petty offense box since i got pulled over for my jetovator in my outboard. yeah i know doesnt make sense
Exact same thing happened to a guy I worked with last month. He got 6 years in state. Good luck.
 

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hey dp so now we know why you sold your boat, got to pay the lawyer to keep you from doing 5 to 10 in the big house for reckless discharge of an unlicensed jetavator while cruzing by the martinez home boys :)devil:)devil
 

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two strokes is enough
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Discussion Starter · #11 ·
hey dp so now we know why you sold your boat, got to pay the lawyer to keep you from doing 5 to 10 in the big house for reckless discharge of an unlicensed jetavator while cruzing by the martinez home boys :)devil:)devil
nah i had to sell the thing to finish my house this whole getting older and having responsibilities is BS not liking itmuch right this minute.

and you know how they say the best day of your life is the day you buy your boat and an even better day is the day you sell it also BS im focking sad man miss that thing and i didnt even get to take it out for one last hooraw but with my luck something expensive would have broke hah
 

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I'm baaaaack...
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Thank you very much he told me that he was going to check the petty offense box since i got pulled over for my jetovator in my outboard. yeah i know doesnt make sense
Maybe that will help. Take pics of your boat, and show pics of what a jetovator looks like. Point out that O/Bs don't have jets....

Be sure you wear your fishnets and bustier so he knows you are an outboard kind of guy (LOL, couldn't help myself).

Seriously, if you can show that what he said he pulled you over for can't be true, that there was a rooster tail because you were trying to get on plane, yada yada, you might be able to fight it.
 

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dp how was court i know your not in the big house i see that green dot by your name
Here's what he posted yesterday:

well im out i have to either pay 984.00 spend 30 days in jail meet with a county prosecutor and hope he can grasp the concept that the officer was wrong (to be nice) or show up before a court on november 6th and plead not guilty
 

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I'm baaaaack...
Joined
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4,365 Posts
Thank you very much he told me that he was going to check the petty offense box since i got pulled over for my jetovator in my outboard. yeah i know doesnt make sense
Maybe that will help. Take pics of your boat, and show pics of what a jetovator looks like. Point out that O/Bs don't have jets....

Be sure you wear your fishnets and bustier so he knows you are an outboard kind of guy (LOL, couldn't help myself).

Seriously, if you can show that what he said he pulled you over for can't be true, that there was a rooster tail because you were trying to get on plane, yada yada, you might be able to fight it.
 
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