Quote:
Originally Posted by Lakegeezer
Wikipedia describes Prima facie as " In common law jurisdictions, prima facie denotes evidence that (unless rebutted) would be sufficient to prove a particular proposition or fact."
The text of the HB847 is: Where no hazard exists that requires lower speed for compliance with subparagraph (a), the speed of any vessel in excess of the limit specified in this subparagraph shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful: (1) 25 miles per hour during the period from 1/2 hour after sunset to 1/2 hour before sunrise; and (2) 45 miles per hour at any other time.
I'm not a lawyer, but the use of prima facie in the law seems to imply that going over 45 is sufficient to prove that the speed was not reasonable or prudent. Maybe case law has watered down the meaning?
We all want reasonable and prudent speed. That was never the issue. |
Good points & a very good question.
The key words are "unless rebutted".
With prima facie limits, you have the right to rebut the State's charge and offer a defense to the limit imposed.
Unlike an "absolute" limit, that dictates that constitutional issues aside, there is no rebuttal and that any speed in excess of the posted speed is grounds for guilt.
The law could have been written in either language, but it was written as a prima facie limit that gives the defendant the right to rebuttal.
However, most folks are not aware of the difference and plea guilty or nolo (contendre) to the charge assuming that all speed limits in New Hampshire are absolute.
Hopefully I have made some of the folks out here aware that there is a significant difference and that a speed above 25/45 does not automatically imply you will be found guilty of speeding.
Again, it all comes down to using a ton of common sense and always being aware of and obeying all other applicable safety regulations while you boat (or drive your car).
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