Posted by Kerry Grissett on August 22, 2005 at 21:04:17:
In Reply to: Re: Game warden made me pour out 3 beers in.....m posted by jd on August 22, 2005 at 10:50:46:
Just went back and re-read your post. The game warden was well within the law by making you pour out the beers and should have given you and your partner a breath test.
As you stated, you had about 12 "empty" beer cans "floating around" in the boat and more (I will assume they were empty as only 3 were poured out) in the cooler. The officer could logically assume that these were consumed by you while on the water and operating the vessel.
Consider yourself very lucky that he didn't haul you in and arrest you simply for the open beverage containers or at least ticket you for that. He probably should have given you a breath test given the evidence in your boat, but I won't second guess the officer. From what you have provided, you were VERY lucky indeed that you only had to pour out the beer!
If you had been stopped on the highway by a state trooper under the same circumstances, I am sure you would have been given a field sobriety and possibly a breath alcohol test. Then you would have at least been given a ticket for open alcohol beverage containers in the vehicle and possibly arrested.
You were cut a big break! Consider yourself lucky and leave the alcohol at home in the future.
Good luck and good fishin'
Post a Followup