Per Usual, Skip is right.
First off, the example we're using is a speeding ticket. Assume there are no other charges so a continuance isn't really going to happen unless there are unusual circumstances that the DA agrees with.
While it would be a good defensive move to delay any and all responses that are legally required until the last minute, eventually the court date will arrive. That is when the
BURDEN OF PROOF comes into play.
Because the speed limit crowd decided that
USCG Nav Rule 6 wasn't good enough, there are specific speed parameters that would not otherwise exist. What was the actual speed of the vessel and how was that speed determined?
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.
The Marine Patrol would have to
PROVE that above 45/25 for those conditions was a dangerous speed. If the Marine Patrol can not
PROVE that, then the case is dismissed.
Some might say, Why bother? Or, the process itself is part of the punishment!
Why bother? Because if I am convicted of a moving violation (speeding ticket) it not only goes on my driving record, but I lose my good driving discount and will pay top dollar for my car insurance (Massachusetts) for several years to come!
The process is part of the punishment? No doubt, but to pay it without a challenge is worse than taking a day out of work to deal with the court. Every court challenge also means the Marine Patrol has to pay the officer involved to show up and testify. Something the speed limit, "this bill won't cost any money", crowd also lied about.
This was a
"FEEL GOOD BILL" so that certain legislators could go to their supporters and say, "See...I fixed it, vote for me"!
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!
Quote:
Originally posted by Skip
C'mon guys, its getting awfully hot in these waders!
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Hey, the water is still chilly it's only June
