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-   -   Supreme Court Vermont voids one of two drunk boating convictions (https://www.cruisersforum.com/forums/f106/supreme-court-vermont-voids-one-of-two-drunk-boating-convictions-10057.html)

Amgine 09-09-2007 19:03

Supreme Court Vermont voids one of two drunk boating convictions
 
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 09-09-2007 22:48

The lunatics are running the asylum...

Amgine 10-09-2007 08:49

::nod::
 
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... ::wink::

TaoJones 10-09-2007 11:04

Quote:

Originally Posted by Amgine (Post 100083)
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... ::wink::

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 10-09-2007 21:40

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.:mad:


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