Diver dies on French Reef(Key largo)

[ReefGuy]

yeah, seconded.

I cannot find this report anywhere online including the MCSD, Fort Myers News Press, Keys News and Miami Herald. Can someone post a link?

 

[mike_s]

Here is the Public Relations report from the Sherifs Office. Half the time the news media basically just polishes up this report and prints it.

http://www.keysso.net/pio/crimereports/year_2007/march2007.htm

 

[do it easy]

I think there are similar laws with commercial drivers (truckers) as well- It's an automatic drug test for commercial drivers involved in an accident. I'm not sure if a driver would be tested if he was helping at an accident, and not involved in it.

 

[mike_s]

Thanks for the insite on why the drug test was done... I was just curious.

 

[johnny_bravo]

It's been a tough last few months in SE Florida.

How sad!

-J.-

 

[Rick Murchison]

I ain't a lawyer, nor do I play one on TV...
However, here's a layman's explanation of "implied consent:"
As part of the privilege to operate a vehicle in public (automobile on any public road, boat on any public waterway, airplane in the sky) you are agreeing to operate without being under the influence, and consenting to a drug and/or alcohol test as a routine part of any mishap investigation, traffic stop, rule violation or random check. If you decline the test, you're in violation of that "contract" and the judge can take that as prima facie evidence that you're under the influence, i.e. guilty.
Rick

 

[JackSpearo]

It is really sad...A lot of people are dying lately and instead of learning about them and understanding how they died,so others might not, Scuba Board is always in a constant legal battle between the members, I really wish we would focus on them and not the legal issues at hand...

just my opinion...

Jack

:-(

 

[Gombessa]

I ain't a lawyer, nor do I play one on TV...
However, here's a layman's explanation of "implied consent:"
As part of the privilege to operate a vehicle in public (automobile on any public road, boat on any public waterway, airplane in the sky) you are agreeing to operate without being under the influence, and consenting to a drug and/or alcohol test as a routine part of any mishap investigation, traffic stop, rule violation or random check. If you decline the test, you're in violation of that "contract" and the judge can take that as prima facie evidence that you're under the influence, i.e. guilty.
Rick

Hi Rick,

I have no idea how it works with maritime law or with the USCG, but I think you'll be happy to know that you have more rights than your suggestion above when merely driving a car on the road. Generally, the 4th Amendment to the Constitution protects you from unreasonable searches and seizures, and there are complex standards as to what is unreasonable. But you can't be forced to take a drug test at a traffic stop or most situations in that context, unless the officer has probable cause or reasonable suspicion to believe you are under the influence (hence making the search reasonable).

It is really sad...A lot of people are dying lately and instead of learning about them and understanding how they died,so others might not, Scuba Board is always in a constant legal battle between the members, I really wish we would focus on them and not the legal issues at hand...

Lol. Didn't see this one. I agree that long, tangential conversations of any nature may best be moved to their own thread, but the legal discussions here usually aren't brought up by the lawyers (who usually jump in to answer questions or correct misunderstandings of the law).

 

[JillGadget]

My understanding the guy was 300+lb and OOA. Difficult to get him on board due to his exhaustion and weight.

 

[deeper thoughts]

My understanding the guy was 300+lb and OOA. Difficult to get him on board due to his exhaustion and weight.

+ the seas were rough and the CG had issued a small craft warning