Quote:
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.
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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!