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Old 05-19-2008, 10:20 AM   #61
Evenstar
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Quote:
Originally Posted by Mashugana View Post
Your key words are the key. If no one was around to witness an accident how would they know for sure what the actual speed was? No MP with radar or other trained witnesses. The cause of the accident might have included unreasonable speed but how would they arrive at a given number?
My two statements were meant to be separate events. Sorry for not making that clear. Of course there would have to be some proof of having been traveling over the speed limit when the accident occurred.

Quote:
Evenstar, why do you think that a lake speed limit citation would not hold up in court? I don't see where anyone said that.
I do think that a lake speed limit would hold up in court. Yet others here were suggesting that it would be easy to defend, due to the "prima facie" language that was used. I was merely trying to caution against that attitude. It is my understanding that the language in the bill 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. And I don't see that as being easy to prove.

Here's examples from this thread about what others are suggesting:

Quote:
Originally Posted by Skip View Post
You are out on the Broads on a clear and calm unlimited visibility day and its just you and a distant NHMP boat. If you can articulate in Court that the spped you are suggesting, 70 MPH, was reasonable and prudent given the conditions of the day than you, my friend, have just learned what an affirmative defense is!
Quote:
Originally Posted by Island Lover View Post
Interesting how many opponents didn't understand until today what the law says and means. Skip has posted this before. The proponents on this forum have pointed out many times that boats will be able to go faster that the numbers and "get away with it". If you want to open it up on the broads when nobody is around, I don't care. And I doubt the Marine Patrol will either.
Quote:
BTW, I am a boater, what about my love?

Why is my signature suddenly an issue? It was never meant to be an insult to anyone - so please don't take it that way. It doesn't state that boaters love their boats more than anything else or that they only love their boats. It does not state that kayaks are not a type of boat. It does not state that kayakers don't love their kayaks.

The point on my sig is that, if you kayak, you'd better love the water, because you are going to get wet. A slightly modified version of my sig could also be very appropriate for collegiate sailing as well, as I get much wetter racing sailboats than I do when I kayak.
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