Supreme Court Vermont voids one of two drunk boating convictions

[Amgine]

Supreme Court Vermont voids one of two drunk boating convictions

George Dean Martin was found guilty twice for boating while intoxicated, death resulting, and received two consecutive 3-year sentences for an incident while motoring in which he capsized a Macgregor 26X, spilling his guests into Lake Champlain - including children Melissa Mack 9 and Trevor Mack 4 who drowned. Martin had a blood alcohol breath test of 0.217 an hour after the accident.

The Supreme Court of Vermont found the language of the law did not define death resulting as part of the criminalized conduct, and thus two convictions for a single incident could not stand. (The law declares operating a vessel while intoxicated a crime, and thus he was effectively sentenced twice for the same crime.)

[Ex-Calif]

The lunatics are running the asylum...

[Amgine]

Although someone raised an interesting point about this event... The parents were aboard with their friend, the guy operating the boat. They all spent most of the day drinking with him. What, they didn't know he was drunk? Don't they have some responsibility here, putting their children at risk by continuing to spend much of the day boating with a guy they knew was intoxicated because they were servin' 'em up?

::sigh::

Of course, somewhere in here I'd like to take a pot-shot at a sailboat that can capsize without a stitch of sail up... ::

[TaoJones]

Originally Posted by Amgine

Of course, somewhere in here I'd like to take a pot-shot at a sailboat that can capsize without a stitch of sail up... ::

You are most magnanimous when you call the Mac26x a sailboat, Amgine. In trying to be both a power boat (with a 50+ hp engine) and/or a sailboat (with a water-ballasted "keel") it fails to be either.

Of course, in the hands of a drunken idiot, no vessel (nor the passengers aboard) is safe.

TaoJones

[Lynx]

The event happened several years ago. The "Captian" had borrowed the boat to watch fireworks at night. First time with the boat. He was anchored with other boaters and the boat was overloaded. He did not put in the water ballest. When he left, several people people was on the same rail. 2 children was inside the cabin and was recovered alive in a traped air pocket. The 2 that died was found in the loose lines.

Sad event.

Per reports 80% of all accidents are boze/drug releated.