Thread: Proposed Law
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Old 01-03-2008, 01:05 AM   #36
jeffk
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Default Speeding is a NON CRIMINAL offense

Quote:
Originally Posted by Acres per Second View Post
Had the speed limit law been in effect then, the perp would be in jail for the commensurate number of years for the homicide.
This assertion keeps coming up from proponents of a speed limit and it is simply nonsense.

This http://www.nhtsa.dot.gov/PEOPLE/INJU...oc/nhspeed.pdf provides a summary of NH automotive speeding laws. While a boating speed limit has yet to be finalized I doubt the penalties would be more harsh than the automotive counterpart. Others are better at providing law quotes than I but I get the following information (my bolding).

Adjudication of Speed Law Violations:
Civil/Criminal Adjudication of Violation: All Speed Law Offenses are Violations.5 ''265:2 & 625:9, II(b)
Other:
Sanctions Following an Adjudication of a Speed Law Violation:
Criminal Sanctions:
Imprisonment:
Term (Day, Month, Years,
Etc.): None
Mandatory Minimum Term:
Fine:
Amount ($ Range): Not more than $1,000 '651:2, IV(a)
Mandatory Min. Fine ($): None
Other Penalties:
Traffic School: An offender may be required to attend a Driver Attitude Training program. '263:56-e
Other:
Licensing Action:
Type of Licensing Action
(Susp/Rev): I. Suspension via Court Order '263:57
II. Suspension via a Point System6 '263:56, I(c) & III
5
A violation is not classified as a crime. '625:9, II(b)


So in summary the worst anyone would get from a speeding violation is a non criminal fine of up to $1000 and possibly a suspended license.

I would venture to guess that Mr. Littlefield would have happily pleaded guilty to a speed limit violation and paid a $1000 fine rather than face the charges and penalties (felonies) he ended up with. It will not be something he will easily forget, versus a fine which would have been relatively trivial to him. He spent more talking to his lawyer for a few hours. Yes, he slipped past the BWI charge. Having a speed limit in place would have done NOTHING to change that.

If you look at automobile accidents involving speeding, the speeding charge is usually the least charge mentioned. Other charges carry far more weight and have criminal consequences. These laws already exist for boating plus additional ones and are what were used to convict Mr. Littlefield of his felony crimes.
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