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Old 02-22-2007, 12:19 AM   #1
lifeonthefarm
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Default Careless and Negligent?

I could be wrong, but I believe a misdemeanor plea to Careless and Negligent Operation of boats carries a $500 fine. Could have been the reason why they didn't pursue a BWI. I imagine Marine Patrol does a lot of court work year round so just because you aren't hearing about it in the papers doesnt mean that its not happening...

For instance, the website www.byebyedwi.com (lets not get in to ethics here) has some examples of recent BWI cases in N.H. Take it for whatever its worth, and just remember that the webmaster is only posting cases that they won...
It seems that any DWI case on the road or water is pretty hard to prove these days.
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Old 02-22-2007, 08:54 AM   #2
lakershaker
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Default High Fine

That $600 fine is extraordinarily high for a safe passage violation (standard used to be $57.60 before the recent increases). Looking at everything, this must have been a negotiated settlement, but would likely keep the defendent from a suspended license since the BWI was nol-prossed. Either that, or she was so close to the officer her fender bumped off his bow!
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Old 02-22-2007, 12:23 PM   #3
jeffk
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Thumbs up Good outcome, congrats to Marine Patrol

Hopefully this woman learned a valuable lesson that boating while stupid in New Hampshire is not going to be tolerated. The fine was painful enough that she won't be able to shrug it off. Hopefully she realizes that she is very lucky to have gotten a "pass" on the BWI charge and will sign up for a boating course so that she is better informed for any future boating activities.

Also, we can hope that this has been a big topic of conversation with her friends and family so that they can also learn from her experience. The "publicity" effect from these strong convictions can be even better than the conviction itself if others recognize that 1) they need a safety certificate to boat in New Hampshire, 2) BWI is monitored and enforced, and 3) OH, there's a 150 foot safe passage rule in New Hampshire ??!!!
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Old 02-22-2007, 12:27 PM   #4
Kamper
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Default

That amount could also be the total of fines for both offenses.
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Old 02-24-2007, 10:45 PM   #5
This'nThat
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Default

Quote:
Originally Posted by lifeonthefarm
For instance, the website www.byebyedwi.com (lets not get in to ethics here) has some examples of recent BWI cases in N.H....
It seems that any DWI case on the road or water is pretty hard to prove these days.
No, I would say that ethics is a big part of why there are so many repeat offenders. The web site link is very illustrative -- the cases cited by the attorny seemed to be open-and-shut; but, the attorny was able to get the defendents off on technicalities. And, he's quite proud of that, regardless of any future consequences. Ethics not important??? I disagree. Here's the attornies quote: "After trial, the defendant was found: NOT GUILTY!!! This driver never lost his right to drive for a single day!!!". This, after failing all the sobriety tests.

If you are a defendent, this must be great. If you are a driver, motoring down the highway with your family, and get hit by this person because he never lost his right to drive for a single day, then this would change your life (whatever's left of it) forever.
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