Is there any defense against a Negligent and Reckless Boating Charge? 5 Answers as of June 23, 2011

I was driving my boat with the autopilot on and fell asleep at the wheel. I almost hit a sailboat which called my vessel description to be called in to the coast guard. I was charged with negligent and reckless operation of a vessel. I need a lawyer to go with me to court. Is there any chance of a defense?

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Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
I can't think of an actual defense but i guess you could throw out some sort of mitigating factor..
Answer Applies to: California
Replied: 6/23/2011
Law Offices of Scott Tibbedeaux
Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
There would be a defense depending the reason that you fell asleep.
Answer Applies to: California
Replied: 6/23/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Possible?? Sure. But you havent stated any yet, and if you told this story already to an arresting officer, your confession will be used against you. Yes, you need an attorney, better late than never. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? You should exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. That includes on this or any other web site or public forum. You can and should hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. He will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
Answer Applies to: California
Replied: 6/23/2011
The Chastaine Law Office
The Chastaine Law Office | Michael Chastaine
Based on your description, this is a tough case. Perhaps there is some mitigation that can be put forward.
Answer Applies to: California
Replied: 6/22/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Of course. This charge is less serious than a BUI, and prosecutors are usually more open to negotiating, provided you bring a lawyer to court.
Answer Applies to: California
Replied: 6/22/2011
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