Quote:
Originally Posted by Bear Islander
...One reason a boating violation will show up on your driving record is because the opposition took a "NO LIMITS" attitude and refused to work toward a compromise. Had they been more reasonable, we might have had legislation that made more of us happy. Or at least less unhappy...
|
I agree, and also want to point out that this will, over time, prove to weaken the proposed law.
There are very clear cut and well accepted principles (whether we agree with them or not) for the determination of particular speed zones in the State. And while there is little dispute that gross offenses such as Reckless Operation & Boating or Driving While Intoxicated violations cross all boundaries for reporting purposes whether on OHRVs, snowmobiles & motor vehicles the lines are very blurred when you are now dealing with a boat speed limit.
Remember, judges are human beings, and virtually all of the judges I have dealt with over the years are very fair & understanding human beings, especially at the District/Municipal Court level. If you get a ticket for a boat speed limit infraction and you have an otherwise "clean" motor vehicle record, many judges will be hesitant to assess points on your driver's record for a recreational speeding offense. As it stands now, many judges will simply place an offense on file with no finding if you appear before them and plea your case.
Now, if you already have a lengthy motor vehicle record and come in with a boat speeding ticket, that same common sense the judge let prevail on the innocent or "placed on file" verdict the good guy got just in line ahead of you, well...don't expect the same courtesy.
This will also open up potential conflicts with neighboring states that have reciprocal agreements with New Hampshire regarding the reporting and points over "traffic" offenses. While speeding on a roadway in NH is akin to speeding on a roadway in, say, Maine....boating and highway speeding are definitely apples & oranges. If Maine and other States that do not recognize boating speed limits balk at including NH boating offenses in their data bases, there is nothing the State of New Hampshire can do. Likewise a Maine resident (or any resident that's State does not have reciprocal boating points offenses) will be able to easily petition their respective Motor Vehicle Department to have any such NH bases annotations removed.
One of the issues that was so difficult in implementing nationwide reciprocity (and we're still not there yet) is the lack of a universal motor vehicle code across the States. One of the fears in implementing and maintaining the system is when an individual State defines an act as a reportable offense that some or many of the reciprocal States do not recognize.
Bear Islander is being painfully honest is his assertation that: "...
One reason a boating violation will show up on your driving record is because the opposition took a "NO LIMITS" attitude and refused to work toward a compromise. Had they been more reasonable..."
While that is an honest appraisal of the situation, it would be hard to characterize it as a rational or well thought out policy. The devil is always in the details, and this detail may prove to be very "devilish" when boating points are attempted to be tied to out-of-state license holders.
