Is passenger restriction rules in NH a Secondary Enforcement law?
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Is passenger restriction rules in NH a Secondary Enforcement law?
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Is a police officer allowed to pull a person over to find out if they are still driving within the probationary time imposed on new drivers. I would think this would fall under the secondary action law, just as seat belt usage. Although my daughter was 3 weeks away from the passenger restriction on her license, she was pulled over and the cop told me, he pulled her over because she had 2 passengers in the car. The only reason!
Thanx, Gary
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Julianna G (Duck with a gun)
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I can't find any information stating whether it is primary or secondary, but it would seem that would fall under antidiscrimination laws. Unless she clearly looked under sixteen, it's pretty hard to tell at a glance whether someone's too young to have passengers in the car, especially if she's that close to meeting the standard. If the only reason the officer pulled her over was because there were passengers in her car, and he did not know her personally and therefore have actual knowledge that she was not allowed to have them there, the appearance of age discrimination exists. In most states, a police officer is not allowed to pull someone over unless they observe them actually breaking a law. It would be possible to get this thrown out on that basis, or at least be the basis of a discrimination suit against that officer. |
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