Angry Readers Want Punishment for Hit-and-Run Boater

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As NJ readers comment on the recent hit-and-run boater, questions are raised regarding the sobriety of the captain, Anthony DiGilio of Brick, NJ. Our guest legal expert, Nicole Taylor, Explains .

by Nicole Taylor

The blood alcohol content (BAC) level at which a person is considered operating a boat under the influence in New Jersey is .08%. A person who is convicted with a BAC between .08% and .10% will be fined $250 to $400 and lose his or her license for 3 months. A person boating with a BAC of .10% and above will be fined $300 to $500 and lose his or her license for 7 months to a year. For a second drunk boating conviction, the driver will lose his or her license for two years. At the third drunk boating offense, the driver will not be driving a boat for 10 years. Boating under the influence is considered the same, from a legal view point, as driving while intoxicated (DWI).

According to New Jersey state law bill number SB 1511 Chapter 80 Section 7 paragraph 2, when a boating accident occurs and death, injury, or property damage is involved, the police will consider the affect of intoxicants on the accident. In the article ‘State Police seize speed boat in deadly Ocean County crash’ by Mary Ann Spoto from The Star-Ledger, on Tuesday August 05, 2008, 5:09 AM the suspect’s lawyer was asked if his client was drinking and replied “to my knowledge, that’s not an issue in the case.” The above law shows the issue of drinking is always an issue where a death is concerned in connection with a motor vehicle over 12 feet.

Boating while under the influence is considered reckless driving. Deaths caused while driving recklessly fall under vehicular homicide laws, and the operator will be charged with a second degree crime based on the P.L. 2003, Chapter 143, approved August 5, 2003 Senate Bill No. 1644. Prison time is mandatory with a minimum sentence of 3 years. The convicted individual will not be eligible for parole during the minimum term. Driving while fatigued also falls under reckless driving. Fatigued is defined as having been up for over 24 hours. The operator may be charged with a second degree homicide, as the accident happened at 1 a.m., even if alcohol use can not be proven.

Furthermore, it is illegal to leave the scene of an accident. When an accident occurs, the operator of the vehicle is required to stop, exchange information and render reasonable aid. When an individual flees from a fatal accident it constitutes a 3rd degree crime in New Jersey, and is punishable by 3 to 5 years in a State prison (N.J.S.A. 2C:11-5.1). The law states that if injury, death or $250 in property damage occurs, the driver is presumed to know the accident took place. However, the presumption is rebuttable. A rebuttable presumption means it is up to the defendant to prove he did not know, and not the court to prove he did know. It does not matter whether or not the defendant knew the extent of the damage or injury (N.J.S.A. 39:4-129). If the driver admitted knowing that he hit something, his claim he did not know the extent of the damage does not figure into his culpability for leaving the scene of the accident.

Tags: Anthony DiGilio, hit and run, NJ boating accident