Dwyer gets jail time

IMBLITZVT · May 14, 2013

Hmm... interesting. Boating while drinking. I guess a lot goes into my thoughts on it. First he is a Rep in the state so he should be watching every step and should have expected a harsh sentence. Not saying its right but thats why you don't put yourself in that spot. 3x the legal limit is not something anyone can defend. I mean if he was a .10, I would be on the other side but at .25, yeah you have had to much for any motorized vehicle. Now if he was in a row boat...

Actually my main thought was why did he take the Breathalyzer? It could not have been worse for him. You just don't take that test unless you are fairly sure you may be able to pass it. I mean we may feel a little different if he said he had a few beers but said he did not feel drunk and was not going to take the test when he was the one that was hit. Just a dumb move on his part, he gave them the evidence to hang him. Of course if he had not been drinking so much he might have thought of that...

I guess in the end, just another good reason to do what is right and let someone else drive.

serth · May 14, 2013

We can expect that this will be used every democrat and liberal media in Maryland. Unfortunately one bad judgement may ruin his political future in this state.

coopermania · May 14, 2013

No Absolute ????? WTF

FrankZ said:
Being drunk means he may not have been able to comply with Rule 2 which would make him at fault. There is no absolute right of way on the water and everyone is required to avoid a collision, if safely able to do so. This starts with having your wits about you.

You gotta be kidding, You need to go and read Chapmans Rules of The Waterway.

Biggfoot44 · May 14, 2013

So , how much time did the other boater get for Causing the collision ?

osmo919 · May 14, 2013

I don't know I'm fine with the sentence but only if it is evenly applied, which is not the case. I have seen people have 3 or 5 DUIs in MOCO and not get any jail, he'll I saw a guy get number 12 and get two weeks. I've seen DUI cases hurt other people and still maybe a weekend in jail. It does look like he was singled out.

Safetech · May 14, 2013

When I took my boating course back in the late 80s(?), the instructor said that he was going through the channel at H/M Island and there was some idiot heading right for him, and not slowing down (6 knots) through the channel. He said that he shut the boat down, removed the key from the ign, and stepped away from the helm. This *legally* gave HIM the right of way, because any vessel with no one at the helm automatically has the ROW.

Point is, sometimes just trying to avoid and accident (assuming no "neutral" witnesses) can end up making YOU appear to be "at fault".

Drinking aside... What if Dwyer had steered to the left when the other guy did, to avoid being hit, and then the other guy, at that same moment, realized he'd screwed up and corrected. The Dwyer would have been "at fault".

Sometimes you're "damned if you do, and damned if you don't".

Goateggs · May 14, 2013

teratos said:
Judges like to make examples of high profile people. It sends a message. You don't hear about DUI cases for regular Joes like us. If you are in the public eye and commit a crime, expect to get a harsher sentence. I also tend to feel that lawmakers in particular should be held to a higher standard. They make the laws, they should be able to follow them. We want exemplary citizens representing us. Do people make mistakes? Absolutely. He will hopefully be a better person because of it. He is being treated for alcoholism, which is a big step. I hope he continues to in treatment.

It sounds to me like he has already stepped up to accept responsibility for what he did wrong and it trying to correct it. Under the circumstances I wouldn't hesitate to vote for him again if I were one of his constituents. I'll be contributing to his campaign if he runs for re-election and I think unless something changes, we should be ready to support him with words and dollars.

And Don Dwyer is not just a friend of the 2nd Amendment but of fundamental freedom in general; he's one of a very few Maryland Delegates who actually seems to understand, much less support, free market economics. It would be a dreadful shame to lose him over something like this.

ToneGrail · May 14, 2013

Frank Conoway Jr got off scott free for brandishing and carrying on an expired permit. Of course the rules don't apply to Democrat politicians.

teratos · May 14, 2013

Goateggs said:
It sounds to me like he has already stepped up to accept responsibility for what he did wrong and it trying to correct it. Under the circumstances I wouldn't hesitate to vote for him again if I were one of his constituents. I'll be contributing to his campaign if he runs for re-election and I think unless something changes, we should be ready to support him with words and dollars.

And Don Dwyer is not just a friend of the 2nd Amendment but of fundamental freedom in general; he's one of a very few Maryland Delegates who actually seems to understand, much less support, free market economics. It would be a dreadful shame to lose him over something like this.

I agree that Del. Dwyer is a friend to the 2A community. He stepped up and accepted responsibility for what he did, and that is commendable. If I were in his district, I would contribute to his next campaign. I, too, would vote for him.

However, I approach things like this on principle. There are few things that make me angrier than DUI. The penalties are way too light. Perhaps I would think differently had I not had friends who are not here today because of drinking and driving. The potential for serious harm to people exists. There is no excuse for it. He was 0.25. He was not just intoxicated, he was drunk. Just because someone is my friend does not give them a pass. Did Dwyer get a penalty that was too stiff, or are there far too many people getting off too easily?

SRD · May 14, 2013

Safetech said:
When I took my boating course back in the late 80s(?), the instructor said that he was going through the channel at H/M Island and there was some idiot heading right for him, and not slowing down (6 knots) through the channel. He said that he shut the boat down, removed the key from the ign, and stepped away from the helm. This *legally* gave HIM the right of way, because any vessel with no one at the helm automatically has the ROW.

Point is, sometimes just trying to avoid and accident (assuming no "neutral" witnesses) can end up making YOU appear to be "at fault".

Drinking aside... What if Dwyer had steered to the left when the other guy did, to avoid being hit, and then the other guy, at that same moment, realized he'd screwed up and corrected. The Dwyer would have been "at fault".

Sometimes you're "damned if you do, and damned if you don't".

Actually a vessel is under way when not moored,at anchor or aground,leaving the helm does give someone the ROW. :thumbsup:

MadCat0911 · May 14, 2013

teratos said:
I like Dwyer, but I have no problem with this sentence. It could have been a hell of a lot worse. It could have been my kids out on that river. Thank God there were no serious injuries. Everyone who does something like this ought to be punished at least as harshly.

This. Operating a vehicle while under the influence should never be simply a fine and/or community service, no matter who committed the crime.

Boondock Saint · May 14, 2013

Speaking of DUIs, the NTSB wants all states to lower the drunk standard from .08 to .05. http://www.cnn.com/2013/05/14/us/ntsb-blood-alcohol/index.html?hpt=hp_t1

smores · May 14, 2013

Boondock Saint said:
Speaking of DUIs, the NTSB wants all states to lower the drunk standard from .08 to .05. http://www.cnn.com/2013/05/14/us/ntsb-blood-alcohol/index.html?hpt=hp_t1

From that article:

" On May 14, 1988, a drunk driver drove his pickup the wrong way on Interstate 71 near Carrollton, Kentucky. The truck hit a school bus, killing 24 children and three adults and injured 34 others."

I wonder if there was a push to ban pick-up trucks? :shrug:

I think .08 is a good limit. I wish I had a real breathalyzer so I could see what I get to after having "a few".

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Docster · May 14, 2013

Haven't read the entire thread but boating while intoxicated has been a hot-button item over the last few years. Whether or not an accident was the result, drunk boating has been a big problem and the prosecutors and judges are sending a message about it. Dwyer took responsibility for his problem and has taken appropriate steps to address it. Accepting the consequences of his actions is one of them.

Robert · May 14, 2013

Lets, see drunk driver causes massive collision, in which my Niece is killed, and passenger very badly injured. Driver hasn't served a day, and still driving...

Dwyer boating while intoxicated, gets into a collision caused by the other boater, and gets 30 Days...

I'm not suggesting Dwyer doesn't deserve every bit and more, but the differences in outcomes.

Markp · May 14, 2013

Robert said:
Lets, see drunk driver causes massive collision, in which my Niece is killed, and passenger very badly injured. Driver hasn't served a day, and still driving...

Dwyer boating while intoxicated, gets into a collision caused by the other boater, and gets 30 Days...

I'm not suggesting Dwyer doesn't deserve every bit and more, but the differences in outcomes.

Precisely, when there is a death involved and the driver hasn't even lost his driving privilege, yet Dwyer is doing 30 days, something is very broken!

Not justifying it, because you can't, but even at 3x the legal limit an alcoholic may perform as less impaired by alcohol than many inexperienced people at 2x the legal limit.

There is no way I am buying that this judge hands out jail time regularly as a first time sentence to offenders. I am willing to bet that this is totally motivated by politics. If so, the judge should be removed.

Safetech · May 14, 2013

SRD said:
Actually a vessel is under way when not moored,at anchor or aground,leaving the helm does give someone the ROW.

I believe *technically* it falls under "not under command"

The Pecking Order

There is a "pecking order" that can be used as a simplified memory aid to determine right of way for vessels
of different types. Get very familiar with this list, as it is important to understand it thoroughly. The lower most
vessel on the list is the give way vessel, and must stay out of the way of vessels that are higher on the list:

Overtaken vessel (top priority)

•Vessels not under command
•Vessels restricted in their ability to maneuver
•Vessels constrained by draft
•Fishing vessels engaged in fishing, with gear deployed
•Sailing vessels
•Power driven vessels

Granted; it IS a "technicality". But it leaves something for the lawyers to fight with/over.

Markp · May 14, 2013

JMangle said:
Ugh.

Facts that matter:
1) He was boating under the influence.
2) The Plea Bargain that he consented to was to avoid jail time.
3) The judge has the power to give a heavier sentence.

Facts that don't really matter:
1) Dwyer wasn't at fault

Based on the above three facts that actually matter I think that it was unfair to give him jail time. If it hadn't been for the plea I think jail time would have been on the table.

Taking into account the fact that doesn't really matter, I think this was pretty unfair. He should be punished, this should be a black mark against his reputation, but I think jail time after a plea bargain was underhanded.

Completely irrelevant:
Ted Kennedy killed a chick, and he was at fault. No jail time for him. No black mark against him.

Dwyer is strong on gun-rights, so I would still vote for him, but the man has made mistakes, and he's going to pay for them. That's just how it is.

You forgot something VERY relevant, it's about the children, as the accident is being used to justify the harshness of sentence!

Interestingly, Harbin, 52, was charged with negligent operation of a vessel, failing to register his boat and a rules-of-the-road violation.

So the accident would have never happened if the "unregistered boat" was never on the water?

jrumann59 · May 14, 2013

Boondock Saint said:
Speaking of DUIs, the NTSB wants all states to lower the drunk standard from .08 to .05. http://www.cnn.com/2013/05/14/us/ntsb-blood-alcohol/index.html?hpt=hp_t1

Does not matter in MD, if you admit to drinking and then drive it is up to the LEO to decide. Buddy got a DWI after admitting he had 2 beers at dinner. He blew a .02 because he thought that if he showed the cop he was below the limit all would be fine.

K31 · May 14, 2013

So in spite of taking the appropriate action a collision occurred but the only one that took appropriate action was the operator who was drinking.

Sounds like drinking should be a mandatory part of boat operation.

Dwyer gets jail time

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