Re: busted by marine patrol
The standard for a conviction is "proof beyond a reasonable doubt", which is relatively high, but does not rise to the level of absolute proof that some of you apparently believe must be met.
According to their (NH) statutes, these cases are considered civil cases and not criminal cases. Thus the standard is "preponderance of the evidence" and very easy for even a rookie prosecutor to meet.
Not only that, but he has the law and published rules against him. Check out NH's boating laws here:
http://www.gencourt.state.nh.us/rules/saf-c400.html
Here are the pertinent sections to this case:
Saf-C 404.12 Operational Rules for Crossing Boat Wakes and Conduct Near Other Vessels.
(a) No boat operator shall allow his or her boat to cross the wake of another boat, or cross its own wake, in a way that causes the vessel to become airborne. For the purposes of this section, "airborne" means that the boat's hull completely leaves the water.
(b)
An operator shall slow to headway speed when crossing the wake of another vessel when within 150 feet of another vessel.
(c) No boat operator shall operate his/her vessel in a manner that is unsafe, including the following types of conduct:
(1) Challenging other boaters by heading directly at a vessel and then swerving at the last minute to avoid collision;
(2) Weaving through congested boat traffic at greater than headway speed;
(3) Operating while his/her vision is obstructed; and
(4) Other types of operation that are intended to create erratic operational patterns so that other boaters cannot determine the course or heading of the vessel.
(d) Notwithstanding anything in this section to the contrary, this section shall not apply to the following:
APPENDIX II
Recommended Uniform Fine Schedule.
(2) $68.00 fine for a conviction of violating:
a. RSA 270:26,III, attaching boat to buoy or navigational aid;
b. RSA 270:ll and Saf-C 403.01, insufficient personal floatation devices;
c. RSA 270:11 and Saf-C 403.13, failure to display proper lighting;
d. RSA 270-D:2,VI,
passage at less than 150 feet;
e. RSA 270:31, diving without or improper display of divers flag;
f. RSA 270:30-a, transporting child under 5 in a boat without the child wearing a floatation device;
g. RSA 270-D:3, water ski violations;
h. RSA 270-D:5, overloading;
i. RSA 270:74, improper operation of jet ski; or
j. RSA 270:32-a, dive flag infringement.
RSA 270-D2:
http://www.gencourt.state.nh.us/rsa/html/XXII/270-D/270-D-2.htm
270-D:2 General Rules for Vessels Operating on Water.
VI. (a) To provide full visibility and control and to prevent their wake from being thrown into or causing excessive rocking to other boats, barges, water skiers, aquaplanes or other boats, rafts or floats, all vessels shall maintain headway speed when within 150 feet from:
(1) Rafts, floats, swimmers.
(2) Permitted swimming areas.
(3) Shore.
(4) Docks.
(5) Mooring fields.
(6)
Other vessels.
This would be a slam dunk if I were prosecuting it...
Pay the $68 and be more careful!
