While heading out of town on Route 9 to testify at some state house committee hearings, David, Darryl and I were pulled over by Keene police Sgt. Jason Short. Short had noticed the yellow Shire license plate on the back of the peace cruiser, pulled us, and proceeded to pore over his book of NH RSAs to see with what he could charge me.
He really couldn’t find anything, since the car is legally registered in Wisconsin to a corporation, so he wrote me a ticket for allegedly being a “resident” and not getting a NH driver’s license under RSA 263:35, which states:
Notwithstanding the provisions of RSA 261:44 or any other law to the contrary, any nonresident driver of a motor vehicle who holds a valid driver’s license in another jurisdiction, upon the establishment of a bona fide residency in this state, shall have a maximum of 60 days from the date his residency was established to obtain a driver’s license issued by the state of New Hampshire.
How does one establish “bona fide residency”? The statutes don’t have those terms defined, but they do define “residency” which is a legal term distinct from “inhabitant”. RSA 21:6 states:
A resident or inhabitant or both of this state and of any city, town or other political subdivision of this state shall be a person who is domiciled or has a place of abode or both in this state and in any city, town or other political subdivision of this state, and who has, through all of his actions, demonstrated a current intent to designate that place of abode as his principal place of physical presence for the indefinite future to the exclusion of all others.
Notice that inhabitant and resident are both defined in the same way. It appears that residency is something that must be actively sought. Why anyone would want to do this, I’m not certain. No benefit is conferred by being a resident, only new demands and taxes. Like, for instance, getting a NH license and registering vehicles.
In the video (some bad audio due to road noise), Jason Short argues that he’ll be able to prove I’m a resident because I have lived here a long time and run for office. However, as the evidence will show at trial, in my recent filing for School Board I crossed out “reside” and wrote in “am domiciled”. The application was accepted with the modification, so clearly one does not need to be a resident to run for office. With regard to the claim that I’m a “resident” because I’ve lived here a while, RSA 259:88 makes it pretty clear that one must actively choose to be a resident:
“Resident” shall mean a resident of the state as defined in RSA 21:6, except that no person shall be deemed to be a resident who claims residence in any other state for any purpose.
Arraignment is set for 3/6 at 8:30a in Keene District Court. They have been wanting to get me for this for a long time. We’re going to trial and that should be a good time to ask some interesting questions about obligations and residency and such.
Once again, kudos to Officer Short. He was very friendly and professional. I feel that once again warrants mentioning.
He wiped his bum and looked both ways before crossing. Gold stars for everyone for doing what they’re supposed to.
Actually, for a person who is constantly critical of the police like Ian is, and has had and documented MANY negative encounters (attitude, not outcome) interactions like this one with Officer Short should be pointed out as how they WANT police to act.
Boot lickers and flag wavers WANT to the police to shake down people who don’t file papers with the police state.
Everyone else does NOT WANT to be extorted by the police so they can harass people for not having the right kind of papers the police state demands.
I’d classify this as a negative encounter. As he was threatened with kidnapping will be placed in a cage, unless he appears before a man wearing an over-sized black dress.
Dude, read your own quotes. Saying you are domiciled here makes you a resident.
I read the quotes, I’m not seeing it. Can you walk me through it?
Being domiciled is one element of being a resident:
RSA 21:6 -“A resident or inhabitant or both of this state …..shall be a person who is domiciled”
2d element is:
“who has, through all of his actions, demonstrated a current intent to designate that place of abode as his principal place of physical presence for the indefinite future to the exclusion of all others.”
“A resident or inhabitant or both of this state”
So one can be a resident without being an inhabitant, OR an inhabitant without being a resident. That’s what the word “or” means.
If they were dependent, as you assert, there would not be the word “or”, and it would be impossible to be “both”.
How can it be impossible to be both when the statute specifically says “or both of this state”. The statute specifically uses three scenarios:
-resident (or)
-inhabitant (or)
-both resident and inhabitant
My point was merely that being “domiciled” is one element of being a resident. It is also an element of being an inhabitant.
“My point was merely that being “domiciled” is one element of being a resident. It is also an element of being an inhabitant.”
So? Only one of those leads to the law requiring getting a New Hampshire DL, not both.
[…] View original article. […]
They’re actually reading the laws now?
No victim, no crime.
OMG! Ian, you’ll just have to move now. They’re on to you, now, Bro…
With Panetta stepping down, Your cell- the whole cell, not just u&mark,
is getting transferred to DHS…*Don’t you get it*???…I TOLD you this would happen right after Obama got re-elected…what you think MSGT Short was hassling your *residency* for?????…….he’s trying to warn you, too…why you think he shooed the Trooper???…don’t be an idiot…turtle, and loud penguin…eschelon up, you’re really puushing string on THAT line…)
I like the conversational style of that police officer. He was friendly, personal, and as far from being abusive as one could ever hope. I have no doubt that if push ever comes to shove, this officer will have a warm smile on his face and kind words of reassurance on his tongue as he hands you over to the warden of the FEMA camp.
Scott is a troll
It saddens me that you have to resort to name calling. Much like you, I am entitled to my opinion. I read a lot of the things on this site. Some I agree with, others I do not. Please respect my right to share my opinion and I will do the same for you.
Should the continued harassment and financial ruination not convince you to leave, I expect the next thing they’ll do is dust off the torches and pitchforks, maybe gather up an old-fashioned stoning or stake-burning.
Keene Underbosses have gotten very angry lately.
[…] The Keene police are coming after me for a violation level offense regarding not getting a driver’s license in NH after allegedly establishing “residency”. My arraignment on the charge is this week. […]
[…] The Keene police are coming after me for a violation level offense regarding not getting a driver’s license in NH after allegedly establishing “residency”. My arraignment on the charge is this week. […]
“Arraignment is set for 3/6 at 8:30a in Keene District Court. They have
been wanting to get me for this for a long time. We’re going to trial
and that should be a good time to ask some interesting questions about
obligations and residency and such.”
Did I miss the update on this case? Was there an arraignment and trial date set?
They are truly unbelievable. They are so full of hate for all you and the others represent (and the growing population elsewhere), that they clearly are fuming and literally starting to go so far off of the edge that it is laughable and pathetic. If they weren’t so evildoing, I would almost feel sorry for them. Hang in and hang on. Remember. You have right on your side and truth and you’re so much smarter and this is catching attention.