Quote:
Originally Posted by Lakegeezer
I read the text and am not a lawyer, but it seems to me that if you produce your boaters certificate, do not act invasive and show your face, the officer has all he legally is entitled to. Your face is on file at the state where you got your license, and most likely with DHS. They can transmit your mug shot to the officer if he really needs the ID. If they don't have the technology on board, they have to do with that they got. I, for one, am NOT carrying my drivers license on my boat. I've seen a wallet go into the drink before and you know the saying... "fool me once, won't get fooled again".
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Good points....and things always go a lot smoother if everyone (the operator & the officer) cooperates during a stop.
Couple of points.
The law is clear (RSA 270:12-b) and if the officer asks for a positive means of identification you must produce it to comply.
Now in the real world there would be many circumstances where the officer may be completely satisfied with a glance at your boater license, or feel comfortable after a series of questions that you have established your identity to him/her. There are many ways an experienced officer can determine your identity on scene if you are being cooperative. And the key word here is coperative.
That said, be prepared to produce your driver's license or have that information available if you are going to get a summons.
Why?
Because if you are speeding on Lake Winnipesukee, or if you commit a violation of any of the general boating requirement contained under RSA 270: D-2 while on Winni
or any other body of water in New Hampshire the offense will be reported back to NHDMV. In order for the information to be recorded accurately the officer will need to obtain key information (including driver license number) to be recorded on the summons itself.
Also, there is no ability to transmit photos to most NH law enforcement officials real time in the field. It's coming, but it is still a long way off. Officer's do have the ability, via radio or phone, to verify information like height, weight, hair color and partial social security number information with a cooperative individual.
Given the example in your post, a cooperative individual can usually supply the officer with enough information, under normal circumstances, to satisfy the State's legal requirment.
Once again, it all hinges on the circumstance of the stop and the demeanor of the individual being stopped.