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Old 06-08-2008, 08:49 PM   #46
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Exclamation Misdemeanor Offense (RSA 270:12-b)

Quote:
Originally Posted by 2Blackdogs View Post
Any convicted BWI can take an on-line exam from a different state, shuffle their identity names/initials, "err" on a number or two, and magically re-appear on Winni.

Nobody certifies the information on the boating certificate.

Like in the purchase of alcohol, nobody should accept the certificate on face value and neither should the MPs use it as identification.

You are absolutely correct, the NHMP should not use the "revocable" NH boating certificate from this State, or any certificate from any other State as identification. And that is why they will hold you, as authorized under RSA 270:12-b until you provide a positive means of identification that can be verified through SPOTS back at dispatch. Specifically:

270:12-b Disobeying an Officer. –
I. No person, while operating or otherwise in charge of a vessel, raft, or float of any kind, type, or character or an amphibian or pontoon aircraft under step speed shall:
(a) Knowingly refuse, when requested by a peace officer or agent of the director, to give his name, address, and date of birth, and the name and address of the owner of the vessel, raft, float or amphibian or pontoon aircraft of any kind, type, or character;
(b) Knowingly refuse, on demand of a peace officer or agent of the director, to sign his name in the presence of such officer or agent;
(c) Knowingly refuse, on demand of a peace officer or agent of the director, to produce some means of positive identification such as a driver's license, passport, or other document, or to verify his identity by some other means so that the identity of the operator or person otherwise in charge of a vessel can be determined with reasonable certainty by such peace officer or agent of the director;
(d) Knowingly neglect to stop when signaled to stop by any peace officer or agent of the director, who is in uniform or who displays his badge conspicuously on the outside of his outer coat or garment, or who signals such person to stop by means of any authorized audible or visual emergency warning signals; or otherwise willfully attempt to elude pursuit by a peace officer or agent of the director by increasing speed, extinguishing lights while still in motion, or abandoning a vessel while being pursued;
(e) Knowingly refuse, when requested by a peace officer or agent of the director, to:
(1) direct said amphibian or pontoon aircraft, vessel, raft, or float to shore or to any dock, wharf, or mooring designated by said officer or agent;
(2) follow any vessel operated or controlled by any peace officer or agent of the director to any point on shore, or any wharf or mooring designated by said officer or agent; or
(3) allow said officer or agent to direct or tow said boat, raft, or float to any point on shore or to any dock, wharf, or mooring.
II. Any person who fails to comply with the requirements of this section or provides a false name, address, or date of birth shall be guilty of a misdemeanor.


The scenario you surmise in your opening paragraph will result in the offender being charged with a misdemeanor. In addition, operating after revocation for drugs or alcohol will also result in additional misdemeanor charges. Believe me, an arrest under the conditions you suggest makes a NHMP officer's day, and NH judges historically throw the book at offenses as you describe as deterrent for future offenses. Many inmates at NH County Jails have been caught doing just as you described, albeit on the motor vehicle side.

For those of you that may be curious, NHMP HQ (Dispatch) is fully integrated with the NH State Police and FBI SPOTS systems, giving NHMP officers full access to all 50 States and a number of foreign jurisdiction data bases. Also, a number of vessels plying Winni & the coast are having the Project 54 systems installed onboard, which gives the officer in the field full access to the same databases without even going through dispatch. Smaller vessels can contact supervisor based P54 platforms via radio or cell phone along with dispatch 24/7. And the beauty of the system? The data transfer is instantaneous, due to substantial nationwide upgrades installed post 9/11.

I can just about guarantee that if you are stupid enough to attempt what was suggested in the previous post, you will spend at least a portion of your penalty at one of our finer countywide run inns & resorts.

I'll make sure to beep the horn as I pass you roadside while you're mowing or bagging trash!
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