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Innocent or Guilty?

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Old 03-25-2004, 01:46 PM
  #31
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Steve I have a few suggestions but it will take about 10 minutes to type them out.
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Old 03-25-2004, 02:17 PM
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Dear Judge Babbitt ,

This letter is in regards to a ticket I received on 3-16-04 on Lake Havasu (complaint # 70286) for excess wake.

On our recent trip to California to retrieve a used boat I purchased my wife and I decided to take a day to visit and go boating at the well publicized Lake Havasu on our return trip to our home in Missouri. This boat is the X boat that I have owned and I have been boating for X years. (add if true) To this point I have never received a citation for violation of a maritime law. This brings me to the situation that occurred on March 16th of this year.

As we passed under the (name of the bridge here) bridge and passed several waterfront commercial establishments at idle speed and we came to what I believed to be the end of the no wake zone. I have attached a picture(s) of the buoy in question. The buoy is obviously in the shape and color of an informational buoy as is described and pictured on the US Coast Guards non-lateral aids to navigation web site. Because this type of navigation aid is used for numerous navigational restrictions and hazards such as restricted areas, swimming areas, hazards such as rocks or speed limit restrictions it is imperative that the buoy be clearly marked and readable to identify the restriction or hazard. Because the buoys were obviously unreadable and their location was such that a reasonable person familiar with the use of these navigation aides would conclude that this was the end of a no wake zone. There were few boats in the area and none operating in a manor that lead me to believe that we had not in fact left the no wake area. Therefore we proceeded to increase speed to plane the boat off. Approximately 500 yards away from the first set of buoys I observed a second set of buoys and immediately brought the boat back to an idle speed. This second set of buoys were place far enough away from the first set that it would be unreasonable for the average person to visually observe them from the first set.

When I was stopped and cited by the Officer I explained the facts as I have to you but instead of issuing a me a warning I was ticketed and told “You should have read the first set of buoys”. As you can see from the enclosed pictures it is impossible to read the buoy.

I would never intentionally break any posted speed limits or violate the law and I believe that any reasonable boater would have come to the same conclusions that I did given the facts as presented. Therefore I am asking you to set aside and dismiss this citation and would further ask that the water enforcement division at the lake immediately correct this obviously confusing navigation aid.


Sincerely,

Steve xxxxxxxx

Last edited by Von Bongo; 03-25-2004 at 02:49 PM.
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Old 03-25-2004, 02:21 PM
  #33
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If they say no, you need to ask for a jury trial...that is a major joke and unless someone steps up they will continue to do this.

Can you imagine if it were a speed limit sign on the road and defaced like that, then being ticked for going 50 in a 35 when there is no possible way to read the sign?
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Old 03-25-2004, 02:24 PM
  #34
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wow Mike!!!!!!!!!!
hell of a letter

ill be copying and pasting that to my letter if you dont mind

refreshments are on me next time i see you at the lake.

thanks for all your efforts!!!!!!!!!!!
 
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Old 03-25-2004, 02:40 PM
  #35
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No problem I typed it fast so you need to read it and make sure it flows and says what you want.

I accept your offer if you get it dismissed!

Last edited by Von Bongo; 03-25-2004 at 02:45 PM.
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Old 03-25-2004, 04:10 PM
  #36
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fight it all the way good luck
 
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Old 03-25-2004, 04:24 PM
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"manner" not "manor"

- dockrocker, OSO spelling and grammar police
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Old 04-04-2004, 10:03 PM
  #38
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got a form letter from havasu friday.
$140.00 fine if i plead guilty. they even except payment by credit card
called and talked to clerk. asked if judge had received my/Von Bongo's letter. was told she (judge) was still reviewing it.
should know something by tuesday.
 
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Old 04-06-2004, 04:23 PM
  #39
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violation stands , payup or showup.
i was at least hoping the judge would reduce the fine but noooooooooo. what a bunch of crap.

any good Phknlwyr out in the havasu area that is also a boater? pm me!!!!
 
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Old 04-06-2004, 04:25 PM
  #40
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bummer
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