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Originally Posted by Acres per Second
....Seen the headlines?
We now have "The Ambien®-Defense", and it's been used by a Congressman in Washington: The words "appears intoxicated" appear on the police report—two other charges were pled down and dismissed!
Volunteered testimony regarding one's own prescribed medicine could spell the end of BWI c-o-n-v-i-c-t-i-o-n-s. I fear that it's not a new Defense tactic: Insurance will pay-up—or else.
IMHO, better that more charges are added:
Without the BWI, and sober or not, it can be calculated at what velocity Eagle Island was "tagged". Given those Ambien® headlines, any and all additional charges could—and ultimately should—be added.
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Kennedy plead guilty to DUI, that is a conviction. It was a plea bargain and they dropped the lesser offences. That's been happening for a hundred years. It may happen to our wayward boater as well.
http://www.wmur.com/news/9364602/detail.html
I doubt our forensics scientists will find enough data to accurately pin down the velocity. I'm sure they'll guess something like 20-40 mph. The boat went through a shallow rocky area, up the rocky embankment, skidded through the
shoreline bushes and finally bounced off a few small trees. It won't be like measuring skid marks at a car accident. Plus no one was hurt, how much time and money wil the state spend to gather evidence.