Quote:
Originally Posted by KonaChick
...Here's my gripe. If this law passes and the digital odometer on my boat says I'm going 45 I may or may not get clocked going exactly 45 by MP radar. I could possible get clocked going 46 and that according to the law is reason enough to give me a ticket...
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The proposed law this year is in the same format as previous proposals, the speed limit will be a "prima facie" limit based on the unreasonable speed concept and not an "absolute" limit, as found in nearby Maine.
The difference? Significant to law enforcement personnel.
In Maine and other States that have "absolute" speed limits, it is an accepted concept that regardless of conditions any speed over the posted limit is proof of guilt.
In New Hampshire the proposed boating speed limits will be based on the same principles as our terrestial limits, the "prima facie" and "unreasonable speed" concept.
Simply stated, while any spped over the posted limit is "prima facie" evidence that an offense has occured, the operator can use an affirmative defense that given the time, place and conditions the speed at the time was not "unreasonable".
Let's say that it is 5:00 PM on a Wednesday afternoon in the middle of the Broads. Its a bright and clear day with unlimited visibility. Its only you and the MP radar boat. You will not receive a ticket for 46 in a 45 unless that poor MP officer never wants to face the wrath of that particular court again.
It is a pretty poorly kept secret that in New Hampshire, depending on the Department, the leeway under normal conditions to succesfully get a conviction before a Municipal Court judge is anywhere from 10 to 15 MPH over the posted limit.
How would I know? Been there, done that on the prosecution side many, many times...and as some of you already suspected I am a certified radar operator in the State with a number of years experience.
Be forewarned however that you can be successfully prosecuted for unreasonable speed if you are at or below the posted limit if conditions warrant. Case in point, you are in that same area in a dense fog or rain (you will have to pass awfully close to the MP boat for a reading, radar doesn't like those conditions) and extremely limited visibility, and you are doing 45 in a 45. This isn't an issue on a roadway as in most cases you will pass within feet of the radar unit. Do the same on the Lake and you will be facing different or additional charges!
Still not going to take a side in this debate, but I have been greatly disturbed by the misinformation and hyperbole expressed on
both sides of the issue in reference to the technical and legal aspects of the proposed legislation.
As always, please feel free to PM me anytime if you have specific legal or technical questions...if I can't get you a direct and correct answer I'll point you in the direction of someone that can!
Debate away.....
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