Nick's Law, a stricter penalty for impaired boaters, in place ahead of Fourth of July
BALTIMORE - Punishment for operating a vessel while under the influence of alcohol or drugs in the state of Maryland comes with a new penalty, if convicted.
'Nick's Law', which went into effect this week, aims to strengthen state boating legislation.
The new law is named after Nick Barton, a 21-year-old Anne Arundel County college lacrosse player, who died in a boating crash in June 2022 along the West River near Parrish Creek.
The boat operator, Shayne Smith, was sentenced to 10 years in jail, all but 18 months suspended, for negligent manslaughter, along with five years of supervised probation.
According to court documents, Smith was under the influence of drugs and alcohol while operating the boat. Six people were ejected from the boat during the crash. Barton did not survive.
This new law allows a court to prohibit a person from operating a vessel on state waters for up to two years, instead of at most one year under the previous law, if the person is convicted of operating or attempting to operate a vessel while under the influence of alcohol or drugs and up to five years if the incident results in the death of another.
Nick's Law also requires the Natural Resources Police to establish and maintain a database of people prohibited from operating a vessel on state waters.
His mother, Marie Barton, helped to push for the legislation to pass through the General Assembly to enact changes in Nick's name.
"I will never not stop grieving but I'm turning my grieving into something positive," Marie Barton said.
The penalty went into effect ahead of the Fourth of July weekend when more boaters are expected to be on the water.
Because of the increased activity during the holiday, Acting Major Melissa Scarborough said it's statistically one of the most dangerous times on Maryland's waterways.
"Ninety percent of boat accidents that involve fatalities involve alcohol," Scarborough said. "The same alcohol limits for impairment apply in a car and on a boat. So, if you wouldn't drive in a vehicle, you definitely shouldn't get behind the wheel of a boat."
Starting July 4 through July 6, NRP will conduct heightened enforcement through "Operation Dry Water."
"We have saturation patrols across the state where officers will be focusing on making sure operators are not impaired and pulling people off the water who shouldn't be operating a vessel," Scarborough said.
The Barton family, the backbone of seeing the legislation through, has one goal: making Maryland waterways safer so other families don't suffer as they have.
"I hope I get a little sign from him," Marie Barton said. "I hope he's proud of his mom. I hope he's looking down with the biggest smile saying 'That's my mom.'"