I just watched the iTeam report video.

http://abclocal.go.com/kgo/story?section=news/iteam&id=6200464

That judge really made my blood boil. I wonder if he has ever been on a power boat going 45 mph in the dark. Now that is negligence. You never know what know what you will encounter.... kids on kayaks, unlit marker post, boat in distress with no power.

Even if the stern lights were off, the cabin lights were on and he would have seen them if he was driving a reasonable speed.