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Originally Posted by Islander
Hi Skip
What are the responsibilities of a boater to be able to see where he is going at night? Any laws on that. Can one assume that if there are no lights then nothing is there? Or is more diligence required?
That question is not apples and oranges, it's strait to the point.
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I think it would be wise to carefully read the transcript you provided of the Littlefield (Danny) crime. In the appeal the Supreme Court makes it clear that even though a jury did not find Littlefield guilty of Negligent Homicide while Boating While Intoxicated, the jury was free to consider the ample evidence presented of Littlefield's intoxication and weigh that as an element in determining that Littlefield's intoxication was a major element contibuting to his inability to maintain a proper watch.
Several posters have repeatedly statedthat since Littlefield was not convicted of the BWI offense that he was thus "innocent". A careful reading of the transcript you provided shows just the opposite.
There has been no allegation of intoxication on the part of the operator of the power boat regarding this particular incident.
And no, there is no concrete answer as to when a person has or has not maintained a proper lookout. That is why, if the accusation is made, the person is charged with an offense and then (depending on the level of the offense) has a hearing in District Court by a Judge(misdemeanor offense) or has a jury trial in Superior Court (for a felony offense).
Any one of us is free to speculate ad nauseum about the issues surrounding this particular incident, but until any charges are brought and the issue is adjudicated we are all just taking shots in the dark, so to speak.
But back to the case in front of us....
If no charges are brought, as appears more & more to be the case, then the only safe assumption we can make is that the State has determined the facts and circumstances gathered during their investigation did not arise to a sufficient level of probable cause to effect an arrest or summons.
Many factors go in to the State's decision to pursue charges or drop a case. In this instance it appears the active investigation is winding down or completed. Once the investigation is completed a copy of the case can be reviewed by contacting the NHMP and requesting, under the State's Right-to-know law, the ability to review the same.
Only at that time can the rampant speculation be put to rest.