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72' Hatteras "Time Out" beached off Palm Beach

Discussion in 'Hatteras Yacht' started by YachtForums, Sep 7, 2016.

  1. RT46

    RT46 Senior Member

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    lucky there is no loss of life or serious injury.

    if the story is true and accurate, this is extremely negligent and reckless conduct

    very poor judgement to consume alcohol and operate vessel, super poor judgement to operate a 72 ft vessel under the influence.

    why not stay tied to the dock or on hook and party?

    Is it remotely possible that the booze was consumed after the grounding?

    Is it possible that the operator fell asleep on watch and stuck the boat in the sand with the autopilot on, then started boozing after???
    However, the article seems to
  2. olderboater

    olderboater Senior Member

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    Twice?

    No, it's not remotely possible.
  3. RT46

    RT46 Senior Member

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    Agree, it appears from the article, that the incident is likely the result of extremely negligent and reckless conduct connected to alcohol consumption.
    If accurate, this is a bad incident.

    Just trying to keep an open mind, the papers are not always accurate.
  4. olderboater

    olderboater Senior Member

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    Yes, but considering it's the second arrest in the last 30 days for the same offense, I think that door can be closed.
  5. Captain Zemo

    Captain Zemo Senior Member

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    @olderboater = +1
  6. Pascal

    Pascal Senior Member

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    A new article today mentions he was coming back from west end with his girlfriend. Lost the stbd engine along the way and was coming in on one engine

    Article says he was recently cited for BUI after cops in port canaveral noticed he was driving the hatt erratically and also has a recent DUI with accident... Article also mentions he's a former jet Blue pilot...
  7. olderboater

    olderboater Senior Member

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    Until we get serious about DUI and BUI this will continue. I think there should be serious ramifications the first time, including impounding the vehicle for 30 days, 3 days in jail, loss of license for a year and not allowed to drive car or operate boat during that time. Second time should require at least 30 days in jail, loss of vehicle and minimum of five years suspension of license.

    However, in his case after blowing .16 when driving the car, he was allowed to plea down to reckless driving and even that had adjudication withheld. He blew .26 in Canaveral and .15 in this latest incident four hours after the accident. Because of no injuries he was charge only with a misdemeanor.
  8. RT46

    RT46 Senior Member

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    "However, in his case after blowing .16 when driving the car, he was allowed to plea down to reckless driving and even that had adjudication withheld. He blew .26 in Canaveral and .15 in this latest incident"

    two or three separate incidents?

    I withdraw being this guys Johnny Cochran effective immediately.

    "if it fits, your it"

    luckily nobody was seriously injured or killed

    I hope the judge makes a condition of bail that this guy not operate anything with an engine, bicycle pedal, or sail

    There should be zero tolerance and strict enforcement
  9. olderboater

    olderboater Senior Member

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    This is far more interesting than one knew based on suggestions from another forum, Google "Tom Baker Pilot" and "Tom Baker Ferrari" for some interesting history. Now wonder who owned the boat.
  10. RER

    RER Senior Member

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    .
    Pathological. Obviously ...wow.

    LLC title. Baker's name shows up on LLC search.
  11. Capt J

    Capt J Senior Member

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    WOW, this guy seems like he can even con judges. He got 8 months time for stealing a FERRARI F50 (which is a cult car with only 350 producted. The judge allows his to serve his 8 months in jail on weekends only so he can travel to Orlando for business during the week???? He also stole 2 other Ferrari's???
  12. chesapeake46

    chesapeake46 Senior Member

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    And I get a pulled over for having a headlight out ?
  13. RT46

    RT46 Senior Member

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    lock him up!
  14. leeky

    leeky Senior Member

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    No matter how serious "we" get, it will still continue. Once a person gets to the point where DUI/BUI comes into play, his/her judgement is impaired. It's not realistic to think that he/she will be thinking of any consequences, legal or otherwise.
  15. bobhorn

    bobhorn Member

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    The guy wanted to take his girlfriend for a walk on the beach so he ran the boat up on the beach. So what's the problem?
  16. chesapeake46

    chesapeake46 Senior Member

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    True. Habitual offenders are like any criminal, they pay n attention to the law.
  17. German Yachting

    German Yachting Senior Member

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    Wouldn't there be more of a deterrent if the punishment was much more significant? I.E. Mandatory 3 year sentence?
  18. saltysenior

    saltysenior Senior Member

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    do you all think it was alcohol alone ???? not with his lifestyle.
  19. olderboater

    olderboater Senior Member

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    For whatever reasons the road fatalities per 100,000 people are more than double in the US what they are in Europe. DUI is just a part of it. However, there are two major differences in US and European DUI laws. First the level of alcohol is much stricter in Europe. Second the penalties are much harsher. Europeans grow up around alcohol, but don't drive as much with it.

    A couple of examples from Wikipedia:

    France: 0.05% or 0.02% for new drivers (under 3 years of driving license) and bus drivers (€135 fine and 6 demerit points on the driver's license, which can be suspended for 3 years maximum),[12] 0.08% (aggravated, criminal offense, license suspension for 3 years, €4500 fine, and up to 2 years imprisonment)

    Germany: Zero for beginners (less than 2 years' experience or under the age of 21), professional drivers, bus drivers, truck drivers, and drivers transporting passengers commercially; 0.03% in conjunction with any other traffic offense or accident; 0.05% otherwise.
    Penalties start at a €500 fine and 1-month license suspension. From 0.11%, the penalty is a €500 fine and the withdrawal of the driver's licence for at least 6 months, but usually about 1 year (penalty is set by the court); from 0.16%, reissue of the licence requires a successful Medical Psychological Assessment (MPU).[48] From 0.11% within 10 years of an offence from 0.05%, there is a minimum €1000 fine and a 1-year licence withdrawal; the driver has to successfully pass an MPU and is required to prove to the court that they have been sober for the last 12 months, before they can get their licence back. For repeat offenses, the fine is multiplied by the ordinal of the offence (doubled, tripled, etc.), regardless of the amount by which the driver was over the limit. These minimum penalties are usually exceeded by the German courts. From 0.11%, the courts usually also require the DUI offender to do unpaid community service.

    Italy: From 0.05% to 0.08% (€500-2000 fine, 3–6 months license suspension), from 0.08% to 0.15% (aggravated, €800-3200 fine, 6–12 months license suspension, up to 6 months imprisonment), over 0.15% (aggravated, €1500-6000 fine, 1–2 years license suspension, 6 to 12 months imprisonment, vehicle seizure and confiscation), zero for drivers with less than 3 years experience and professional drivers (bus, trucks, etc.). License is always revoked in case of: professional drivers, second offence committed within two years or in case of an accident. If the driver refuses examination he is considered to have been under influence by default applying the over 0.15% rules. Limit is zero for newly qualified drivers (those who have their license for less than three years). Routine breath testing without a probable cause is permitted and practiced by various law enforcement agencies.

    Spain: 0.05% BAC (0.25 mg/l BrAC)[62] and 0.03% BAC (0.15 mg/l BrAC) for drivers with less than 2 years experience and drivers of freight vehicles over 3.5 tonnes, and of passenger vehicles with more than 9 seats. Surpassing the limit is a serious offence, fined with €500.[63] Driving with an alcohol rate over 0.12% is a crime (up to 6 months imprisonment and license suspension up to 4 years).
    One common theme within many of the causes of our accident rates is "civil liberties." Alcohol, you have the requirement of probable cause, which other countries don't have. We still have states without mandatory seat belts. Cell phones and texting are legal in most states. In Europe, speed cameras are common, but not in the US, and penalties for speeding harsher. We even fight cameras at stop lights.

    The single most effective deterrent to DUI in other countries has been random breath testing. In the US, I know of a case where there were many bars on one short stretch of a road. Most closed at 2 AM. Cops decided after many accidents to patrol that road heavily from midnight to 4 AM and to pull cars leaving the bars over. Every case was thrown out for lack of probable cause. It would have seemed that seeing them leave a bar at 2 AM was pretty good cause, but it's not.

    Now the laws on the water are even more lax than those on land. Only this summer did NC pass a law making BUI a felony. It takes effect on December 1. Until then it is a misdemeanor, with a minimum fine of $250. The new law is known as Sheyenne's law as Sheyenne Marshall was killed on Lake Norman (the lake we lived on) July 4, 2015 by a drunk operator (.14).

  20. olderboater

    olderboater Senior Member

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    All the above. Immunity from consequences. Alcohol. Lack of any respect for laws or others. Probably toss in some narcissism. If you've done all he's done and you're walking free to do more, then what is to stop you. We know there is no moral compass for him. Doesn't appear much of a legal deterrent either.