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Editor: Rod Sullivan
Profession: Maritime Attorney

Category: Boating Accidents

The Florida Fish and Wildlife Conversation had a manslaughter case it brought against a man in Citrus County dismissed by the criminal courts in an unusual turn of events. The 28 year old owner of a 17 foot fiberglass bass boat was out with his 27 year old girlfriend on the Withlacoochee River between Ocala and Crystal River when they ran into a cypress tree at high speed. Both of them were ejected from the boat but were recovered and taken to a nearby fish camp. The boat owner's girlfriend died at the scene. He survived, but when his blood alcohol level was taken it was found to be more that twice the legal limit at 0.183.

Initially the FWC charged the boat owner with DUI manslaughter. When autopsy results showed that his girlfriend had the imprint of the steering wheel on her abdomen, they concluded that she was probably the driver. Nevertheless, they charged the owner again under a law which makes the owner of a boat criminally responsible for the safe operation of a boat, even if he isn't driving.

The criminal court found that a boat owner is permitted, and in fact encouraged to designate another person to operate his boat if he is intoxicated. Therefore the decision to permit her to drive was sanctioned by law and he had no criminal responsibility if she operated the boat in an unsafe manner. The charges were dismissed.