LIforrelaxin, actually the charge I would have brought is negligent operation of a boat as you suggest. However that is not what was presented to the jury. They found her guilty of failure to keep a proper lookout and that is fine, as I stated I am only basing my observation on what I read in the newspapers, I wasn't in the courtroom. However it seems to me that AN ARGUMENT could be made regarding the word PROPER. Based on what I read she did maintain a proper lookout. What she failed to do was to maintain headway speed...so the charge was probably inappropriate.
john60ri...a boat underway at speed in weather is a much more stable vessel than one not underway or at headway speed in the same weather. So according to her testimony she came down off plane but because of the condition of the waves on the lake, and the rocking the pitching of the boat, it was making everyone sick, so she went back up on plane to avoid the rocking that was producing motion sickness.
Just so everyone is clear. I am not defending Blizzard or the jury or criticizing the prosecution. I am pointing out that based on what I read in the newspapers she was facing the wrong charge in once case and will in all likelihood face a retrial for the charges in the hung jury based on the sentence.
But I find the definition of "proper" something that should be looked at.
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