"Alan Gomes" wrote in message ...
http://www.latitude38.com/lectronic/...yid=170#Story2



An almost identical case goes the jury next week up here. Fellow from MA
going 30 (according to him) - 45 (according to accident reconstructionist)
in the dark hit a smaller boat and killed two instantly. Witnesses differ
on lights. Forensic evidence indicates side lights on but inconclusive
about sternlight. Blood sample showed well over legal limit but sat in a
deputy's car for 36 hours. Expert says alcohol content only goes down in
such cases and would indicate twice legal limit at time of accident.

Since the defendent is from MA with a jury that has to endure legions of
drivers on the road with MA plates driving their cars with the same level of
respect and responsibility, I expect he is toast but it will be interesting
to see how the jury views the light issue. A boating expert testified that
the lights are irrelevant since it could have been a floating log or boat
adrift that he hit which event at such speed could easily have resulted in
death or injury to him and his passenger so death occured concurrent with
negligence.

--
Roger Long