That Sinking Feeling – Three Boating Accidents in One Weekend
The boating season got off to a busy and dangerous start this Memorial Day weekend. Three separate incidents resulted in 11 people going into the water and one death. Alcohol is suspected of playing a role in two of the incidents.
Casey Thomas Gilbertson, 29, of Virginia, Minn., died in Lake Vermillion after a boat carrying him and six other people sank around 3 a.m. Sunday. Authorities say three factors may have contributed to the tragedy: too many people in the boat, not enough life jackets, and alcohol.
Two people were injured Sunday evening around 6:30 when their fishing boat collided with a houseboat on Birch Lake in northern Lake County. And just after midnight Sunday, three people had to be rescued after their boat began to sink on Big Marine Lake in northern Washington County. One of those rescued, a 23-year-old Fridley man, was arrested for boating while intoxicated.
Boaters need to remember that the laws governing BWI and DWI are very similar in many respects. The legal limit for operating a boat or a car is the same (.08); aggravating circumstances such as a prior DWI and having a blood alcohol level over .20 can increase the severity of both BWI and DWI charges: the refusal to take a breath test – whether on water or dry land -- can result in a significant penalty; and, as is the case with a DWI, BWI convictions and refusals are recorded on the violator’s driver license record.
In one important respect, however, authorities have greater leeway in enforcing BWI laws. Unlike a DWI stop, officers are not always required to have probable cause to stop a boat. So in this sense, drinking and boating presents an increased legal risk.
We hope the Lake Vermillion tragedy provides boaters with valuable lessons for the summer: 1) limit the number of passengers to that shown on the capacity plate installed by the boat manufacturer; 2) provide each passenger with a life preserver and 3) avoid or carefully limit the use of alcohol.
If you have been injured in a boating accident, contact me for a free consultation.
Cory Whalen
Attorney at Law
Sieben, Grose, Von Holtum & Carey
800 Marquette Avenue, Suite 900
Minneapolis, MN 55402
612-333-9782
Casey Thomas Gilbertson, 29, of Virginia, Minn., died in Lake Vermillion after a boat carrying him and six other people sank around 3 a.m. Sunday. Authorities say three factors may have contributed to the tragedy: too many people in the boat, not enough life jackets, and alcohol.
Two people were injured Sunday evening around 6:30 when their fishing boat collided with a houseboat on Birch Lake in northern Lake County. And just after midnight Sunday, three people had to be rescued after their boat began to sink on Big Marine Lake in northern Washington County. One of those rescued, a 23-year-old Fridley man, was arrested for boating while intoxicated.
Boaters need to remember that the laws governing BWI and DWI are very similar in many respects. The legal limit for operating a boat or a car is the same (.08); aggravating circumstances such as a prior DWI and having a blood alcohol level over .20 can increase the severity of both BWI and DWI charges: the refusal to take a breath test – whether on water or dry land -- can result in a significant penalty; and, as is the case with a DWI, BWI convictions and refusals are recorded on the violator’s driver license record.
In one important respect, however, authorities have greater leeway in enforcing BWI laws. Unlike a DWI stop, officers are not always required to have probable cause to stop a boat. So in this sense, drinking and boating presents an increased legal risk.
We hope the Lake Vermillion tragedy provides boaters with valuable lessons for the summer: 1) limit the number of passengers to that shown on the capacity plate installed by the boat manufacturer; 2) provide each passenger with a life preserver and 3) avoid or carefully limit the use of alcohol.
If you have been injured in a boating accident, contact me for a free consultation.
Cory Whalen
Attorney at Law
Sieben, Grose, Von Holtum & Carey
800 Marquette Avenue, Suite 900
Minneapolis, MN 55402
612-333-9782
Labels: boating accident; boat accidents; Casey Thomas Gilbertson; boating while intoxicated; BWI; Lake Vermillion; Birch Lake; Big Marine Lake., Cory P. Whalen
posted by Sieben, Grose, Von Holtum & Carey at
Thursday, June 02, 2011
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