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Originally Posted by Islander
.... However it WAS officially determined that the speed was 28 mph. And that, as we all know, is more than the proposed limit.
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Actually if you believe Skip, then Littlefield was not operating beyond the limits in proposed law.
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Originally Posted by Skip
...The proposed law this year is in the same format as previous proposals, the speed limit will be a "prima facie" limit based on the unreasonable speed concept and not an "absolute" limit, as found in nearby Maine.
The difference? Significant to law enforcement personnel.
In Maine and other States that have "absolute" speed limits, it is an accepted concept that regardless of conditions any speed over the posted limit is proof of guilt.
In New Hampshire the proposed boating speed limits will be based on the same principles as our terrestial limits, the "prima facie" and "unreasonable speed" concept.
Simply stated, while any spped over the posted limit is "prima facie" evidence that an offense has occured, the operator can use an affirmative defense that given the time, place and conditions the speed at the time was not "unreasonable".
Let's say that it is 5:00 PM on a Wednesday afternoon in the middle of the Broads. Its a bright and clear day with unlimited visibility. Its only you and the MP radar boat. You will not receive a ticket for 46 in a 45 unless that poor MP officer never wants to face the wrath of that particular court again.
It is a pretty poorly kept secret that in New Hampshire, depending on the Department, the leeway under normal conditions to succesfully get a conviction before a Municipal Court judge is anywhere from 10 to 15 MPH over the posted limit.
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Can anyone seriously argue that if Littlefield had been sober and maintained a proper watch that 28 MPH was "unreasonable" on that normally clear night? If 28 MPH is unreasonable on a normal night, then the Marine patrol operates unreasonably pretty much every night. So Littlefield would not have been quilty of violating the HB-847 if it existed at the time.