John Weiss wrote:
"Rick Cortese" wrote...
snip
In context, there is a serious flaw in your "duty to retreat" argument: A
kayaker is ABSOLUTELY UNABLE to "retreat" from a powerboat! All he can do is
insignificantly reduce the closure speed by turning away, at a significant
disadvantage in visibility and collision aspect.

While I agree with you in spirit and fact...

One of our local assistant D.A.s tried to prosecute someone for being
under the influence of Prozac while driving. Same guy prosecuted my
older son for trespassing even when told it was actually my younger
underage son who did the act. Thing is, the younger son had the older
son's I.D. and showed it to a Deputy so the D.A. figured it would be
easier to get a guilty verdict against the older son even though the
Deputy also said he wasn't the guy.

Then there is the rumored motto of the prosecutors in Texas "Anyone can
convict a guilty person but it takes a real lawyer to convict an
innocent man!"

I just drift/mention this because laws are deliberately ambiguous to the
point where you can get your ~$10,000 legal fees punishment to prove you
are innocent for fighting the system like my older son did. I've
actually been taunted with the fact they will use their unlimited
resources to try and bankrupt you with legal fees.

If I had a nickel for every time I was told by some liar with under the
tint of authority "We well see who they will believe" I could get a nice
cup of coffee at Starbucks.

It could be the mayor's, D.A.s son, or one of the Kennedys in that speed
boat. Remember in the Clearlake crash the guy at the tiller of the
sailboat was the only person charged. The official theory was, despite
eye witness accounts to the contrary, he was running w/o lights and
therefore invisible to the Deputy. Too many examples to list, Duke rugby
ring a bell?

I don't like or endorse the situation of course. I just ack that it is
the current state of affairs. You just have to hope you get a good jury
to nullify some of the crap that goes on.

Rick