Waterbury, CT asked in Criminal Law and Traffic Tickets for New Hampshire

Q: Out of gas off the highway,can officers require proof of id and registration?

It led to driving on suspended.

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1 Lawyer Answer
Leonard D. Harden
Leonard D. Harden
Answered
  • Criminal Law Lawyer
  • Lebanon, NH
  • Licensed in New Hampshire

A: Yes, police in NH can demand license and registration. The issue may be was there another person who could have been the driver.

See RSA265:4 Disobeying an Officer. –

I. No person, while driving or in charge of a vehicle, shall:

(a) Refuse, when requested by a law enforcement officer, to give his name, address, date of birth, and the name and address of the owner of such vehicle;

(b) Give a false name, date of birth, address, name and address of the owner of such vehicle, or any other false information to a law enforcement officer that would hinder the law enforcement officer from properly identifying the person in charge of such motor vehicle;

(c) Purposely neglect to stop when signaled to stop by any law enforcement officer 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 law enforcement officer by increasing speed, extinguishing headlamps while still in motion or abandoning a vehicle while being pursued;

(d) Refuse, on demand of such officer, to sign his name in the presence of such officer;

(e) Refuse, on demand of such officer, to produce his license to drive such vehicle or his certificate of registration or to permit such officer to take the license or certificate in hand for the purpose of examination;

(f) Refuse or neglect to produce his license when requested by a court or justice, or refuse to surrender to the director or to any authorized employee of the department or other authorized representative of the director any license, registration certificate or number plate upon demand after suspension or revocation of the same.

II. Any person who violates any provision of paragraph I of this section may have his or her license or privilege to drive and any registrations issued in his or her name suspended. In addition, any person who violates the provisions of subparagraphs I (a), (b), (d), (e), or (f) of this section shall be guilty of a class A misdemeanor.

III. (a) In addition to the penalties listed in paragraph II, any person who violates the provisions of subparagraph I(c) shall be guilty of a class A misdemeanor and shall be fined not less than $500.

(b) Any person who violates the provisions of subparagraph I(c), and is involved in a motor vehicle accident which causes serious bodily injury as defined in RSA 625:11, VI while being pursued, shall be guilty of a class B felony.

(c) Any person who violates the provisions of subparagraph I(c), and is involved in a motor vehicle accident which causes the death of another while being pursued, shall be guilty of a class A felony.

Source. 1911, 133:21. 1921, 119:20. PL 102:19. RL 118:21. RSA 262:26. 1955, 143:1. 1981, 146:1; 479:5, 27. 1987, 221:1. 2002, 213:1, 2, eff. Jan. 1, 2003.

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