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Boating Under the Influence and DMV License Suspensions

By Walin & Klarich

Can I lose my driver's license for boating under the influence? Do I need a DUI defense attorney? California Vehicle Code section 305 defines ?driver? as ?a person who drives or who is in actual physical control of a vehicle.? The term ?Driving? has been defined in various ways by courts, and the issue was most recently addressed by the California Supreme Court in Mercer v. DMV 53 Cal.3d 753 (1991). However, the Mercer court did not determine whether or not ?volitional movement? of the vehicle required the vehicle to move under its own power. Section 415 of the California Vehicle Code defines a ?motor vehicle? as ?a vehicle which is self-propelled.? The DMV does consider a boat to be a ?motor vehicle? for purposes of DMV license suspensions...continue to full post

Full post as published by Southern California Criminal Defense Blog on February 16, 2009 (boomark / email).