What is the maximum penalty for not having enough life jackets on a boat. The judge said it was a 2nd degree misdemenor and carried 30 days but he would waive it for 12 months probation. There is no way I should be on probation for a ticket I could have mailed in. Anyone know about this one?

11/11/2005 7:57:47 AM

2nd degree misdemenor aren't really anything. i had one for a hunting violation 2 years ago. The just waived all fines and gave me 3 weeks unsupervised probation. The DA told me basically they give you that b/c they have to give you something, and it means nothing but "keep your nose clean for X amount of time and we'll forget this ever happened"

11/11/2005 8:12:53 AM

I figured it wasn't much, I just didn't think a violation like this could ever result in any jail time for him to waive. And 12 months prohbation, it didn't help the girl in front of me pissed him off but damn 12 months for a life jacket ticket, I was gonna call my lawyer in Raleigh on Monday and see if there is any way to get this off.

11/11/2005 8:46:18 AM

that fucking sucks
how many Life jackets are you suppose to have

11/11/2005 8:52:48 AM

I admit that does sound harsh, but if the boat would have capsized, it would sucked for the person(s) w/o a life jacket.

11/11/2005 8:57:41 AM

1 for every person, like a boat. It was at one of the big raft ups at lake norman. +/- 300 boats and thousands of people. I took 2 girls from one boat over to the dock. Never took it out of idle speed and the Fun Lake Patrol pulled me.

11/11/2005 8:57:51 AM

1.) why did the lake patrol pull you?
2.) what made them decide to count your lifejackets wtf?

thats pretty stupid that not having enough lifejackets on a privatly operated boat is a misdeamoner, i mean its your own damn problem if you drown when you boat flips over and you don't have a life jacket. besides if something catostraphic did happen you wouldn't have time to go grab your life jacket anyway

11/11/2005 9:22:43 AM

They just stop people at random to check for life jackets, fire extinguisher, drunk driving, etc. You don't really have to do anything to get stopped.

11/11/2005 9:33:16 AM

yes, mine was stupid, i should have never let them on. I have a jet ski and was taking them 100 feet from the boat to the dock. The problem is that they will pull you over for anything out there just to do a safety inspection.

My problem is with the 12 month probation, is it really a 2nd degree misemenor and does it really carry jail time?

11/11/2005 10:02:17 AM

By my reading, which isn't perfect, you're being miss charged. Failure to meet PFD requirements for a personal watercraft, pursuant to statute 75A-13.3 d (1), is a class 3 misdemenor pursuant statute 75A-18 a.

The statute says, "Except as otherwise provided, any person who violates any provision of this Article or who violates any rule or regulation adopted under authority of this Chapter shall be guilty of a Class 3 misdemeanor and shall only be subject to a fine not to exceed two hundred and fifty dollars ($250.00) for each such violation. The limitation prescribed by the preceding sentence shall not apply in any case where a more severe penalty may be prescribed in any of said sections."

Relevent links:
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_75A/GS_75A-13.3.html
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_75A/GS_75A-18.html

[Edited on November 11, 2005 at 11:54 AM. Reason : spelling]

11/11/2005 11:52:58 AM

actually my charge was a 3rd degree too. They originally charged me incorrectly with a 2nd degree, a quick conversation with DA and the charge was reduced and I entered a guilty plea and got the 3 weeks probabation and no fine

11/11/2005 11:57:47 AM

i've been in jail for the past 3 years for smoking a cig in the no smoking area of disneyworld.

11/11/2005 12:34:47 PM

Quote :

"1.) why did the lake patrol pull you? 2.) what made them decide to count your lifejackets wtf?"

I get boarded at least 5-6 times a season to make sure the boat is insured, all the paperwork is correct, there is current fishing liscense, and all saftey equipment is up to date. Part of the Saftey check done by the USCG, DNR Police, NCMF Police all check safety equipment. Its costs an assload of money to come rescue your ass and/or search for days to locate your body when a simple life jacket could have prevented this. And to say that you wouldn't have much time to put on a life jacket, that is incorrect. Unless there is some severe head on collision of boats, with most boats having positive floation if they are going to sink you will have enough time to bail out.

11/11/2005 12:36:51 PM

one time i accidentally threw an aluminum can in the trash and had to spend 12 years in a federal facility

11/11/2005 12:38:03 PM

^ you got off easy. i missed the trash can at that same disney park and ended up in the secret prisons that they just discovered/

11/11/2005 2:29:37 PM