Quote:
Originally Posted by jeffk
I believe there is a concept in maritime law that you must do all you can to avoid a collision. The simple fact that she had a collision means she failed in her responsibilities as an operator...
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She is not being charged under maritime law. I think you are equating civil responsibility with being guilty of a crime. The burden of proof is very different. She does not have to prove anything, the state has to prove she was negligent beyond a reasonable doubt.
Remember, the jury will not include people that know Winnipesaukee at night or that know how hard it is to drive a boat at night. Or if her speed was unreasonable.
I'm not saying that she is innocent, just that without evidence of intoxication, this is far from a slam dunk. My guess is if the BAC evidence is excluded she walks with no jail time. Probably will be a plea bargain.