Thread: Payback Time
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Old 06-13-2008, 06:59 AM   #126
Evenstar
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Quote:
Originally Posted by Airwaves View Post
BURDEN OF PROOF on the Marine Patrol.

If the suspect was shown to be operating the vessel at over the HB847 limits can he/she show that conditions were such that 45/25 was not a dangerous speed under the conditions?

If the suspect can show that conditions at 45/25 were not dangerous then the BURDEN OF PROOF would then again shift to the Marine Patrol.
I thought it was very funny to see Joe Kenney announce he's running for governor on a fiscally conservative platform yet he was one of the leaders of this bill that will force the Marine Patrol to waste money!
referring to a lawsuit or criminal prosecution in which the evidence before trial is sufficient to prove the case unless there is substantial contradictory evidence presented at trial. A case presented to a Grand Jury by the prosecution will result in an indictment."

The prima facie evidence language means is that any speeds above the speed limit are automatically rated as "not reasonable or prudent" and therefore are unlawful ... so the burden would be on the DEFENDANT to prove otherwise.


Hey, the water is still chilly it's only June [/quote]
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