Reckless Operation of a Watercraft
This week, my office has been inundated with phone calls for reckless operation of a watercraft in Lake Havasu. Reckless operation of a watercraft, otherwise known as reckless operation of a boat, is very similar to the charge of reckless driving. So what is reckless? Reckless is a very subjective term. Arizona law does not provide elements as to what justifies a reckless operation of watercraft charge. That said, it is entirely up to what the police officer believes to be reckless. In other words, if officer Jones believes that the way you were driving your boat or your JetSki is reckless then Officer Jones can cite you for reckless operation of a watercraft. On the other hand, if officer Martinez does not find that the way you are operating your boat was reckless, then officer Martinez simply does not have to cite you with a reckless operation watercraft charge.
So how do we fight reckless operation watercraft charged in Lake Havasu? The answer is simple, we make the argument to the prosecutor and the judge that if we use a reasonable person standard, the way in which our client operated their boat or JetSki was not reckless. For example, this morning I spoke to a father whose son was operating a jet ski going 15 mph. The officer believed that his son was driving the JetSki too close to another JetSki. For this reason, the person’s son was cited for reckless operation of watercraft. The gentleman I spoke with has been boating for several years and did not believe that the way in which his son was opera and JetSki was reckless.
It is my opinion, that the police departments often pull people over for reckless driving of a watercraft just to investigate whether or not a person is driving under the influence of alcohol. If they find out that the person was not DUI, out of pride, they still issue the citation for reckless operation watercraft.
What you have to remember is, reckless operational watercraft is a misdemeanor. This means that if you’re ever asked whether you’ve been convicted of a crime, you have to say yes. The gentleman that I spoke with this morning, was worried about the wrong thing. Instead of being concerned as to whether or not his son would wind up with a criminal conviction on his record, he was concerned with what the fine would be. While it is true that our legal fees will be more than the fine, it is worth the investment to not have a criminal conviction on your record.
In some situations, not only can we prevent our clients from having a reckless operation of watercraft criminal conviction on the record, we can structure a resolution of the case where our clients will never have to set foot in court. Our attorneys in Lake Havasu really cannot make this process any easier for our clients.
If you’ve been charged with reckless operation of watercraft or reckless operation of a boat in Lake Havasu or Parker, Arizona please call our attorneys to discuss a case strategy – 928-714-7032
Author Bio
Matthew L. Lopez
Matthew L. Lopez is the Managing Attorney and founder of Matthew Lopez Law, a criminal defense and DUI firm serving clients throughout Arizona. His track record of case dismissals and charge reductions has earned him honors, including a National Trial Lawyers Top 40 Under 40 nomination, a “Superb” 10/10 Avvo rating, and a Rising Star designation by Super Lawyers.
Matthew is a member of the National College for DUI Defense and holds active memberships with the Arizona Association for Criminal Justice and the Arizona Association for Justice. His firm handles criminal defense, DUI, drug charges, and traffic offenses, offering free consultations and affordable payment plans to make quality defense accessible to all Arizonans.
