Winnipesaukee Forum - View Single Post - Lightning danger versus no-wake zone rules

lakershaker · 06-23-2008, 08:51 AM

There is a defense of exigent circumstances (emergency situations or conditions which the law recognizes as excusing compliance with some procedural requirement or recognition of another's property or other interests.) that could be used here. Similar to if you are rushing to a hospital with an injury, you can break the speed limit, if you truly feel you are in danger being out in the storm, I think you could disregard the no-wake zone if you could do so in a reasonably safe manner. Since the threat of danger from lighting was imminent, it sounds like that was a reasonable expectation.

06-23-2008, 08:51 AM	#8
lakershaker Senior Member Join Date: Jul 2004 Location: Rattlesnake Isl. - Simsbury, CT Posts: 274 Thanks: 92 Thanked 46 Times in 28 Posts	Exigent circumstances There is a defense of exigent circumstances (emergency situations or conditions which the law recognizes as excusing compliance with some procedural requirement or recognition of another's property or other interests.) that could be used here. Similar to if you are rushing to a hospital with an injury, you can break the speed limit, if you truly feel you are in danger being out in the storm, I think you could disregard the no-wake zone if you could do so in a reasonably safe manner. Since the threat of danger from lighting was imminent, it sounds like that was a reasonable expectation.