Good point ! The whole issue is a bit ridiculous. But I know the legal system likes to go through all aspects before a conclusion, to afford the accused ''due process". But in this case the judge or legal system should look at the "whole picture" and do the right thing. Loopholes are a ridiculous factor in the legal system and shouldn be over-ridden on appeals.
Here is another question I''m afraid to get an answer to. "What if he ran over & cut your rode and your boat ends up beached or on the rocks......Who''s responsible for the damage?"