10 Guam Code Ann. § 69200
Terms Used In 10 Guam Code Ann. § 69200
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(a) Operating under the influence or while intoxicated means any person operating or in physical control of any motorboat or vessel, or similar device under the influence of an alcoholic beverage or a controlled substance or a combination thereof, when as a result of consuming such alcoholic beverage or controlled substance or the combination thereof, his or her physical or mental abilities are impaired to such a degree that he or she no longer has the ability to operate the motorboat or vessel with the caution characteristics of a sober person of ordinary prudence, under the same or similar circumstance, and includes any person operating or in actual physical control of a motorboat or vessel, or similar device, who has eight one-hundredths of one percent (0.08%) or more, by weight, of alcohol in his or her blood.
(b) Percent of alcohol by weight hall be based upon grams of alcohol per one hundred (100) milliliters of blood.
(c) Prior offense of operating under the influence includes a conviction based on laws regarding the operation of motorboats or vessels under the influence in effect prior to enactment of this Chapter, or under laws in any other jurisdiction in the world if the offense upon which the conviction is based would, if committed in Guam, be a violation of ‘69201 of this Chapter.
(d) Controlled substances means those so defined by Chapter 67, Title 9, Guam Code Annotated, the Uniform Controlled Dangerous Substances Act.
10 Guam Code Ann. HEALTH AND SAFETY
CH. 69 BOATING
(e) Motorboat or Vessel Homicide means a person who does any act forbidden by law in the operation of a motorboat or vessel or who negligently operates a motorboat or vessel, which act or negligence proximately causes death to any person other than the operator.
(f) Motorboat or Vessel homicide while intoxicated means a person, while operating a motorboat or vessel under the influence does any act forbidden by law in the operation of a motorboat or vessel or if he or she negligently operates a motorboat or vessel, which act or negligence proximately causes death to any person other than the operator.
(g) Negligence means the failure to use the ordinary or reasonable care which a person of ordinary prudence would use in order to avoid injury to himself or others under similar circumstances.
(h) Reasonable cause means such a state of facts as would lead a person of ordinary care and prudence to believe and conscientiously entertain an honest strong suspicion that the person operating and in physical control of a motorboat or vessel is under the influence of alcohol or of a controlled substance or of a combination thereof.