>> they knew exactly what they had hit. they absolutely knew. there is no way you could hit a full-sized boat and not know that you have hit something significant or think that you've hit a log or driftwood. it's ridiculous. >> if they would have had their lights on, on that boat, we would have seen it. i can guarantee it, that we would have seen it. >> there was no way to know what floyd wright's blood-alcohol level was that night. in new york state, this severely limited the prosecutor's case. >> you have to show that the accident was causally related to the drinking. there has to be that close connection. new york requires it. so, just the fact that he had a few drinks throughout the course of the day doesn't necessarily mean that is the cause of the death. you have to prove beyond reasonable doubt that that's the connection. >> being intoxicated shouldn't be a way out of being held