Quote:
Originally Posted by kchace
Actually, the rules for pulling over a car and a boat are completely different. The MP (or Coast Guard et al) do not need ANY reason at all to stop a boat and check it out. ...
Ken
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I believe a recent NH Supreme Court decision said that was incorrect. NH police including NHMP need probable cause for stops. No more random "safety inspections" was the main result. It's possible they can do BWI check-points the same as land police do for DWI, and they have been accused of "forcing" '150ft rule' violations to justify a stop.
Once they stop your boat for anything they can then do a safety check and if they observe behaviors that indicate intoxicaton, or turn up other violations, they can act. This is probably something a good lawyer could get thrown out if you can afford to fight it through apeals. I'm sure our legal expert, Skip, will clarifiy this if I'm too far off the mark. Still it's safer to behave than trust the court will see it your way.
Good luck!
07-05-2008, 09:05 PM
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