Reckless Boating

Summer is here in North Carolina and with that comes long days on the waters of lakes all throughout the state. Boats are dusted off, jet skis are revved back up and surfboards are strapped back in. Amidst the fun and enjoyment, sometimes it can get out of hand. Whether you are on a boat, surfboard or jet ski, the dangers of operating a vessel recklessly are significant and can not only injure others but can also injure you and your criminal record.

What Exactly is Reckless Boating?

In the NCGS, there is no charge specifically called “reckless boating”. But under NCGS § 75A-10(a), it is unlawful to operate any motorboat or vessel in a careless or heedless manner, or in a manner that endangers or is likely to endanger any person or any property. Reckless in this context means a conscious disregard of a substantial and unjustifiable risk that their actions will result in harm or injury. This risk must either be known or so obvious that they should have known. This charge is a Class 2 misdemeanor, which entails a fine and a possibility of a maximum of 60 days of incarceration.

This may sound like legal jargon, but this article serves to inform you as to what this statute means and how it would play out in a real life scenario. One of the most common scenarios involving a charge of reckless boating is when you ignore no-wake zones near a marina or create large wakes that damage docked vessels. Another big one is when people drive a jet ski and crash into another vessel or a dock. These scenarios, among many others, can cause law enforcement to charge you with a reckless boating charge.

How Can I Avoid this Charge and What Should I Do if I am Charged with Reckless Boating?

The easiest way to avoid a charge of this nature is to inform yourself of the local rules regarding water safety, as they tend to vary based on location. A common rule of thumb would be if it looks and feels dangerous, do not do it. If it looks and feels dangerous, it is most likely unlawful, as the law intends to protect everyone on the water to ensure everyone has a safe and fun time on the water. Simply put, be safe and be smart. This is the best way to ensure your safety and the safety of others. It is also the best way to ensure your record isn’t tainted with a charge of this nature.

If you do find yourself in the unfortunate situation where you are charged with reckless boating, building your defense is crucial. The quicker it is addressed, the more peace of mind you will have and the better chance you have at having a good defense. The

attorneys at Jetton & Meredith, with their experience of over a decade, can help you build your defense. Contact the attorneys at Jetton & Meredith if you are in need of legal help with charges of this nature.