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Thread: Decibel Level Issue at Havasu

  1. #31
    ChumpChange
    AZGFD Rules and ARS go hand in hand. Here's another one:
    ARS 5-391.B All peace officers of the state, counties and cities shall enforce the provisions of this chapter and all laws and rules relating to the operation of watercraft.
    Go ahead and argue in court your echo theroy and all the other stuff. It's been done. We know what we're doing. I've never lost a sound level case.
    After all. I've only been doing this on the State and/or Federal level for 30 years.
    :lightsabe BAM olc!!!! :lightsabe That's why some people call him Tim.

  2. #32
    olc
    not trying to get you going boat cop... keep up the good work!

  3. #33
    Boatcop
    probably will re-register however it's funny how this issue it so terrible. Why don't we get drunks off the water? license boaters? or something serious..
    and i said: failing to stop is not a felony -
    whats the ARS for 3 violation in 60 months felony? who keeps track of it? Not MVD, AZ G&F? Call them on a Saturday.
    5-398.02. Records of convictions and judgments; abstract of record; reports
    A. Each magistrate, judge or hearing officer of a court shall:
    1. Keep or cause to be kept a record of each violation of this article deposited with or presented to the court.
    2. Keep a record of each official action by the court in reference to each violation of this article deposited with or presented to the court, including but not limited to a record of:
    (a) Each conviction, forfeiture of bail or deposit or judgment of acquittal.
    (b) The amount of the penalty, fine or forfeiture resulting from each complaint deposited with or presented to the court.
    B. Within ten days after the conviction, judgment or forfeiture of bail or deposit of a person on a charge of violating this article, each magistrate of the court or clerk of the court of record in which the conviction or judgment was had or bail or deposit was forfeited shall prepare and immediately forward to the department of transportation an abstract of the record of the court covering the case in which the person either:
    1. Was convicted.
    2. Was adjudicated to have committed a violation.
    3. Forfeited bail or deposit.
    C. The person required to prepare the abstract shall certify that it is true and correct.
    D. The abstract shall be made on a form furnished or in a manner prescribed by the department of transportation and shall include:
    1. The name and address of the party charged.
    2. The number, if any, of the driver license, permit or identification license of the party charged.
    3. The nature of the offense or violation.
    4. The disposition or whether bail or deposit was forfeited.
    5. The amount of the fine, penalty or forfeiture.
    E. The department of transportation shall keep all abstracts received under this section for inspection as required by law.
    This may get fun. Keep 'em coming.

  4. #34
    olc
    just one more thing... when is it right to enforce AZ G&F rules and when do you enforce ARS? Whats the criteria? Or would you cite both on the same cite?

  5. #35
    Boatcop
    Oh yeah. Here's the answer to the first part.
    5-396. Aggravated operating or actual physical control of motorized watercraft while under the influence of intoxicating liquor or drugs; classification
    A. A person is guilty of aggravated operating or actual physical control of a motorized watercraft that is underway while under the influence of intoxicating liquor or drugs if the person commits a third or subsequent violation of section 5-395 or 5-397 or this section or is convicted of a violation of section 5-395 or 5-397 or this section and has previously been convicted of any combination of convictions of section 5-395 or 5-397 or this section or acts committed in another state that if committed in this state would be a violation of section 5-395 or 5-397 or this section within a period of sixty months.
    B. The dates of the commission of the offenses are the determining factor in applying the sixty month provision provided in subsection A of this section regardless of the sequence in which the offenses were committed. For purposes of this section, a third or subsequent violation for which a conviction occurs does not include a conviction for an offense arising out of the same series of acts.
    C. Aggravated operating or actual physical control of a motorized watercraft that is underway while under the influence of intoxicating liquor or drugs is a class 4 felony.
    D. Notwithstanding section 41-1604.06, a person who is convicted under subsection A of this section and who within a sixty month period has been convicted of two prior violations of section 5-395 or 5-397 or this section, or acts committed in another state that if committed in this state would be a violation of section 5-395 or 5-397 or this section, is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in prison.
    E. Notwithstanding section 41-1604.06, a person who is convicted under subsection A of this section and who within a sixty month period has been convicted of three or more prior violations of section 5-395 or 5-397 or this section, or acts committed in another state that if committed in this state would be a violation of section 5-395 or 5-397 or this section, is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than eight months in prison.
    -------------------
    Notice that it says PRISON!
    That means hard time, the big house, the Arizona Department of Corrections, the State Pen, rooming with a guy named Bubba.

  6. #36
    olc
    so you call the courts, magistrate or JP to see all of their title 5 violations? How do you know 3rd offence w/ in 60 months? who do you call?

  7. #37
    olc
    wow intense it says "prison" who do you call to check again?

  8. #38
    ChumpChange
    Like somebody once told me"
    Don't argue with an idiot. They'll just bring you down to their level and then beat you with experience.

  9. #39
    Jrocket
    I told ya so!

  10. #40
    HM
    Just passin by and tried not to stare......but when someone is this big of a dumbass, it is like trying not to look at a train reck.
    Where is Darwin when we need him. Sheeeet, even Hanson could kick this guy's ass in a logic battle.
    :rollside: :boxed: :rollside:

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