Here's a new one

[Luckyb]

What is the name of your state (only U.S. law)? RI

I received a ticket from the NH State Police today for 80 in a 65. The officer did not witness me speeding. The ticket was based on a radio call from a NH Fire Marshall that was traveling with me who allegedly clocked me speeding. He then (I'm assuming this part) called the trooper who was parked in the median and pulled in behind me after I went through the toll. I was aware of the trooper and was traveling at the speed limit. He then pulled me over, the Fire Marshall briefly pulled over in front of me then took off. After the officer wrote the speeding ticket he informed me that the "officer" in the other car clocked me for 1/2 a mile doing 80 MPH. I then stated that the car had a Fire Marshall sign on it, which he verified. I was amazed and asked how he could possibly ticket me based on a Fire Marshall clocking my speed. He replied that they are trained in the same cars as the police. I then told him I was following him for a couple of miles. I also asked him if it was OK for the Fire Marshall to speed. He didn't have an answer. How can this possibly stand up in court?

 

[Kiawah]

I wonder if the speedometer in a fire marshall vehicle is periodically checked for accuracy

 

[Luckyb]

I wonder if the speedometer in a fire marshall vehicle is periodically checked for accuracy

That's an obvious one, not to mention, I was either behind him, or passing him right up until we slowed for the toll booth, and the most obvious, what possibly qualifies a Fire Marshall to clock a driver?

 

[Jim_bo]

I think that is an excellent point you made. If he paced you for a half mile, then you could certainly ask he cop why he didn't ticket the fire marshall. You should ask the cop if you are convicted, will he ticket the fire marshall based on your complaint as he ticket you based on his.

Well... the most obvious thing is that the fire marshall will have to appear in court to testify against you. You can beat the snot out of him with questions like calibration, training, # of times he has paced vehicles, etc. Also... is NH a no cell phone state? If so, why was the fire marshall on the phone while driving?

 

[I_Got_Banned]

I must agree with everything that was said so far except.... New Hampshire does not have any laws banning Cell phone use!

But hey, you got enough without that!

Go get 'em Luckyb!!!!

 

[FlyingRon]

The state fire marshall is a law enforcement organization.

 

[Luckyb]

The state fire marshall is a law enforcement organization.

Maybe so, but not a traffic enforcement organization.

 

[patstew]

Maybe so, but not a traffic enforcement organization.

Guess you'll find out about that when you go to court.

 

[Maestro64]

Maybe so, but not a traffic enforcement organization.

That depends on the state, some states have specific rules about whether an officer who is not on traffic enforcement can actual enforce traffic laws.

However in your case he did not do that, he radio ahead and had a police officer issue the ticket. So it is no different than any complain filed by any person.

Did the officer write on the ticket any information that the ticket was issued based on someone else's observation. If not this will go in your favor if you choose to contest the ticket since the officer may not remember the circumstances behind the ticket when he gets a request to show up in court. As it was also pointed out you have the opportunity to discredit the pace for a number of reason.

 

[Luckyb]

This is what I found regarding the duties of a NH Fire Marshall:

Section 153:4-a Duties of State Fire Marshal.
New Hampshire Code All US State Codes

--------------------------------------------------------------------------------
Code Resources
New Hampshire Resources
New Hampshire Website
New Hampshire Governor
New Hampshire Legislature
New Hampshire Courts


Search this Code
in Google Scholar

on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search


in the News
Google News Search
Google News Archive Search
Yahoo! News Search

in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search

in other Databases
Google Book Search

I. The state fire marshal shall have the power to approve, disapprove, or allow exceptions to any fire safety rule of any state agency except fire safety rules established under RSA 227-L. The state fire marshal shall be responsible for supervising and enforcing all laws of the state relative to the protection of life and property from fire, fire hazards and related matters, and for certifying private firefighting units. The state fire marshal shall also assist the several counties, cities, towns, village districts, and precincts in supervising and enforcing local laws, bylaws, and ordinances where existent, relative to (a) the prevention of fires; (b) the storage, sale and use of combustibles; (c) the installation and maintenance of automatic or other fire alarm systems and fire extinguishing equipment; (d) the construction, maintenance, and regulation of fire escapes; (e) the means and adequacy of exit, in case of fire, from factories, asylums, hotels, hospitals, churches, schools, halls, theaters, amphitheaters, nursing and convalescent homes, and all other places in which numbers of persons work, live or congregate from time to time for any purpose; (f) the investigation of the cause, origin, and circumstances of fires; and (g) the transportation, storage, and physical handling of flammable liquids and gases which he believes dangerous to the lives or safety of the citizens of the state.
II. It shall be his duty and responsibility to coordinate the activities of his office with duly authorized city, town and village district, fire and building department officials and other state and local agencies required and authorized by state statutes or local ordinances to develop or enforce fire safety regulations. It shall further be the duty and responsibility of the state fire marshal to assist, cooperate with, advise and counsel the officials responsible as designated by local ordinance or charter for the organization and efficient operation of fire departments and other fire protection organizations when held to be in the best interest of public safety.
III. The state fire marshal, or his designee, shall have access to any and all incidents involving hazardous materials and shall coordinate the activities of state services during a hazardous materials incident. The state fire marshal, or his designee, shall assume control of a hazardous materials incident at the request of the local fire chief or fire official in charge, or if the state fire marshal or his designee believes that the welfare of the public is not being appropriately served. When the state fire marshal, or his designee, assumes control of a hazardous materials incident he shall have all the authority outlined in RSA 154:7.
IV. To promote the efficient discharge of his lawful duties, the state fire marshal or his designee may issue citations for violations of fire safety rules under RSA 106-A:4-b.
Source. 1971, 486:3. 1975, 442:3. 1977, 361:1. 1979, 344:5. 1983, 101:2. 1986, 102:3. 1989, 309:3. 1995, 299:7, eff. Jan. 1, 1996.

 

[Luckyb]

That depends on the state, some states have specific rules about whether an officer who is not on traffic enforcement can actual enforce traffic laws.

However in your case he did not do that, he radio ahead and had a police officer issue the ticket. So it is no different than any complain filed by any person.

Did the officer write on the ticket any information that the ticket was issued based on someone else's observation. If not this will go in your favor if you choose to contest the ticket since the officer may not remember the circumstances behind the ticket when he gets a request to show up in court. As it was also pointed out you have the opportunity to discredit the pace for a number of reason.

He didn't write anything other than checking off speeding, and writing in 80.