"Charlie Morgan" wrote in message
...
On Wed, 7 Mar 2007 14:18:40 -0500, "Wilbur Hubbard"
wrote:
"Charlie Morgan" wrote in message
. ..
On 6 Mar 2007 21:44:59 -0800, lid (Jonathan Ganz)
wrote:
In article ,
Charlie Morgan wrote:
I was as well. Regardless, it's not just a "frown factor" here.
The
LEO's will
"pull you over" for it.
Last time I sailed into a marina that forbids it, we had no
choice.
I
called ahead so they wouldn't have a freak out.
Just to make sure you understand what I'm saying: This is a long
narrow twisty
river with a lot of marinas. The local law enforcement considers
going up or
down the river under sail in a keelboat to be unsafe operation.
Ticket!
CWM
What happens if the engine dies and you have to sail? Do they ticket
and call SEATow?
I have no idea what would happen in a hypothetical situation. I do
know that the local police have wide discretion in what to allow or
not allow. For that matter, sailing in this particular channel would
probably make you quite a few enemies. You'd be very much in the way
of other craft trying to use the channel.
No they do not have wide discretion. Anything they do to make it stick
has to be based on law and not on their opinion.
Ever hear of someone getting a traffic ticket for "Traveling too fast
for conditions"? "Operating in an unsafe manner"?
Yes, but it can't be made to stick unless it resulted in some sort of
other infraction such as an injury to person or property such as in a
collision. It is never a stand-alone citation and, if it is, it is
easily beaten. Traveling too fast for conditions is conditional on it's
resulting in an accident or something. If no accident or incidental
infraction occurs then it cannot be proven in court one was traveling
too fast for conditions. You just cannot be guilty of hearsay. The only
way it can be said one was traveling too fast for conditions is if it
caused something else to happen. It's like the song about reckless
discharge of a firearm and the dude says "Reckless, Hell! I hit just
where I was aiming."
How about being arrested for displaying "intent" to do something?
You can be arrested for anything. But, the charge has to be proven. If
the charge is intent then you have to prove intent - a very difficult
thing to do.
I hope this helps.
Wilbur Hubbard