She just needs to go away...
 

http://www.boston.com/news/local/new...icense_appeal/

Seriously, I am getting sick of seeing her name in the news. She got off easy, stop being a nuisance...People that have done a lot less have gotten a lot worse...

Agreed Codeman. I have zero sympathy or empathy.

Well said Codeman...couldn't agree more!

The woman is responsible for her friends death, I have no sympathy.

But I do have curiosity on how the legal part of this all settles out. And there is some justice that she is paying for a precedent to be set that will affect all of us. Especially since her crime was a major "last straw" in the passing of the speed limit law. Someone eventually would have to bring these issues to the court.

So in the abstract, can the state of NH declare that the certificate that they gave you, which declares that you passed a their safety test is null and void for some time period? So in essence the certificate is now a license and not just the memorialization of a factual event.

This is subtly different from the trial judge banning her from operating a boat for a time period. Which also has problems, we have laws that prescribe the punishments for certain crimes. There is no law that includes removal of the right to operate a boat as a punishment. Can a trial judge invent punishments that fit the crime?

So some other boater in the future, maybe an innocent person, will know the answer to these questions without having to pay a lawyer to bring it to the court.

In the past
 

I have known boat operators and a marina owner, not Erica, who are found guilty of DUI and have lost their rights to operate a vessel in the state of NH. Some are still operating a boat. Like everything else you have to catch them driving after revocation.

The thing that I can't reconcile is Blizzard's suspension only goes through June of 2013 but yet she chooses to fight her suspension in court and in the court of public opinion over the 2012 boating season? This seems amazing to me. Why wouldn't she keep a low profile and finish her incredible lenient sentence?

Because in today's society people have more money the brains.... I am sure if you where to talk to Blizzard or her atty. the comment would be along this lines of it is causing issues with her right to run the family business, and that the state has no right to take a certification of completion away. But then again I could be wrong...

While to all of us what she got was a lenient sentence, her perception is also quite different. I am sure she feel the sentence was to harsh, and thus will fight until the end to try and reclaim any little piece of what was taken away.

This is not just an Erica Blizzard problem, this is a problem with the way Society thinks...it is easy to create a law suit if you believe you have been wronged. And of course there are plenty of lawyers willing to take you money as well..

Good legal point. What does the RSA laws state? Is this at the judges descretion? Did the judge just make this up?

JRC your points about the legal system/facts are well taken and these issues will be vetted in the courts. However, doesn't simple common sense tell us that when you screw up and kill someone a 3-year loss of your boating license is a reasonable punishment? Quite frankly, I think it should be a lifetime ban but that is neither here nor there. I still find it amazing that Blizzard can't suck it up and make due with out her boating license for another season. I bet even her supporters are struggling with her latest action.

I guess I lost track of time. I agree with all of you, she got a very easy punishment for the crime she commited, even if the punishment fit the conviction.

I also can't figure out why she would spend the money for one year of boating privilages. But if she wants to pay for the show, I'll watch.

She either has the worlds biggest ego, more money brains or some people in the boating industry are funding this, a lot of people want to know if a Boater Education Certificate is a defacto license.

This I believe has something to do with it all..... I don't know that it is neccessarily the boating industry behind it.... But I believe that is what is really going on... This case will have lasting impacts on the boating world in my opinion....

It's Over
 

$$
 

She will appeal or do something that will cost us (the taxpayer) more money

I don't agree with the Court. The education certificat is just that, states you took a test as part of allowing someone to operate a boat.

There is no revocation of taking an education course. It's not a license.

You can debate whether she "deserves" to operate a boat until the cows come home.

This ruling means that the State of NH can use any reason they want to stop you from operating a boat. And, length of revocation is arbitrary.

I don't like slippery slopes and the ruling indicates that there was a least some merits to the case so given a potentially different argument the NHMP would have been over ruled.

See how it works? Once you pass once law then you have to pass 20 more laws to fill endless trap doors. Eventually one of the initiators will get caught in their own trap. Education. Oops, still have issues. Speed limit. Oops, all the same issues still there. Wait! lets pass another law and require something else (in water test).

As most of of us kind of dreaded the Education certificate will be used as a defacto license, it can be revoked. It's the way this stuff work, you give the governement an inch they take a mile.

Now don't get me wrong I'm 100% glad that she will be off the water for a little bit longer. But there had to be a better way.

The Daily Sun had this at the end of their article:

However, the justices commented that "the absence of rules makes our task on appeal more difficult" and wrote "to the extent practicable, DOS should promptly adopt rules relative to the administration of RSA 270-E:17."

Sounds like they are looking for more specifics around suspensions?

This has nothing to do with the boating certificate. It wasn't revoked. What the Department of Safety did revoke was Blizzard's privilege to operate a boat. Their authority for doing so was a provision in state law that has been in place since 1991 - before the boating certificate became a prerequisite for exercising the privilege.

Nowadays its not about whose right or wrong, its about who has a better Attorney! As far as precedent, the Court follows "Stare Decisis", or "Let the decision stand". They look at previous case law and base their decision on punishment that was given in the past. However if the State has no precedent or all the circumstances are not the same, yes the Judge can make a varying decision. I'm not sure the State had any exact precedent in this matter.