Unfortunately evenstar continues to misconstrue the meaning of "prima facie" as applied to the topic at hand.
I have covered this topic numerous times across several threads, so I will not rehash all the obvious details again.
Simply put....if you receive a summons next year for speed on Lake Winnipesaukee the complaint will reference that you operated at an unreasonable speed "to wit, x miles per hour in a X mph zone". The State has to offer a number of items into evidence including that you were the identified operator, that you were operating a boat with a horsepower in excess of 25 HP and that you were operating on Lake Winnipesaukee
and most importantly, given the time and conditions present your operation was unreasonable!
Absent proof of each of those elements the defendant can move to have the case dismissed.
Isn't it fairly obvious to most that if you are being charged with unreasonable speed, that the State must show that element as a condition of conviction?
And the argument that you will give to counter the State's contention that your speed was unreasonable is called an
affirmative defense.
It really is as simple as that....
As always, feel free to PM me for any additional explanation...
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