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-   -   Boating Accident/Death off Diamond Island (https://www.winnipesaukee.com/forums/showthread.php?t=6190)

VtSteve 06-18-2009 03:56 PM

Good points on the night time variances, forgot to mention them. There are countless examples of PWC accidents all over the country every year, no need for more at night. Heck, there are many PWC collisions with docks and other boats each year in broad daylight :eek:

As always, there are accidents that are just plain accidents, can't really eliminate them. I would say most accidents are the result of inattention, poor skills, alcohol, shear stupidity and thrill seekers, and I'm sure somewhere down on that list is someone focused on their little screen.

But the fact remains that all over the country we have bass boats doing well north of 70 and they seem to be fine for the most part, and people running over boats and hitting islands that are doing less than 30. Seems to me you need to go fast to be safe.

BroadHopper 06-18-2009 05:40 PM

Safety First!
 
Quote:

Originally Posted by VtSteve (Post 97660)
But the fact remains that all over the country we have bass boats doing well north of 70 and they seem to be fine for the most part, and people running over boats and hitting islands that are doing less than 30. Seems to me you need to go fast to be safe.

No wonder I have been 'incident' free for over 50 years. I go tooo fast! :laugh:

VtSteve 06-18-2009 06:20 PM

Exactly :rolleye2:

Perhaps people that go faster concentrate more.

winnilover 06-18-2009 07:03 PM

Thoughts and prayers go out to the families of these women. Sadly it seems everyone has forgotten that these are human beings not just the breaking news of the day. Sad !

sa meredith 06-18-2009 07:18 PM

old
 
If you read all 700+ posts, YOU'LL FIND PLENTY OF THOUGHTS AND PRAYERS!
PLENTY!
These last few post have had much to do with GPS, and it's proper use, and little to do with the accident. Everyone understands the ruined lives, and the horrible aftermath of this event for Erica.
Her justice has been delayed, probably a bit too long, but who knows.
You want to send out thoughts and prayers? Fine, Great.
Where were you a year ago?!
Don't be be critical of the thread in your first post...it's not becoming.
No one has treated it as breaking news for many many months now.
Anyway....welcome to the Forum.

BrownEyedGirl 06-18-2009 07:55 PM

Quote:

Originally Posted by sa meredith (Post 97678)
If you read all 700+ posts, YOU'LL FIND PLENTY OF THOUGHTS AND PRAYERS!
PLENTY!
These last few post have had much to do with GPS, and it's proper use, and little to do with the accident. Everyone understands the ruined lives, and the horrible aftermath of this event for Erica.
Her justice has been delayed, probably a bit too long, but who knows.
You want to send out thoughts and prayers? Fine, Great.
Where were you a year ago?!
Don't be be critical of the thread in your first post...it's not becoming.
No one has treated it as breaking news for many many months now.
Anyway....welcome to the Forum.

:eek: Yikes! Way to welcome someone! :rolleye2:

winnilover 06-18-2009 08:11 PM

sa meredith . I wasn't trying to be critical of others in my post , while reading some of the post I was just overwhelmed with what the families were going through during this tragedy, I have had something similar happen to someone close to me many years ago.I have called the Lake my sanctuary for over 20 years and I guess it just hit home. My sincere apologies. Thank you for your comment and I appreciate your advice and your welcome.

Tank151 06-19-2009 04:56 PM

Nadia -way too much time!
 
Quote:

Originally Posted by Nadia (Post 97216)
Tank151,
A one minute investigation into your posting history and your user profile, along with your "classy" response to me reveals the following information:

A. You are the text-book definition of an internet troll
B. You have a history of randomly insulting people
C. You flame, use foul language, call family of the deceased "dopes", and encourage operating under the influence in a thread about a tragic boating accident.

How I got lucky enough to be the next person you bark at, I have no idea. Glancing at your behavior in the other thread regarding this topic you have established a regular pattern. When the words get too big for you, and the conversation a little too complex, you start throwing around obscenities and stamping your feet for attention :laugh: Yes I am married, and no my husband is not whittled. Why do you ask? Is your wife indeed...a Tank? :eek: My husband would kick your you know what from one end of the Lakes Region to the other. Here are my suggestions: Go to your Doctor, and become heavily medicated. I think some Paxil may be in order. Crawl back under the rock you came out from and stay there. The world is a scary place for people with your mentality--

Nadia,

Based on your numerous and lengthy threads you have WAY TO MUCH time on your hands! Your one whos knows alot about NOTHING and a little bit about ALOT!

ApS 06-20-2009 07:17 AM

Accidents?
 
Quote:

Originally Posted by Mee-n-Mac (Post 97541)
"...what charges should have been brought against the person mentioned in JustSold's recent post...he hit Rattlesnake hard enough to break bones (if that matters)..."

'Never saw any follow-up articles on that Rattlesnake Island crash. Perhaps the damage didn't exceed the newest NH threshhold of $2000. :confused:

If he was badly hurt, he could already have missed the deadline for reporting the injury. (And I wouldn't have felt comfortable reporting it in his place). :(

(That new $2000 threshhold is a very likely reason we don't read of Jet-Ski "crashes" on this lake, and why "Safety" is improving. :rolleye2: )


Quote:

Originally Posted by VtSteve (Post 97616)
"...I hope this wasn't on a clear morning with good visibility...Fog is a very real hazard, both on land and at sea..."

1) New York's Long Island Sound is filled with high-speed automobile ferries, and I don't trust their use of technology.

2) Those ferries are managed by some who are considered among the demographic already scientifically known for poor risk management of selves—those 26 to 34-year-old boaters. They are also the most likely to use "texting". :eek: (Already responsible for dozens of fatalities on land).

3) Fog is normally intense on The Sound and can last all day. Fog keeps those who have built on the hills overlooking Lake Winnipesaukee from a morning view of the lake!

Quote:

Originally Posted by jrc (Post 97536)
"...Accidents do happen, even to competent, cautious and sober captains..."

Quote:

Originally Posted by VtSteve (Post 97660)
"...As always, there are accidents that are just plain accidents, can't really eliminate them..."

Radio traffic announcements use "crashes", "collisions", and "roll-overs".

The word "accident" is mentioned 34 times just on this one page! "Accident" has been over-used: I have an "accident" when I injure myself. Perhaps those who have selected the word "accident" are also perpetual supporters of Senator Kennedy's" accident"—and willingly continue him in office. :confused: :(

Quote:

Originally Posted by VtSteve (Post 97660)
"...There are countless examples of PWC accidents all over the country every year, no need for more at night...there are many PWC collisions with docks and other boats each year in broad daylight :eek:

Some areas of the country prohibit Jet-Ski operation within 300 yards (or even further) from shore. One Florida county prohibits Jet-Skis for 12-miles!

Quote:

Originally Posted by VtSteve (Post 97672)
"...Perhaps people that go faster concentrate more..."

How about self-preservation?

Bass boats only have about 8 feet of fiberglass ahead of the helm—and not the cocoon of 5-tons to 8-tons of fiberglass we've seen in the collisions with other boats and islands here.

With their vision focused directly forwards—by self-preservation and by boat design—you don't see bass-boaters or Jet-Skiers taking pictures of their wakes. :rolleye1: (Or their passengers either, for that matter).

sa meredith 06-20-2009 09:12 AM

done
 
Um Tank....don't know if you noticed, but I don't think that's going to be a problem anymore.

VtSteve 06-21-2009 09:26 AM

I'm perfectly OK with calling what happened in this case a CRASH, or a COLLISION, even a SCREW UP.

You insist on trying to fill people's responses in for them, while ignoring their responses. In the Wake Picture "incident", it's pretty clear to everyone that it wasn't the Skipper taking it. If you continue to throw barbs in like this, your credibility will not go any higher. If you can't address the facts, stop making them up.

DOUBLE-THINK comes to mind.

We have a group that actually thinks PLANE (boating reference) is a bad word, a SKEERY word. Boating at night is something akin to jumping off a cliff for some. But the real dangers and the real issues are never addressed. I wonder why this is?

Mee-n-Mac 06-21-2009 01:18 PM

$2000 limit
 
Quote:

Originally Posted by Acres per Second (Post 97811)
Never read of any follow-up articles: Perhaps the damage didn't exceed the newest NH threshhold of $2000. :confused: That new threshhold is a very likely reason we don't read of Jet-Ski "crashes" on this lake, and why "Safety" is improving. :rolleye2:

Perhaps you could explain why the threshold of $2000 applies in this case. As you well know when there's an injury an accident report must be filed. The damage limit doesn't apply. Just thought people reading might want the true facts.

Mee-n-Mac 06-21-2009 01:25 PM

You're kidding .... right ?
 
Quote:

Originally Posted by VtSteve (Post 97886)
If you continue to throw barbs in like this, your credibility will not go any higher. If you can't address the facts, stop making them up.

You are new here aren't you .... ;)

John E 06-21-2009 01:31 PM

FWIW we were at Lake Wylie NC a month ago for a Mastercraft reunion.

One of our group was heading home around 10 pm at wake speed because they were unfamiliar with the lake. They were having trouble with their bow light, but the stern was functioning.

They were in a 20' boat and got T boned by a bass boat estimated to be going 45 mph.:eek: I can't imagine going that fast without a clear view of what is approaching. Though my friend's bow light was possibly out, they could have just as well been anchoring and have been hit.

Somehow none of the 9 involved were hurt. Just shaken up. And a couple of totaled boats.

VtSteve 06-21-2009 08:49 PM

Quote:

Originally Posted by Mee-n-Mac (Post 97907)
You are new here aren't you .... ;)

I was trying to be civil. :rolleye2:

Paugus Bay Lake Girl 07-06-2009 11:04 PM

Blood test results Ok'd in boating accident
 
Blood test results OK'd in boating fatal
Laconia:

By BEA LEWIS
bwheel@metrocast.net


Thursday, April 30, 2009
Blood evidence taken from the operator of a boat involved in a fatal accident on Lake Winnipesaukee last summer can be used against her, a judge has ruled.

Erica Blizzard, 35, of 65 Gold St. in Lakeport, who is charged in the accident which claimed the life of one of the boat's two passengers, had sought to disallow blood alcohol test results from being introduced as evidence, claiming that investigators failed to show probable cause when they obtained a judge's permission to take blood samples.

But on Monday Superior Court Judge Kathleen McGuire ruled that Marine Patrol had probable cause to believe that Blizzard was intoxicated and, as a result, blood samples were lawfully taken from the suspect.

McGuire ruled evidence that Blizzard drove a boat headlong into an island at an unreasonable rate of speed given the weather conditions provided the probable cause Marine Patrol needed to believe the defendant had been drinking alcohol and that evidence of intoxication would be found in the defendant's blood.

Investigators allege that Blizzard was the driver of a 2008 Formula 370 SS and was traveling southeasterly "on plane" when the vessel struck Diamond Island in Gilford on June 15, 2008 at around 2:30 a.m.

In addition to claiming the life of Stephanie Beaudoin, 34, of Meredith, another passenger, Nicole Shinopolous of Burlington, Mass., suffered a fractured jaw. Blizzard also suffered serious facial injuries that required surgery.

The impact of the crash demolished the bow of the boat and apparently broke Beaudoin's neck, killing her instantly, according to Dr. Thomas Rock, an orthopedic surgeon who lives on the island and who rushed to help after hearing the crash. Rock rowed to the sinking boat with his wife and saw Blizzard slumped over the controls of the boat, court records indicate.

Blizzard is charged with alternate counts of negligent homicide, charging that she was either under the influence of drugs or alcohol at the time of the crash that resulted in the death of one of her passengers or that she failed to keep a proper lookout. She is also charged with one count of aggravated driving while intoxicated.

Court records also show that it was rainy and foggy when the boat hit the rocky shoreline of the island and that Shinopolous told Marine Patrol they were traveling at about 25 or 30 mph when the accident occurred.

Photographs of the controls of the boat taken by Marine Patrol the night of the crash show the steering wheel in a straight-ahead position.

The shift lever for one of the engines was in full position while the shifter for the second engine was in reserve at almost full throttle.

All of the gauges were normal and at least one of the engines had broken its mount. Fiberglass was embedded in a granite ledge about five feet off shore, showing the point of impact by the boat, according to court records.

Attorney James Moir of Concord, who is representing Blizzard, had argued for the results of his client's blood test to be thrown out.

Belknap County Attorney Jim Carroll maintained that the state was relying upon exigency as a legally valid exception to the warrant requirements of the Fourth Amendment of the U.S. Constitution and Part I, Article 19 of the New Hampshire Constitution.

He argued Marine Patrol had to act fast since Blizzard was being transferred to Dartmouth-Hitchcock Medical Center in Lebanon, which placed her beyond the immediate control of local law enforcement.

The state seized six samples of Blizzard's blood, some taken by Lakes Region General Hospital as part of efforts to save her life, court records indicate. The first sample was taken two hours after the crash.

Moir had argued that Marine Patrol lacked probable cause to obtain the warrants it used to seize samples of Blizzard's blood taken at LRGH and DHMC, where she was later transferred for treatment of her injuries.

The affidavit filed by Marine Patrol Lt. Tim Dunleavy, Moir argued, failed to show probable cause that the test results from the blood samples would prove intoxication. Judge McGuire disagreed.

"The state has also met its burden of showing exigent circumstances, given that this accident occurred in the middle of the night when obtaining a warrant is more difficult," the court wrote.

The judge also cited the "evanescent nature of blood alcohol evidence making its preservation impossible without removing samples from the body."

An affidavit filed with the court cites Shinopolous telling a Marine Patrol officer that the trio drank alcohol at the Wolfe-Trapp in Wolfeboro earlier in the day and Marine Patrol's discovery of "several" empty beer cans at the crash site.

Moir said the affidavit was defective because it failed to state how much the woman drank, exactly when, where the beer cans were found or how they relate to the crash or the driver.

In discovery materials Moir said Shinopolous told Marine Patrol Sgt. Joshua Dirth they had "two drinks, if that" and reported that the defendant and Beaudoin had "Grey Goose and cranberry" but did not finish their drinks.

Moir challenged whether Judge Edward Gordon would have signed the warrants had that information been included in the affidavit, as well as Shinopolous' opinion that Blizzard wasn't drunk.

She was interviewed by Marine Patrol two days after the crash and asked whether she thought Blizzard was impaired. She replied, "No," prompting Sgt. Dirth to inquire, "None at all?"

"No, I carried on conversations with her; she seemed to really be about herself; there was nothing that would make me think she was impaired at all," Shinopolous said.

Blizzard remains free on $75,000 personal recognizance bail. A pretrial hearing has been set for next Wednesday with jury selection now scheduled for May 26.

kara1 07-07-2009 12:54 PM

My heart goes out to the families affected by this tragedy.

codeman671 07-07-2009 05:03 PM

Quote:

Originally Posted by Paugus Bay Lake Girl (Post 99108)
Blood test results OK'd in boating fatal
Laconia:

By BEA LEWIS
bwheel@metrocast.net


Thursday, April 30, 2009
Blood evidence taken from the operator of a boat involved in a fatal accident on Lake Winnipesaukee last summer can be used against her, a judge has ruled.

Erica Blizzard, 35, of 65 Gold St. in Lakeport, who is charged in the accident which claimed the life of one of the boat's two passengers, had sought to disallow blood alcohol test results from being introduced as evidence, claiming that investigators failed to show probable cause when they obtained a judge's permission to take blood samples.

But on Monday Superior Court Judge Kathleen McGuire ruled that Marine Patrol had probable cause to believe that Blizzard was intoxicated and, as a result, blood samples were lawfully taken from the suspect.

McGuire ruled evidence that Blizzard drove a boat headlong into an island at an unreasonable rate of speed given the weather conditions provided the probable cause Marine Patrol needed to believe the defendant had been drinking alcohol and that evidence of intoxication would be found in the defendant's blood.

Investigators allege that Blizzard was the driver of a 2008 Formula 370 SS and was traveling southeasterly "on plane" when the vessel struck Diamond Island in Gilford on June 15, 2008 at around 2:30 a.m.

In addition to claiming the life of Stephanie Beaudoin, 34, of Meredith, another passenger, Nicole Shinopolous of Burlington, Mass., suffered a fractured jaw. Blizzard also suffered serious facial injuries that required surgery.

The impact of the crash demolished the bow of the boat and apparently broke Beaudoin's neck, killing her instantly, according to Dr. Thomas Rock, an orthopedic surgeon who lives on the island and who rushed to help after hearing the crash. Rock rowed to the sinking boat with his wife and saw Blizzard slumped over the controls of the boat, court records indicate.

Blizzard is charged with alternate counts of negligent homicide, charging that she was either under the influence of drugs or alcohol at the time of the crash that resulted in the death of one of her passengers or that she failed to keep a proper lookout. She is also charged with one count of aggravated driving while intoxicated.

Court records also show that it was rainy and foggy when the boat hit the rocky shoreline of the island and that Shinopolous told Marine Patrol they were traveling at about 25 or 30 mph when the accident occurred.

Photographs of the controls of the boat taken by Marine Patrol the night of the crash show the steering wheel in a straight-ahead position.

The shift lever for one of the engines was in full position while the shifter for the second engine was in reserve at almost full throttle.

All of the gauges were normal and at least one of the engines had broken its mount. Fiberglass was embedded in a granite ledge about five feet off shore, showing the point of impact by the boat, according to court records.

Attorney James Moir of Concord, who is representing Blizzard, had argued for the results of his client's blood test to be thrown out.

Belknap County Attorney Jim Carroll maintained that the state was relying upon exigency as a legally valid exception to the warrant requirements of the Fourth Amendment of the U.S. Constitution and Part I, Article 19 of the New Hampshire Constitution.

He argued Marine Patrol had to act fast since Blizzard was being transferred to Dartmouth-Hitchcock Medical Center in Lebanon, which placed her beyond the immediate control of local law enforcement.

The state seized six samples of Blizzard's blood, some taken by Lakes Region General Hospital as part of efforts to save her life, court records indicate. The first sample was taken two hours after the crash.

Moir had argued that Marine Patrol lacked probable cause to obtain the warrants it used to seize samples of Blizzard's blood taken at LRGH and DHMC, where she was later transferred for treatment of her injuries.

The affidavit filed by Marine Patrol Lt. Tim Dunleavy, Moir argued, failed to show probable cause that the test results from the blood samples would prove intoxication. Judge McGuire disagreed.

"The state has also met its burden of showing exigent circumstances, given that this accident occurred in the middle of the night when obtaining a warrant is more difficult," the court wrote.

The judge also cited the "evanescent nature of blood alcohol evidence making its preservation impossible without removing samples from the body."

An affidavit filed with the court cites Shinopolous telling a Marine Patrol officer that the trio drank alcohol at the Wolfe-Trapp in Wolfeboro earlier in the day and Marine Patrol's discovery of "several" empty beer cans at the crash site.

Moir said the affidavit was defective because it failed to state how much the woman drank, exactly when, where the beer cans were found or how they relate to the crash or the driver.

In discovery materials Moir said Shinopolous told Marine Patrol Sgt. Joshua Dirth they had "two drinks, if that" and reported that the defendant and Beaudoin had "Grey Goose and cranberry" but did not finish their drinks.

Moir challenged whether Judge Edward Gordon would have signed the warrants had that information been included in the affidavit, as well as Shinopolous' opinion that Blizzard wasn't drunk.

She was interviewed by Marine Patrol two days after the crash and asked whether she thought Blizzard was impaired. She replied, "No," prompting Sgt. Dirth to inquire, "None at all?"

"No, I carried on conversations with her; she seemed to really be about herself; there was nothing that would make me think she was impaired at all," Shinopolous said.

Blizzard remains free on $75,000 personal recognizance bail. A pretrial hearing has been set for next Wednesday with jury selection now scheduled for May 26.

That article was dated back over 2 months ago...

Paugus Bay Lake Girl 07-08-2009 10:57 AM

NH Boating Accident delayed 5 months
 
NH boating fatal trial delayed 5 months


LACONIA, N.H. (AP) - The trial of a woman charged in a 2008 boating crash on Lake Winnipesaukee that killed 1 of her passengers has been postponed until Oct. 13 so she can have more surgery to repair injuries she suffered in the crash.

The attorney for Erica Blizzard, James Moir of Concord, and Belknap County Attorney Jim Carroll agreed to the continuation and it was approved during an in-chambers meeting with Judge Bruce Mohl, The Citizen reported.

The trial had been scheduled for May 26.

According to court filings, Blizzard is scheduled to have surgery at Dartmouth-Hitchcock Medical Center in Lebanon on July 9. She reportedly suffered facial injuries, a lower back fracture and bleeding in her brain when the boat she was piloting hit Diamond Island in rainy, foggy weather.


Information from: Citizen, http://www.citizen.com

sa meredith 07-08-2009 05:25 PM

uuummmmm
 
Quote:

Originally Posted by Paugus Bay Lake Girl (Post 99225)
NH boating fatal trial delayed 5 months


LACONIA, N.H. (AP) - The trial of a woman charged in a 2008 boating crash on Lake Winnipesaukee that killed 1 of her passengers has been postponed until Oct. 13 so she can have more surgery to repair injuries she suffered in the crash.

The attorney for Erica Blizzard, James Moir of Concord, and Belknap County Attorney Jim Carroll agreed to the continuation and it was approved during an in-chambers meeting with Judge Bruce Mohl, The Citizen reported.

The trial had been scheduled for May 26.

According to court filings, Blizzard is scheduled to have surgery at Dartmouth-Hitchcock Medical Center in Lebanon on July 9. She reportedly suffered facial injuries, a lower back fracture and bleeding in her brain when the boat she was piloting hit Diamond Island in rainy, foggy weather.


Information from: Citizen, http://www.citizen.com

This article was posted here on May 7, 2009...post #531. And discussed pretty harshly for a week or so.
Where ya been??????

VtSteve 07-08-2009 09:09 PM

At any rate
 
Her surgery is scheduled for tomorrow..... I wish her well, hope all goes well.

BrownEyedGirl 07-10-2009 12:18 AM

Quote:

Originally Posted by sa meredith (Post 99255)
This article was posted here on May 7, 2009...post #531. And discussed pretty harshly for a week or so.
Where ya been??????

Not everyone checks the forum 20 times a day......

hazelnut 07-10-2009 01:37 AM

Quote:

Originally Posted by BrownEyedGirl (Post 99380)
Not everyone checks the forum 20 times a day......

Ok but 20 times a month would have covered this..... :laugh::laugh::laugh::laugh::laugh::laugh:

sa meredith 07-10-2009 09:10 AM

Not looking for trouble
 
Quote:

Originally Posted by BrownEyedGirl (Post 99380)
Not everyone checks the forum 20 times a day......

Was not trying to start trouble. Just saying...that info is certainly pertinent to this very lengthy thread, and I would think it would be obvious the article was posted. That's all.

But since you brought it up...
May 7th......July 8th So 6 or 7 times a year would have it covered.
Once every 7 weeks or so...

Hazelnut...check your PMs. After 3 today, no computer for me for 10 days.

BrownEyedGirl 07-11-2009 09:19 PM

Not looking for trouble either, just an observation :laugh::laugh::laugh:

ironhorsetim 07-23-2009 02:31 PM

Ruling in another case
 
This weeks papers about a Laconia man getting 2.5-8 years for the death of his girlfriend (on a bike). Anyone think this will be a sign of things to come in this case? How about it Skip what's your opinion? :confused:

Pineedles 09-15-2009 10:52 AM

No News
 
I haven't heard any news on this for a while. But my main intention here is that I don't like to see the posts stop at 666.

ironhorsetim 09-15-2009 11:26 AM

just noticed
 
:fire: :fire: It was kind of eeeerie

VtSteve 09-15-2009 11:44 AM

The trial was postponed until October if memory serves me.

ApS 09-15-2009 12:49 PM

Not that they can be compared...
 
A similar R.I. case (alcohol, boating, acquaintance dies), was resolved this summer with only a 2½ years minimum-confinement sentence:

http://www.projo.com/news/content/GR...8.3ead4c8.html

(Though it seems like there should be a 2nd-offense penalty law written for such sentences).

SIKSUKR 09-15-2009 02:21 PM

Your starting to sound like M&M now.:laugh:

fatlazyless 09-15-2009 07:51 PM

A negligent homicide decision for a triple death, head-on collision between a car and two motorcycles in Thornton NH in June 2006 was reversed on appeal in the NH Supreme Court in June 2009. The driver of the car had had no alcohol and crossing the yellow center line for some unknown reason was voted by the judges 3-1 as not meeting the definition of negligence.


As I see things, it seems like the severity of the collision with three deaths and a 4th severly injured, should be considered in determining negligence, alcohol or no alcohol.

What were the three judges thinking? Why is this triple death now considered to be a tragic accident and not a crime what with the 20-something year old male driver having been released from a 12 year sentence for his time served ?

RI Swamp Yankee 09-16-2009 10:18 AM

Quote:

Originally Posted by Acres per Second (Post 106341)
A similar R.I. case (alcohol, boating, acquaintance dies), was resolved this summer with only a 2½ years minimum-confinement sentence:

http://www.projo.com/news/content/GR...8.3ead4c8.html

(Though it seems like there should be a 2nd-offense penalty law written for such sentences).

Sad case, kid should have gotten more. There is a real teenage drinking problem in that town and the parents think the police are unfair to arrest kids for drinking ... and driving. The judge in that case was an idiot for blaming the Police Chief for not going after teenage drinking (which was not true) but the real problem is the parents that condone teen drinking. A case of the privileged (read rich) few literaly getting away with murder.

Not directly Winni related so it may be :offtopic:

Mee-n-Mac 09-16-2009 01:24 PM

Think about it
 
Quote:

Originally Posted by fatlazyless (Post 106386)
As I see things, it seems like the severity of the collision with three deaths and a 4th severly injured, should be considered in determining negligence, alcohol or no alcohol.

What were the three judges thinking? Why is this triple death now considered to be a tragic accident and not a crime what with the 20-something year old male driver having been released from a 12 year sentence for his time served ?

The difference between a tragic accident and a crime is easy to illustrate. A bee flies into your car and gets stuck between your eyeball and your glasses. You swerve across the road as a result and head-on another car killing 9 infants. Most would call this a tragic accident.

Constrast this with dropping a pickle out of your $1 meal and then drifting across the road as you fish around the car to retrieve said pickle. You hit no car but the local PD witnesses it all. This is negligent driving (IMO).

The severity of the outcome may play a part in the punishment/sentencing phase but should have no part in determining whether a crime was committed.

ironhorsetim 09-16-2009 01:43 PM

:
Quote:

Originally Posted by SIKSUKR (Post 106350)
Your starting to sound like M&M now.:laugh:

:offtopic:
Did you mean...
Eminem the candy or...
M&M the wrapper...lol.get it wrapper (rapper) :laugh: ;) :laugh:
Sorry, couldn't resist

Mee-n-Mac 09-17-2009 03:26 AM

Yo, yo, yo
 
Quote:

Originally Posted by SIKSUKR (Post 106350)
Your starting to sound like M&M now.:laugh:

Quote:

Originally Posted by ironhorsetim (Post 106494)
:
:offtopic:
Did you mean...
Eminem the candy or...
M&M the wrapper...lol.get it wrapper (rapper) :laugh: ;) :laugh:
Sorry, couldn't resist

Wha dis ?!? Some phool be gankin my game ? For shizlle ? That's just wack. Wizzle best be findin his own rhyme. Peace out.

fatlazyless 09-17-2009 08:36 AM

What determines if an accident was avoidable or negligent depends on who is doing the determining and examining the driver's sobriety. If the driver was drunk then determining negligence is a 'no-brainer.'

I've heard of a trucking company of 18-wheel, tractor-trailers which considers hitting a moose to be an avoidable accident on their driver's record. Why is that? Because a moose is so much larger than a deer and should be easy to see and to avoid.

The company is based in Alabama :D!

"Well, hush my puppies....if you all cannot see a great big moose up ahead and steer around that, then it's your own damn fault......yessir!"

Now, that's one company's opinion, Southern style. ...:D

Airwaves 09-17-2009 01:22 PM

Orignially posted by FLL
Quote:

I've heard of a trucking company of 18-wheel, tractor-trailers which considers hitting a moose to be an avoidable accident on their driver's record. Why is that? Because a moose is so much larger than a deer and should be easy to see and to avoid.
More likely it's because a Moose hit can cause considerable damage $$$ to the tractor! They are just as hard to see in the dead of night.

trfour 09-19-2009 01:06 AM

Pushups, And Then Some....
 
CDL, and Boating operation, are two different animals.

Quote; "Well, hush my puppies....if you all cannot see a great big moose up ahead and steer around that, then it's your own damn fault......yessir!"

:offtopic:

However, you are a dear, and you know how we love you! :)

PS, please sign up for the special Winnepesaukee.com FLL commensurate trophy.

OCDACTIVE 09-30-2009 07:34 AM

It was reported this morning that the trial has been postponed until January 2010.


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