There was an article in the Eagle-Tribune on May 14, 2007, that told how the Atkinson Police are going to be cracking down on speeding throughout the summer. That is all fine, well, and good, but in the article, Lt. Baldwin was quoted as saying; "If I catch anyone talking on a cell phone while they are speeding, I will give them a Negligent driving charge too."
This blog was curious so we read the RSA on reckless driving, here is the RSA;
265:79-b Negligent Driving. – Whoever upon any way drives a vehicle negligently or causes a vehicle to be driven negligently, as defined in RSA 626:2, I(d), or in a manner that endangers or is likely to endanger any person or property shall be guilty of a violation and shall be fined not less than $250 nor more than $500 for a first offense and not less than $500 nor more than $1,000 for a second or subsequent offense.
Source. 2001, 254:2, eff. Jan. 1, 2002. 2005, 267:1, eff. Jan. 1, 2006.
Now here is RSA 626:2, II(c) referred to therein;
626:2 General Requirements of Culpability. –
II. The following are culpable mental states:
(a) ""Purposely.'' A person acts purposely with respect to a material element of an offense when his conscious object is to cause the result or engage in the conduct that comprises the element.
(b) ""Knowingly.'' A person acts knowingly with respect to conduct or to a circumstance that is a material element of an offense when he is aware that his conduct is of such nature or that such circumstances exist.
(c) ""Recklessly.'' A person acts recklessly with respect to a material element of an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the circumstances known to him, its disregard constitutes a gross deviation from the conduct that a law-abiding person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of having voluntarily engaged in intoxication or hypnosis also acts recklessly with respect thereto.
(d) ""Negligently.'' A person acts negligently with respect to a material element of an offense when he fails to become aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that his failure to become aware of it constitutes a gross deviation from the conduct that a reasonable person would observe in the situation.
Now nowhere in these statutes is talking on a cell phone while driving banned, or considered reckless. While Mass. has passed a law declaring that practice to be a violation, NH has not, which means Lt. Baldwin does not have the authority to make it illegal. Nice try, LT. have to see how this practice works in court.
What was that old adage.....
Oh yes;
Absolute power, corrupts absolutely! There is no greater demonstration of this than the persons of Chief Consentino, Selectman Sapia, And to a lesser extent Lt. Baldwin.
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ATKINSON's Vietnam HONOR ROLL as VOTED and PASSED by 2005 Town Meeting and re-approved at Special Town Meeting Sept. 12
EDITORIAL-
A voice of compassion, an example of fairness and reasonable government.
One who believes in the strength and comfort you, your children and your family can draw from good government leadership.
A person who knows Atkinson is our home -- our most important possession that must be preserved and protected through fair taxes and sound community planning and where our children must be safe to grow to become a new generation of leaders.
One who knows that the citizens of Atkinson are all neighbors with her leadership to be dedicated and responsive to all.
One who believes that when those from Atkinson have served our nation and honors are deserved, those honors must be given.
In Valerie Tobin, we now have a leader we know we can entrust with these responsibilities because they are part of her character.
It is our honor to endorse Valerie for election to Atkinson’s Board of Selectmen.
Just a note for those who wish to count the deer.
In January 08 this blog had 16,000 hits and 1,500 unique visitors (for the month).
In 2007 this blog had over 100,000 hits and 5,750 unique visitors (for the year).
In 2007 this blog had over 100,000 hits and 5,750 unique visitors (for the year).
EDITORIAL-
"I offer nothing more than simple facts, plain arguments, and common sense . . ." [TP, 1776]
We take no small measure of umbrage at such a hostile official act against this BLOG’s patron. Therefore, a timely Editorial comment is both appropriate and necessary.
Discussion of Atkinson’s financial direction, from any viewpoint, is fundamental and encouraged and we will always attempt to limit and correct errors.
However, Righteous indignation towards purported error of such inconsequential nature is not appropriate.
The ENTIRE car deal is problematic. If it was caused by poor judgement, improper exercise of authority, neglect or mistake or even specious reasoning, this will never trump the facts that the entire questionable transaction started and ended within a very small circle of confidants.
We find the entire circumstances surrounding the disposition of the police Cruiser highly irregular at the least and the "explanations" somewhat trifling and exhaustive of our intellect.
Mr. Consentino: It’s time to go. Being Chief of Atkinson’s Police Department is NOT a birthright. That is a fabled legend of yesteryear.
Historically in Atkinson, police chief appointments were made "under the hand of the selectmen" for terms of one year at a time, as was also the case in the beginning of Mr. Consentino’s assorted and discontinuous stream of appointments to this position.
Your only remaining credential established on a claim of indispensability has faded.
So time is neigh. Plan a graceful exit, Clean out your desk, Accept the gratitude and tearful sentiments from some. We plan no editorial recriminations. It is time. Thank you for your service, We wish you a long and happy retirement. Bon Voyage.
LETTER
"To All Atkinson Residents,
I am writing to ask for your help. A member of the Atkinson Police Department needs our help. I am here to ask for your help in Corporal John Lapham's fight for his life. As you are aware, John has been diagnosed with Leukemia. He has been once again hospitalized with an infection that is threatening his life. He is one of the bravest people that I have ever met. He has never asked of anything from the residents of the town. Now is our chance to step up and help both him and his family out. As everyone is aware John has been out of work for a few months. His family has been busy helping John to get better. He needs our help, and I am hoping that this town can step up to the plate and help. From the moment that I met John, I have admired him. He does alot, but never asks for anything in return. He has helped so many people in this town. I for one am one of those people. Please help him.
There is a fund set-up in his name at TDBanknorth in Plaistow. Any amount will help John, while he is out of work. It would be great if this town could help ease a burden off his wife.
Thank You
Also if anyone would like to send a card, please address it to:
John Lapham
c/o Dana-Farber/Brigham and Women's Cancer Ctr.
Inpatient mail
75 Francis Street
Boston, MA 02115
United States
Please show Corporal John Lapham, that this community can stand up and show our support to those in need. I for one, miss John and can not wait until he can get better and return to work. Please show him that we support him. "
32 comments:
I get that ticket we'll be in court! No easy money for the town on that one
Me too! it is bad enough the courts are trying to take away our liberties, but now our own police Lt. is trying? Thats just wrong.
Hey Billy, just enforce the law, with some degree of judgement, dont try to make it!
Mr. Baldwin is simply following in the footsteps of his lawbreaking mentor.
Their motto is - "We are above the law and we can do whatever we want. If you don't like it, sue the town."
More lawsuits will follow against the town and it just costs the taxpayers more legal fees, but Town Counsel LOVES the incompetent leaders of Atkinson!!
The apathetic and the elderly in this town are ENABLING this to happen. I want to thank all the enablers for the tyrannical police state they support. I hold you responsible for this.
Sounds like grounds for immediate termination. He has stated, on the record, that he plans to violate his sworn oath to uphold the law.
So who wants to start the firing process? Sapia?
Will Lt. Baldwin also ticket the Atkinson Officers who drive & talk on the phone? I saw the Chief driving while talking on the phone the other day. That should be an interesting ticket...NOT
Everyone has to admit that they have seen a driver try to talk on the phone and navigate a turn [adjust the radio, drink their coffee, check on the kiddies in the back..etc] without any regard to the other drivers around them. With today's technology there isn't a reason why a person has to be holding their phone while driving. Is driving with a phone in your hand [in NH] illegal ..no, is it safe NO. Let's face it, it's right up there with applying make-up, eating, shaving and reading the newspaper; all of which are distracting you from doing what you are supposed to be doing, navigating a thousand pound [at least] piece of machinery down the road.
The ironic thing is that cell phone coverage in Atkinson is so bad, it's not really worth talking on your cell phone, behind the wheel or not!
I disagree I have never dropped a call with Verizon in Atkinson, with ATT I had problems.
Try Hampstead, I have never had a call that hasn't dropped there!
driving in a fully padded rubber suit might be safer too. But that does not mean it should be legislated.
Baldwin is clearly seems to be of the type that drawn to law enforcement for the "personal power trip," to be something. One would have hoped the psychiatric screening process would prevent these types from ever wearing a gun and badge.
The public record is full of absolute, incontestable reasons for termination.
Atkinson deserves officers who come to the service to protect and serve not scare and initmidate.
Although I am not at work and don't have the actual case citations in front of me, there have been many cases in at least 4 states that have ruled that talking on a cell phone in and of itself while driving is not reckless or negligent. That is why states like Mass. had to legisate it, because they couldn't make the charge stick otherwise.
Dear Publius,
I was made aware again of your bias,hatred and discontent with me as a professional in the law enforcement community in Atkinson, New Hampshire. It is painfully obvious that this blog is bias. it is full of miss information and it does not give the readers both sides of the story or situation. You speak of not posting things that are slanderous attacks, however, you are just as guilty of posting miss information against those you take issue with. In your recent posting, which I am referenced, it is full of miss information. On Monday's May 14, 2007 eagle tribune article "Police look to crack down on speeding", You Publius stated that I was quoted saying, "If I catch anyone talking on a cell phone while they are speeding, I will give then a Negligent driving charge too" I never said this quote nor is it printed in the article in the eagle tribune. However to clarify things, I did tell the reporter Eric Perry that any driver speeding while on the cell phone COULD ALSO be charged with negligent driving. The charge negligent driving is a violation offense. If any citizen would like a clarification on this statue please feel free to contact me at the Atkinson Police Department.
I hope the writers of this blog will take more time to get to know me professional. I care a great deal about the Atkinson community and the citizen I serve. I do not think I am above the law and nor would I abuse my position as a law enforcement officer that this community has entrusted me to do. I do not have a problem with people speaking there mind or having an opinion, I just want the information being told to be accurate. I respect this blogs opinions, however, I respectfully disagree with alot of the postings because they are bias and full of miss information. I thank the writers of this blog for allowing me to respond!
Respectfully yours,
William Badwin
Lt. Baldwin,
Thank you for your participation in this blog, I am sorry that you feel that we have been unfair to you, however I also noted that the only difference between your comments and the original article is that we used the word "will" and you used the word "could" semantics at best. As far as misinformation THis blog does not know what you mean; The RSa for Negligent driving is included in the article, along with the definitons RSA. This blog believes that we have given the reader all pertinent information, and they can make their own decisions.
Please visit again
Prior to busy body Massholes legislating it, driving while distracted, whether putting on make-up, reading a book or newspaper (yes, some were caught on camera doing this)was a consideration when determining fault in accident or an added infraction when stopped for something else.
Lighting a cigarette while driving, find the ash tray or worse, dropping a lit cigarette have cause numerous fatal crashes but it has never been suggested that smoking and driving should be illegal (except when children are in a car)
Cell phone use is just one of many distractions. It is the operators responsibility to maintain control of the vehicle. No legislation can guarantee that. It just makes busy bodies feel like they are doing something.
Fire Baldwin for breaking his oath of office.
Lt. Baldwin,
Your sincere and obviously heartfelt letter, I am sorry to say, now has me questioning your education, rather than your professionalism, as your grammar, sentence structure, syntax, and word usage are atrocious.
"It is painfully obvious that this blog is bias. it is full of miss information "
I think you meant is BIASED, and misinformation is one word and one S.
Misinformation is misspelled and quoted as two words throughout your post leading me to believe that this is your normal usage and spelling instead of just a typo.
You wish us to get to know you professional?
And you are the CHAIRMAN of the Timberlane School Board?
Is this wise?
anon 8:13 Go back through all the posts and you will find grammar and typing errors. you understood what being said so let's not stoop to the level of some of these people who only have negative things to say. I may not agree with what was written, but I'm not going to criticize how it was written.
Anon 9:35
I was a schoolteacher for 35 years, when someone uses a word like "misinformation" and uses it as "miss information" numerous times within a document, that is indicative of their normal writing patterns, not just a typo. This is especially appalling in the Chairman of the School Board. The changes in tense, singularity or plurality, could all be typos, but the correct spellign but incorrect usage of words like "there" where "their" should have been used, again, goes to education, or lack thereof. I will even be gracious and chalk up the incorrect punctuation, lack of capitalization, and other grammatical errors to a mind working faster than the hands can type, but the syntax errors, again reflect a substandard education, that is appalling in the Chairman of the School Board. How can you be responsible for running the schools when you are uneducated, yourself?
anon 9:44 true,true. but having put children through school there have been numerous times I have encountered some of their teachers who needed a bit of work on their English skills. as for being chairman of the school board, it is their job to govern not teach. we have only to look at some of the blunders our politicians (both local,state and most of all national [our current president]) have made to see that not everyone has a good command of the English language.
Y'all should get a life and stop the nit-picking on those who protect us when needed. Education??? Sounds like everyone who has contributed to this blog is of the same grade level Yeah, that includes you, the teacher who's been teaching for 35 years and believes s/he is so much better than others. I won't point out your flaws (just read it to yourself) but do keep in mind that education only gets you so far without common sense. Common sense will allow any cop, with the required State education level of only a high school graduate, to charge an individual in accordance with the RSA referenced in this blog with negligent driving if evidence shows that a cell phone was used "in a manner that endangers or is likely to endanger any person or property". It's becoming quite evident that personal/political views against the cops in this town by the bloggers are succumbing to a state of irrational societal culture. I hope y'all will think twice about dialing 911 the next time you need to, 'cause the way this blog is going with the views being expressed, it seems like y'all can handle emergencies better yourself and are the ones running the town.
I believe the point about the Negligent Driving ticket for cell phone use, was that it has been tried before and numerous courts have ruled that cell phone use while driving, even while exceeding the speed limit was neither reckless nor negligent. Now if you were sending a text message while you missed a turn and parked your car in some little old lady's living room, then, Yes you could be charged, but that was not the context of Lt. Baldwin's original comments.
I cant beleive how childish some of you are. Lt.Baldwin is truly a great guy who cares about the citizens of Atkinson. Not to metion this country. There are alot of kids and Adults out walking and riding there bikes around Atkinson. If the police can help prevent an accident waiting to happen I for one am all for that..Keep up the good work, Lt. thanks
anon @ 10:04
Thank you Lt. Baldwin for that unbiased assessment
Anon 10:04 - Do not patronize this audience.
We are tired of the "safety" BS motive we hear all of the time. The need for safety is self-evident.
You are once again using fear to manipulate perceptions. Why don't you come up with facts instead of playing on people's emotions? It is because you have no legal basis to charge drivers with violations against laws that don't exist. If you are so concerned about it, contact state officials and tell them to pass a new law.
But until our state creates a new one, just follow the laws we have!
CAN YOU DO THAT? CAN YOU JUST DO YOUR JOB AND STOP BEING LIKE THIS?
Just for your information that was not Lt. Baldwin who left the comment at 10:04 that was me an Atkinson Resident who has respect for the law inforcement officers who put their life on the line for us...thanks again
anon 3:38
ok, but i have question for you;
I am not making any value judgements just trying to be factual here,
How often are police officers in Atkinson's lives really in danger? objectively?
this is a serious question, so please don't give me the rhetorical hypothetical about anything could happen.
I am sure the police department could answer that question better then i could i dont know every situation that goes on in town.but i am sure people in Franconia felt the same way you did..thanks
What bothers me is when I get talked at as if being a police officer in Atkinson is as dangerous as being a New York City police officer on the drug enforcement unit.
Nobody is trying to demean the seriousness of police work in any town. The crime stats for this town are published on the Atkinson PD website. This is obviously not New York City. So when someone talks like it is, I hear the fear mongering and it tells me they are using a last ditch tactic by those who use political correctness as a tool to deflect criticism. It is more designed to put people on the defensive - "you can't criticize a police officer who puts his life on the line every day...."
BS.
The police in this town abuse their power and have taken control of our elections and we know it. And it is costing the taxpayers hundreds of thousands of tax dollars. And we know it.
That is the problem and Lt. Baldwin has become a tool for the Chief. And we know it.
So when the Lt. starts sounding like the chief, it just further demonstrates the depth and breadth of the chief's control and negative influence over his subordinates.
A REAL police officer would stand up to the chief and enforce the law rather than condone electioneering and illegal harrassment and intimidation of the townspeople.
So we are not interested in hearing the speech about Atkinson PD service. We have too many cops in too many vehicles chasing too little crime. And mostly working for the Dept. of Elderly Affairs inefficiently using expensive town resources. You have become part of the problem.
For Lt. Baldwin to regain his credibility, he has to enforce existing laws 100% of the time, not just part of the time.
You want respect? Become part of the solution and be a REAL police officer and do the job the town hired you to do.
AMEN! couldn't have said it better
I have heard mentioned in selectmen meetings about Mr. Acciard and Mrs. Grant getting tickets for leaving their cars running. I have heard Acciard say that the chief didn't even give him the tickets like a normal officer but had them served on him at his house. I have heard people in the Town Hall say that the chief screamed at MRs. Grant in the lobby of the Town Hall about her car running at the curb.
I see the chief three times a week at the village store, and almost every time he walks right past cars and trucks running while their drivers ar ein the store. I have never heard him mention that to the drivers. I have never heard him give them a warning, much less a ticket for that.
Why is the law enforced unequally? Isn't that a basic civil right in this country?
Anon May 29, 2007 4:15 PM - I've always thought the same thing. A violation is a violation. Enforce it evenly or don't enforce it at all. But are you surprised.? I'm not.
I have spoke with Lt. Baldwin on serveral occasions and he has ALWAYS been Respectful,and Professional. I do not feel intimidated.
anon @ 4:55
I never did either, until he was screaming at us at deliberative session when we asked reasonable questions about his proposal for an $800,000 tower.
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