[Evenstar]

Originally Posted by GWC...

For someone who does not have an agenda, you spend too much time in this section of the website. Try some diversity in your life.

Originally Posted by SIKSUKR

It's clear ES is only on this forum to argue for speed limits.I've not seen posts in other threads.There are 2 current threads related to Kayaking and I would assume she could add some insite.

I only had time for a short reply earlier and chose to fix my error, as best I could. I have been out heading out kayaking all afternoon, and I might get to those other threads later this evening, if I have time.

My "agenda" in my post was just to warn people here, who are still not understanding what prima facie actually means, and seem to believe that the lake speed limit will be easy to beat in court.

I was just trying to be helpful! Apparently you don't appreciate it. Fine.

Originally Posted by Skip

Unfortunately evenstar continues to misconstrue the meaning of "prima facie" as applied to the topic at hand.

Skip, you are wrong, in stating that I'm misconstruing the meaning.

What I posted is true: "I was only trying to clarify that according to the legal definition, the prima facie language as used in HB 847, means is that any speeds above the speed limit are automatically rated as "not reasonable or prudent" and therefore are unlawful ... the burden would be on the defendant to prove otherwise."

I did not state that you couldn't contest the citation. What I posted was that the burden is on the defendant to prove evidence to the contrary. One of my past professors is a prosecutor for the NH State Police, and when I discussed this with her a year ago, she agreed with my understanding of what prima facie means.

Most judges aren't going to just let you off the hook for traveling well above the speed limit, just because you "felt" that your speed was reasonable and prudent - you need to prove that it was. And that is could be a very difficult task.

My point was clearly that the lake speed limit uses the exact language as NH highway speed limitations [RSA 265:60]. Yes, there is some wiggle-room for both. But getting caught doing 70 on the broads is likely to be as difficult to fight in court as doing 70 on a NH highway that has a 45 mph speed limit.