As I posted somewhere, I am not debating the judical system in NH. The courts set precedent, not the officer issuing a ticket.
An example, even on the district court level.
Skip you are handed a ticket for violation of the Headway Speed provision. You go to district court and the judge agrees with your interpretation of the law and dismisses the case.
A couple of weeks later I find myself in the same position, but my judge is different from yours and decides that because my boat will do less than 6 mph and still maintains steerage way, that I violated headway speed and I am found guilty.
Do you not think my lawyer will use your case in the argument before the court?
As for not being appealable I would say a sharp lawyer would be able to argue that because the penalty for violation of 270-D has been increased then the appeals process is subject to review.
On thing that is taken into account, even on the district court level, is the intent of the law especailly if it appears to contradict itself.
A district court judge may not actually set the precedent but the process of setting a precedent certainly starts there and will ultimately be set by a judge.
As I said, you do what you want but I interpret the key provision of 270-D1 VI as the slowest speed that a boat can be operated and maintain steerage way.
Last edited by Airwaves; 08-27-2008 at 12:35 PM.
Reason: When I put the D behind 270 a smily face popped up! :)
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