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Old 09-07-2010, 09:12 AM   #4
WahooUSMA
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Join Date: Jan 2009
Location: Rancho Cucamonga
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What to do?

Quote:
Originally Posted by walrus View Post
Spent five days over at the Colorado River most of the time in side lakes and back channels. Power boats (the party type) were all over the place, and a few deranged ???????? would see the kayak and speed up when passing you. Some would act like they didn't see you by looking away as they passed, while the six or seven passengers on their boats watched you to see if you flipped.

The back and side channels are no wake zones. But one of these ??????? saw the three kayaks about a hundred yards apart paddling upstream over against the reeds. He opened up the throttle aimed for each kayak and passed me closer than a paddle length in a deliberate effort to flip us. The channel is about one hundred and fifty feey wide where this was done, deep and clear for a power boat to navigate.

My questions are:



1. If we get the hull number who can we report this to?

2. If we do report the incident will anything be done?

3. Any suggestions that on what we can do, that would not put us on the wrong side of legal?



Once again thanks in advance.
1. If we get the hull number who can we report this to?
What side of the river were you on? – California side is managed by SBSD – San Bernardino County Sheriffs in most areas. Also, the Coast Guard still patrols some sections of the Colorado River, if federal funding hasn’t hit them too hard.


2. If we do report the incident will anything be done?
Depends on how you present your case to law enforcement. If it’s a boating infraction, then probably nada….To me, after reading your post, at the minimum, you seem to have all the elements for a misdemeanor, which was not committed in the presence of law enforcement, but still can be filed if you present it properly. They will follow up if you have the CA numbers, etc. My opinion, your situation is no different than if I were to attempt to run you down in a car, and swerve at the last moment just to see you jump – that my friend is ADW with a vehicle, which is a felony.

3. Any suggestions that on what we can do, that would not put us on the wrong side of legal?
My advice would be to clearly indicate to law enforcement that you felt you life was in danger. That the operator of the boat intentionally and willfully tried to cause you harm directing his boat towards you and at the last minute turned sharply to avoid a collision but did so in a manner that created a wake large enough to flip you. Additionally, clearly state that his actions were reckless and negligent.
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