New York Criminal Defense Lawyer Blog

New York Governor David A. Paterson has signed a bill into law related to suspension periods for reckless operation of a boat and operating a boat under the influence of drugs or alcohol. A judge may now suspend a person’s privilege to operate a boat for at least three months but less than twelve months upon a conviction of reckless operation of a boat. A judge must now suspend a person’s privilege to operate a boat and may suspend their boat registration for at least six months but less than twelve months upon being convicted of reckless operation of a boat within eighteen months of having been previously convicted of reckless operation of a boat. A judge must now suspend a person’s privilege to operate a boat and may suspend their boat registration for twelve months if they have been convicted of reckless operation of a boat after having been convicted of reckless operation of a boat on two previous occasions within the last eighteen months. A judge must now suspend a person’s privilege to operate a boat and may suspend their boat registration for at least six months but less than twelve months if they are convicted of operating a boat while under the influence of drugs or alcohol. A judge must now suspend a person’s privilege to operate a boat and may suspend their boat registration for at least six months but less than twelve months for a third speeding while boating conviction within eighteen months or for any other boating misdemeanor conviction. The judge in imposing such suspensions may consider the seriousness of the offense and may require the suspension be in effect during a portion of the present or next boating season. The new laws can be found in Section 45 and 49-a of the navigation law. Senator DeFrancisco and Assemblyman Schimminger sponsored the bill. The senate bill number is S.1823 and assembly bill number is A.3143. Governor Paterson signed the bill on September 25, 2008. The new law took effect immediately.