Lake Martin Topics: Interesting Trial

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	Name:	Pier Pressure -
	Subject:	Interesting Trial
	Date:	9/24/2008 4:30:54 PM

§ 32-5A-192. Violations; homicide; operation of vehicle under the influence
(a) Whoever shall unlawfully and unintentionally cause the death of another person while engaged in the violation of any state law or municipal ordinance applying to the operation or use of a vehicle, or vessel, as defined in Section 33-5-3, or to the regulation of traffic or boating, shall be guilty of homicide when the violation is the proximate cause of the death.

Contributory negligence means that regardless of the fact that the person may have had no lights on, could have been completely at-fault in normal situations, it stands to reason that the person who is intoxicated is at fault, even if normal situation merrits them to be innocent. The law is clear.

So, I still do not know where the size of the vessel makes any difference. You can get hit by a baseball and die from the impact. Size and speed has nothing to do with whether or not a fatality can occurr. Perhaps more property damage, but I still say there are laws in place that would have stopped mostly all of the fatalities I have heard of over the last few years (mainly BUI, navigation lights, etc.). BUT, you can't regulate common sense. Swiming in a well traveled area at night, or stopping a boat in a well traveled area at night when you aren't lit up like a christmas tree. Personal accountability should come into play somewhere.