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Old 08-05-2009, 10:14 AM   #38
elchase
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Quote:
Originally Posted by VitaBene View Post
BI,

The issue I have is that a safe and prudent speed that night would have been well under the speed limit that currently exists.
So "safe and prudent" could by this logic be the panacea for ending all crime, and if we only had one blanket "safe and prudent for the conditions" law to cover all bad behavior we would not need to outlaw murder, rape, armed robbery, etc. Obviously, anytime there is a collision, a shooting, a gas explosion, a deck collapse, etc, then someone did not perform his/her duty safely or prudently for the conditions. But nobody would suggest we abandon all of our existing laws for a "safe and prudent" standard against any of these, because there are always going to be people who think murder is justified or that 125MPH on a Sunday afternoon is safe and prudent. And all we're going to be able to do is tell the families of the deceased that we are able to charge that guy with violating the "safe and prudent" law.
"Safe and prudent" speed laws are what we had before and clearly were not working..and have been tried in other states and thrown out by the courts as being too vague.
45 and 25 mph are very clear and definitive limits that everyone can remember and obey, and these are the fastest one can go regardless of one's personal degree of prudence or regardless of the conditions.
And as the previous poster explained, we still have the "safe and prudent" clause as a back-up and compromise for when conditions do not allow such speeds.
I just do not understand why one would need to go faster than 45mph in a boat on this lake. Is the thrill of high speed addicting to some degree? Aren't there other ways to satisfy that addiction without diminishing the rights of others to share and enjoy the people's lake in peace?
It cannot be denied that there were many many people who were either scared to use the lake or scared when they used it under the previous laws and conditions. Now EVERYONE can use the lake whenever they want and feel safe doing so. And even those who like speed can go up to 45 mph within the law...a pretty fast speed in a boat.
What's the problem? Why fix what ain't broke?