Got a citation in no wake zone

[sunbyrned]

When people call me for speeding tickets, it usually comes down to how much is their time worth vs how much the fine/insurance bump might be. I would say same thing here. If the lake is local, and you have the time it’s probably worth a shot. I say that because with our boats and the no wake mode situation, you may find yourself in this spot again so it might be good to know where you stand. On the other hand, if you have limited time and will likely have to go to court at least twice, it may be worth it to cut your losses.

Thank you! This helps. I’ll be there September 4.

 

[Robconn]

After riding with water resource officers and interacting with them as part of my volunteer activities, the get out of jail free phrase is usually is something along these lines "I was going as slow as I felt I could safely and still maintain reasonable control". Repeat as many times as necessary. Most maritime laws are written to put the liability of safe operation on the captain, for obvious reasons. You just need to be able to articulate that.

I believe it is maritime law, going to find where I read it, that accidents on the water should be avoided “by any means necessary”. Just because a captain follows every rule if it is deemed he/ she did not take evasive action there is still liability despite having right of way. I interpret that to mean for example: you are in a now wake zone but you are about to collide with a boat, in that instance it’s okay to go WOT until a collision can be avoided rather than only going no wake speed to avoid the boat and ultimately collide causing possible injury/ death. Any thoughts on this? I would hate to put misinformation out there, especially when it applies to safety and legality.

 

[sunbyrned]

I believe it is maritime law, going to find where I read it, that accidents on the water should be avoided “by any means necessary”. Just because a captain follows every rule if it is deemed he/ she did not take evasive action there is still liability despite having right of way. I interpret that to mean for example: you are in a now wake zone but you are about to collide with a boat, in that instance it’s okay to go WOT until a collision can be avoided rather than only going no wake speed to avoid the boat and ultimately collide causing possible injury/ death. Any thoughts on this? I would hate to put misinformation out there, especially when it applies to safety and legality.

This is very helpful actually. I’ll do some research as well. Knowing the law inside and out at court can only help. Knowledge is power. Thank you!

 

[sunbyrned]

Been off this forum way too long. Glad to be back though to give an update. I pleaded not guilty at the Sept. 4 court date and so I had to return on Dec. 10 to defend my position. I sat in the virtual court room for an hour before they finally got to my case. During that hour was another boating citation in the same lake. They received a DUI but the County Attorney recommended dismissing it because that person wasn't even in the boat. (Not sure how that works.) The judge dismissed that case. I thought that was a good sign because it seemingly discredits the officers. Yep, sure enough, mine was dismissed as well. I didn't even get to defend myself. I was really prepared though for my defense (videos, owner's manuals, etc.) and many of you gave me some things to consider. Thank you! Yes, it would have been easier just to pay the fine, but why plead guilty if you're innocent. I hope maybe this will help someone else down the road.