100 MPH Through No Wake Zone?

[jmen24]

Originally Posted by pm203

True. But, that's on the road. The lake and lake violations are a different story.

I agree and you are probably right. Unfortunately we have no idea what a violation on the water will add for points.

The problem that happens when you start racking up points on the road, is the local PD has your number and they start paying very close attention to what you are doing and keep an eye out for you. I would think the MP would do the same thing.

[Rotor]

I had the ear of a MP last evening at the Pembroke Old Home Day and since I was interested, I asked for his take on the matter.

1) As far as he knew (and he admitted he might be wrong) only D.U.I goes against your motor vehicle license, but he can cut your license up on the spot for that.

2) If they felt he was evading (failure to stop) he was look at going straight to jail.

[VtSteve]

I'd agree with that. Failing to stop for a LEO should mean cuffs. His not stopping should provide for stiffer penalties than just going that cray speed through a NWZ. I'd treat it the same as a C&N on the road with failure to stop and evading.

[Skip]

Originally Posted by Rotor

I had the ear of a MP last evening at the Pembroke Old Home Day and since I was interested, I asked for his take on the matter.

1) As far as he knew (and he admitted he might be wrong) only D.U.I goes against your motor vehicle license, but he can cut your license up on the spot for that.

2) If they felt he was evading (failure to stop) he was look at going straight to jail.

Reference #1: As has been covered numerous times in various other posts here, all violations of the General Boating Laws will be reported to the Director of Motor Vehicles. This applies to any violation Statewide, not just on Lake winnipesaukee.

Additionally no law enforcement officer has the authority to "cut up" anyone's license. If you test over the limit or refuse to submit to a test, the arresting officer confiscates your license and sends it to DMV, he does not destroy it. In it's place you are given a paper temporary license good for 30 days during which time you can appeal and ask for a hearing at DMV.

Reference #2: If the individual is placed in custody for any offense the arresting officer takes him to the nearest facility to process the arrest. During this process a bail commissioner is contacted and the commissioner sets bail, not the officer. If the individual cannot meet bail requirements he then is transported to a holding facility. However the arresting officer doesn't and can't just take anyone "straight to jail"

In both cases a fundamental right of due process covers the way an individual is handled and processed during an arrest.

All that said I have learned a long time ago not to attribute too much concern over a third party version of a supposed conversation.

If the NHMP actually operated in the manner described above, believe you me we would have been aware of major civil rights lawsuits against that agency!

[Rotor]

Originally Posted by Skip

Reference #1: As has been covered numerous times in various other posts here, all violations of the General Boating Laws will be reported to the Director of Motor Vehicles. This applies to any violation Statewide, not just on Lake winnipesaukee.

Additionally no law enforcement officer has the authority to "cut up" anyone's license. If you test over the limit or refuse to submit to a test, the arresting officer confiscates your license and sends it to DMV, he does not destroy it. In it's place you are given a paper temporary license good for 30 days during which time you can appeal and ask for a hearing at DMV.

Reference #2: If the individual is placed in custody for any offense the arresting officer takes him to the nearest facility to process the arrest. During this process a bail commissioner is contacted and the commissioner sets bail, not the officer. If the individual cannot meet bail requirements he then is transported to a holding facility. However the arresting officer doesn't and can't just take anyone "straight to jail"

In both cases a fundamental right of due process covers the way an individual is handled and processed during an arrest.

All that said I have learned a long time ago not to attribute too much concern over a third party version of a supposed conversation.

If the NHMP actually operated in the manner described above, believe you me we would have been aware of major civil rights lawsuits against that agency!

He admitted that he might be wrong, and I related that.
"Straight to jail" was a figure of speech. impling that the consequences could be very severe.
He was pretty convinced he could "cut up" (his words) a licence for a DUI on the spot though.

I was attempting to relate the position of the officer I was speaking to.

There are a lot of posts on this forum and I am new, so please excuse me if I was unaware that this material had been previousy covered.
(At least I attempted a reasonable on topic post that was not just my opinion.)

[RI Swamp Yankee]

Originally Posted by Skip

....
Reference #2: If the individual is placed in custody for any offense the arresting officer takes him to the nearest facility to process the arrest. During this process a bail commissioner is contacted and the commissioner sets bail, not the officer. If the individual cannot meet bail requirements he then is transported to a holding facility. However the arresting officer doesn't and can't just take anyone "straight to jail"....

That must be only a NH thing, doesn't work that way in RI.

[BroadHopper]

Originally Posted by Skip

Reference #2: If the individual is placed in custody for any offense the arresting officer takes him to the nearest facility to process the arrest. During this process a bail commissioner is contacted and the commissioner sets bail, not the officer. If the individual cannot meet bail requirements he then is transported to a holding facility. However the arresting officer doesn't and can't just take anyone "straight to jail"

If I had known that 20 years ago, Meredith PD will be in deep dudu. I was arrested for BUI early Sunday morning. Because he was the only officer on duty that morning, he had to transport me to the Belknap County Jail. The sherriff dept called a bondsman and I was release. I had to find my own ride home.

FYI, I was found innocent in Superior Court as I had .00 on the breathalyzer.

[NHBUOY]

...can I get an answer to my post.?..not obfuscation......