Section 5 Observations
| Library | Defending Boating While Intoxicated Cases 2011 |
In reviewing a BWI (boating-while-intoxicated) charge, counsel should first determine what statute is being used by the state to prosecute the defendant. The newer and more frequently used § 306.111.2, RSMo Supp. 2010, appears to be inapplicable to watercraft and vessels being operated on float streams and ponds, and it appears to be inapplicable to operators of paddle boats, canoes without motors, and sailboats that are under 12 feet in length. The older statute, § 306.110.2, RSMo...
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