The latest news about Maine lakes and ponds.

Losing Your License, on Land or Lake

October 19, 2007 - Robert LaPointe may have surrendered his passport while he faces charges of manslaughter and operating under the influence from August's boating accident on Long Lake, but if he's convicted, he can keep his driver's license.

It's a loophole Maine lawmakers should close.

Unlike some states (including LaPointe's native Massachusetts), boaters convicted in Maine of operating under the influence don't face suspension or revocation of their driver's license, although penalties for both are about equal.

Massachusetts has some of the strongest impaired-boating laws in the nation; the Bay State has considered automobile and boating under the influence as "like offenses" since 1995, which puts a boating offender's driver's license at risk of suspension upon conviction.(But since Massachusetts law only governs the waters of the Commonwealth, if LaPointe is convicted of the Maine crimes, officials say he wouldn't be subject to Massachusetts penalties.)

Other states have even stiffer punishments. Texas law, for example, triggers an automatic 180-day driver's license suspension for boaters suspected of impairment, if they are found operating a vessel with more than 50 horsepower, or if they refuse to take a sobriety test.

Ontario, in 2006, instituted a 12-hour, on-the-spot license suspension for allegedly drunken boaters, along with a mandatory 90-day suspension upon conviction. New Hampshire, Alaska, Alabama, California, Florida, Indiana, Minnesota, Louisiana and New Jersey also have corresponding boating/driver's license laws.

August's horrific incident on Long Lake, in which LaPointe is accused of recklessly operating his high-powered performance vessel while impaired and striking another boat, killing two people, has already generated legislative efforts to stiffen Maine boating regulations.

Rep. Richard Sykes of Harrison has submitted a bill for January's upcoming session to institute a horsepower restriction on Long Lake and the Brandy Pond connector, a common observation since August's accident following real questions about the presence of powerful, offshore vessels on Maine lakes.

Regulating horsepower lake-by-lake, instead of trying to monitor speed, is a practical approach to making boating safer. The approach is also unique to boating, as an equivalent effort for automobiles would be almost unenforceable.
Sometimes, different ways of governing are needed for maximum effectiveness.

But other times, the same standards should apply, such as with driver's licenses. There's little difference in driving a boat or automobile under the influence of alcohol - the potential for disaster is the same, as shown by the carnage allegedly wreaked by LaPointe upon the victims in the accident, Raye Trott and Suzanne Groetzinger.

Maine has continually strengthened its drunken-driving penalties, and legislates strong disincentives for the behavior. Suspensions or revocations are primary dissuaders, as even first offenses carry a mandatory 90-day suspension.
Losing their license can make some people think twice before driving a car under the influence.
It should be enough to make boaters think twice, too.

Lakes: Long Lake
Regions: Sebago


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