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#1 | ||
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Belknap No. 2003-627 THE STATE OF NEW HAMPSHIRE v. Daniel J. Littlefield Argued: October 13, 2004 Opinion Issued: June 16, 2005 ...The defendant further contends that because the jury acquitted him on indictment #03-S-007, it could not take into account evidence of his intoxication in deciding its verdict on the charge of failure to keep a proper lookout. Thus, he argues that we cannot consider that same evidence in our review of the sufficiency of the evidence. The State argues that the jury could consider the evidence of the defendant’s intoxication on the charge of failure to keep a proper lookout. We agree with the State, as our established jurisprudence regarding inconsistent verdicts, and the ability of the jury to consider all of the evidence in deliberating on either charge, belies the defendant’s argument. See State v. Brown, 132 N.H. 321 (1989); Ebinger, 135 N.H. 264; Pittera, 139 N.H. 257. ...WE AGREE WITH THE STATE... Once again, and confirmed by the appeals court, Littlefield was convicted of the felony death of another by failing to maintain a proper lookut do in large part by the jury lawfully (and constitutionally) considering the ample evidence supplied by the State that he was intoxicated! Quote:
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#2 |
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As the saying goes,"better to be thought a fool than to speak up and remove all doubt".
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#3 |
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Skip - Perhaps you should read my post again. I said there was evidence he was drinking. It was weak evidence however. I notice you used the word "ample" to describe the evidence. Did that come from you or the Supreme Court?
All the rationalization in the world will never make 28 less than 25. The poll I quoted is from the American Research Group. ITD - All PWC's are high speed craft. After the speed limit passes there will be less PWC's on the lake. People will just not be as interested in buying them, knowing they can not fully use them. It could be that a parent will be less likely to allow a 15 year old to operate illegally if there is a speed limit. Since a PWC can easily break the limit, it improves the chances the child will be stopped and the underage condition discovered. However I never claimed a speed limit would prevent fatal accidents. Speed limits on our roads do not prevent fatal accidents. The idea is to set standards and hope they lower the chances a little. Are you saying a speed limit will NOT lower the chances of a fatal accident! Anybody want to go on record supporting that statement? |
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#4 | |
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Not all PWCs are capable of exceeding the proposed speed limit. There are several models which can barely do 40 mph. Sure they can get up to speed quickly, but that isn't part of the arguement. A speed limit will NOT keep PWCs off of any body of water. Well maybe except Squam. Mine will barely do 50 mph, and I won't be going anywhere else. I just may run circles around Bear Is. at top speed. Go ahead and report me...I am going the speed limit. Yes, of course there are PWCs that go over 45 mph. But they won't be going away anytime soon. |
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#5 | |
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But why stop there? Why not go all the way? Are you saying:
You see the point? There are many things that could lower the chances of a fatal accident. But we are not seeing 45+ speed as a signficant contributing factor (ie, more than n% of fatalities). Alcohol on the other hand is - and is addressed by law. Below a certain point, the risks and results are acceptable - above a certain point, they are not. Some people (not all) like speed. The country was founded on a bill of rights that includes the persuit of happiness. Those who try to restrict that persuit through law need to be challenged by those who respect law. When I hit 60, I plan to purchase a jetski that will do 60 mph and persue me some happiness. ![]()
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#6 | |
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From the same NH Supreme Court decision: ...There was significant evidence presented concerning the defendant’s consumption of alcohol and his attention level that evening... Sorry Islander....not "weak evidence" but "significant evidence; the difference being, well, significant! But hey, thanks for continually sending me these softballs, Lord knows I can use the batting practice! ![]() |
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#7 | |
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Lets assume he was blasted if you like. The facts are: 28 is more than 25, he was acquitted of BWI, the speed limit bill will pass. I do not know how fast the PWC was going. But unless it was not moving it had a speed. And a PWC is a high speed craft. I'm glad some of you understand that speed limits will lower the chances of a fatal accident. Lakegeezer's ideas would I think save lives. If he thinks it prudent he can push for legislation on those ideas. I would predict none of them will pass. However I, like 78% of NH registered voters believe speed limits are a good idea, and I have no doubt they will pass. |
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#8 | |
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#9 |
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Since Winnipesaukee is legally a drinking water supply, I think we should ban ALL BOATS. Motorized and nonmotorized. No pollutants and it will quit all this bickering about speed limits, no wake zones, no rafting zones, horsepower limits, length of boats limits etc.
Think of the money we save by eliminating all boats and the Marine patrol. No problems with some islanders as they think they can walk on water.................... ![]()
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#10 | |
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As for Littlefield's speed I again remind people that if he was doing 28 mph and the Hartmans doing just 4 mph, the closing speed would have been under the proposed nightime limit. That anyone believes that, had the SL been in place that night, the results would have been any different ... well I guess I'll have to remind myself more often of what Einstein had to say about the vastness of human intelligence. ![]()
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Mee'n'Mac "Never attribute to malice that which can be explained by simple stupidity or ignorance. The latter are a lot more common than the former." - RAH |
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#11 | |
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Sure, I will not argue that at slower speeds you have more reaction. A 2-4mph over a 25mph sped limit is not ridiculous and it is still hard to prove exactly what speed within a few mph he was traveling. I have not heard of a claim to speed in the accident in Maine but do not doubt that they were flying although on a dark night with a boat in your path that was not lit they are not entirely at fault. A speed limit may likely have had no effect, if a person is going to speed they are going to speed. A speed limit will not stop them. I speed frequently in my car or suv, chances are you and the bulk of the people on the forum do as well. Why don't you start a new crusade, maybe smart chips installed in cars or boats that will read the speed limit of a certain area and govern the vehicle automatically? Seems like it could be a new quest for you. |
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#12 | ||
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Speed traps, BTW, that were tested this summer and showed there is NO speeding problem on Lake Winnipesaukee. This 28 versus 25 BS is an estimate by an expert, it is not fact, we've argued this before and you are still wrong. |
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#13 | |
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Something for Islander et al to work on after she has rid Winnipesaukee of those DANGEROUS boats.
This quote is from an Op-Ed piece in a California newspaper: Quote:
http://www.dailypilot.com/articles/2...t-harbor13.txt So, there’s your next challenge Islander!!! Get those bicycles off the road and close down those pools! ![]() ![]() |
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#14 |
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Islander
Your logic states that kayaks and all paddle boats should be banned, because there involved in more deaths than performance boats. This speed limit bill will not decrease the likely hood of a death related accident. YOU CANNOT LEGISLATE STUPIDITY. |
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#15 |
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It's not surprising that the MP can't find a speed problem in the test areas.
If you visit the offshore boating site you will find members, some that post in this forum, planning to either avoid the test sites or stay under the proposed limits when they are in the test sites. If the truth doesn't work...... screw up the data. If the MP wated to collect some valid data they could try unmarked boats in undisclosed areas. Publicizing the test area is... ..... .... ...... sorry I was laughing to hard to type. ITD - Can you tell me the make and model of those PWC's that have a top speed under 45 mph? |
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#16 | ||
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#17 | |
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#18 |
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Yamaha XL 700 Will barely make 40
Seadoo GTI again a stretch to do 40 Also, Islander how about the data MP DID collect from undisclosed speed zones!!! Oh ya, you wouldn't want to mention that, because it doesn't support your crusade!!! |
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#19 | |
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I can give you the name of an ex Tigershark dealer (they have not been produced in years) and you can verify for yourself. As for the speed stats of the Kawasaki and the Sea Doo I would be more than happy to dig up a test report if you need it. My FX-HO Yamaha is a 60mph machine all day long, under perfect conditions and no fuel you can see 62-63mph. The speedo may read 70+ but it is not accurate, nor is the speedo on any pwc. Riva Yamaha in FL is a Yamaha and Sea Doo dealer and one of the top pwc performance companies on the planet. Their performance upgrade section lists the actual top speed of most of the top machines onm the market and what their mods do to add to it. By the way, our two yamaha 700 3 seaters will not break 45mph, probably 42 max. |
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#20 | |
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#21 | |
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#22 | |
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#23 | |
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Of course they publicized the test locations, they were planning on ticketing in those areas. If you are going to make a new law and enforce it, it is rather key that you tell people about it first. "Yes sir, we're going to have to give you a ticket for speeding. Oh, you didn't know there was a limit now? Of course not, we didn't tell you because we thought you might slow down otherwise." |
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#24 |
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May I suggest to those of us who believe that there are currently laws on the books in NH that address the issues Islander et al are pushing focus our comments, via this forum, to Legislators in Concord?
Instead of responding to the outragous falsehoods and lies that Islander(s) et al are making, just point out to lawmakers that they are false and show them, through facts, statisics etc., why they are false. Challenge legislators and the Governor to follow the data! No speed related accidents on Lake Winnipesaukee in years! NH requires a safe boating certificate! Data collected by the Marine Patrol! Things are working, the lake is safe, leave it alone! In my opinion, Islander Et Al, has a problem, perhaps it is that he/she needs to be the center of attention? Let's call on LEGISLATORS to really look at this bill and the data that the NH Marine Patrol has collected and KILL IT ONCE AND FOR ALL! |
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#25 | |
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http://www.offshoreonly.com/forums/s...d.php?t=157911 I like the quote below from that thread. It explains the entire thing was a sham. "The only Ray of Sunshine I have heard is that a friend of mine (senator in NH) says it will never pass. The test was just a way to move it out of sight..." I doubt Barrett ever had any intension of handing out any tickets. The entire thing was a delay tactic, or as the offshore people themselves think, a way to move it out of site. Then he has the incredible nerve to actually say he was trying to do what WinnFABS wanted. Give me a break! We may all disagree with the need for a speed limit. But if you think the MP have not been playing their own game, then you have your head in the sand. |
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#26 | |
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Concord, here’s the thing. Director Barrett did NOT say or imply this statement! It is a slanderous statement put forward by questionable sources on the Winnipesakee dot com forum trying to imply Director Barrett had no intention of collecting data and that you, members of the state legislature are in complicity.
Where did the following quote come from? Quote:
Concord, now the opponents of a speed limit have taken to slandering a respected state official (Director Barrett) with "quote" from anonymous sources that could very well be themselves on an internet forum. There is no data to support their position. There is an abundance of data to support the position that speed is not a problem on Lake Winnipesaukee. It's time to show leadership and end this nonsense, there are laws in place to handle all the issues raised by the "speed limit, powerboats gotta go" crowd. |
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#27 | |
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#28 | |
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It does illustrate the attitude of the high performance boat crowd. Not exactly the image one gets on this forum is it! However I posted the link to back up my claim that the high speed crowd have devised a plan to skew the MP test area data. It does a pretty good job proving my theory doesn't it? That thread is all the evidence anyone needs to prove than any data collected on test area speeds is useless. Yet the MP is still out there every day wasting money collecting "data". Since the test zones are dead why don't they move this data collection effort to an area high speed boats are not avoiding. It's all a sham! |
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#29 |
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The accident in Maine is under investigation. There is some speculation that the smaller boat may have run into the speed boat. The MP said that alcohol was not a factor for the PEOPLE IN THE SPEED BOAT. They have not said anything about the people in the other boat. Let them finish the investigation before you point the fingures at the speed boat.
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#30 | ||
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#31 | |
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I think that website attracts a very different crowd than this website, it's not my scene. I seriously doubt that any "high performance boaters" try to hide the fact that they enjoy high performance boats here. People don't buy those to blend in... That said, this issue should never be about attitudes. I don't own a high performance boat, probably never will, and I am certain that there are plenty of high performance boaters out there that I would never be friends with. Many I've met strike me as jerks (plenty of good ones too). However, I strongly oppose laws aimed squarely at getting rid of people I don't like or don't share opinions with. To do otherwise would make me a bigot, or at least a snob. If there were evidence of a need, I'd be completely for a speed limit, I boat with my kids, and I have strong protective instincts. I am 100% certain, based on years of boating on Winnipesaukee, that for the time being, a speed limit will not affect me at all, positively or negatively. All the accident data available clearly can only back up my certainty. I also occasionaly boat in places with speed limits, and can assure you Winnipesaukee boating is vastly less stressful and surely feels safer. Spend a day boating on the CT. River down in MA sometime if you wish to see how well 45 MPH speed limits work. It's an eye opener. |
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#32 |
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New editorial in Today's Citizen:
http://www.citizen.com/apps/pbcs.dll...045/-1/CITIZEN From the editorial: "We have said in a previous editorial that we seriously question the need for a boating speed limit law. Stronger enforcement of boating regulations already on the books — like the safe-passage and headway-speed rules — would go a long way toward making a day out on the water more pleasurable for everyone out on the water, regardless of whether they are in a speedboat or a canoe. Also, the need for boaters to exercise courtesy cannot be overstated." These people speak sense. |
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I just want to second the above poster who provided details on how to contact your local rep. They are getting hundreds of phone calls per week from supporters of this bill. Trust me, I've attended the hearings.
Please, I implore you, contact your rep to let them know how you want them to vote. They are working for YOU! There is strength in numbers and if they only hear from supporters, this bill may pass. A quick phone call or letter is all it takes. I see many on the board who seem to not agree with the bill, speak your mind to the people that will listen! The most important folks to contact right now are the ones listed as part of the 'transporation committee'...they are determining the fate of this bill shortly. Thank You ![]() |
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#34 | |
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I'm glad I did it, and so were they, thanks for the suggestion. ![]() |
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#35 | |
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#36 |
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When you go up against the boating industry, and administrators that are looking for future boating industry jobs, you need professional help.
Don't forget to also contact your State Senator. That is where speed limits lost by just two votes last time. The new Senator for this area lives on Bear Island. |
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#37 |
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#38 | |
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![]() Hopefully, the new State Senator has much more common sense and is more open minded than his "Island neighbor". R2B |
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#39 | |
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#40 | |
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1993 SeaDoo GTS. top speed a whopping 37MPH. For sale by the way for $1500..... 1996,97,97 SeaDoo GTI top speed about 45MPH.... 1997 SeaDoo GS 45MPH tops.... |
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#41 | |
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