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Police ties to towing company questioned

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By KRISTEN SENZ
Union Leader Correspondent

The company with connections to New London area police departments has some local residents and a competitor expressing concerns over a perceived conflict of interest.

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YOUR COMMENTS


First, if you do not drink and drive, you do not have an issue with being arrested and towed!!! Secondly, I have nothing but the utmost respect for Chief Seastrand. He is completely professional and New London is very lucky to have a Chief of this magnitude!
- Robin, Newbury

New London cops are the worst for treating people. I have been driving through New London for 12 years and the Police are awful to people. The Police cheif should be repromandid.
- Mark, Andover

As far as a conflict I don't see one. a conflict would be if he was on duty as a police officer and pulled up with a tow truck. we live free in or die in N.H. No one can tell another what they can do to make a living

They didn't brake the law and as far as I'm concerned most likly saved peoples lives with the service he offered
- Dan Vinal, Sunapee

New London's conflict of interest is clearly spelled out in the personnel policy handbook. Even Andersen's name was removed from ownership his wife's name is still involved. The last I knew, if the wife is making any income from the business so is the husband and vice versa. Police officers need to set a tone for everyone else. If they can get away with breaking policies, what kind of ideas does this give other people, including other officers in training. Unless their is a law that says that police have the right to impound your vehicle if they don't have proof you are intoxicated, they are really taking the law into their own hands. What else will they be able to take into their own hands? I am concerned with all of this.
- Ann, Sunapee

As a former Police Officer the law is written in black and white, NO GRAY AREA. One is either intoxicated or not intoxicated. A blood level below,o8 with other OUTSTANDING evidence, i.e. accident, crossing center line numerous times, etc. could indictate impaired criving, DUI. No officer can determine if one should drive if on the edge, one can suggest that they should not operate a motor vehicle. And least of all have their vehicle towed for safety reaasons ! The actions of Seastrand that this was not a conflict of interest is a TOTAL Joke upon him and his department. I won't even call him CHIEF ! I'm not sure if anyone knows this or not but the night of the check point and the location is rather interesting. The night was the night of New London Hospital grand opening of a new wing and the checkpoint was nearly across from the hospital. Rather interesting isn't it. I would like to see the Stte get involed in this, but I'm not sure that they can stand the stench coming from the waste treatment plant, I mean New London Police Department. STUPID IS as STUPID DOES.
- Will Beone, New London,NH

Hey, did anyone even stop to realize that the tow company complaining about not getting the job is located in LEBANON??!!
For those of you who might be geographically challenged, that's 30 MILES AWAY FROM NEW LONDON.

Hmmm....Let's see....Shall we call the tow company in the next town (Sunapee) or should we call a tow company that is as far away from New London as Salem, NH is from Boston, MA?

Geniuses....all of you.
- Mark, Bedford

You clearly missed the point of the article, but, check court news to see how many DWI's are/were proscuted in New London (court was closed by Govenor). The police, including Officer Andersen who owns this towing company run the checkpoint. You are deemed as having to much alcohol to drive but not to charge. What's the test for that? Your car is now towed by Officer Andersen's company. You tow 10 or 15 cars at $150 - 200, not a bad nights pay. It's certainly in the police interest to deem you unable to drive. No paper work for court just clear profit from police activities.

Yes, its a story and it smacks of ethical violations, conflicts of interest and more. Doesn't take a wizard to figure that out.

It also seems to be a common problem, didn't we just read about Manchester having some tow company problems?

It and more happens when cops begin to believe they are gods and above the law.
Seastrand's "as police chief, I can do that" says he thinks he is. We read about them every day, from thefts, pornography, assault and more. Worse, its not just the local level, its the State level too!
- CAT, Andover, NH

Much ado about nothing people. Seriously.
- Biff, Canterbury

To Rob in Milford

If you're UNDER THE LIMIT the Police have no grounds for detaining you or preventing you from continueing on your way.

The issue is one where the New London Police have over stepped their bounds and power as Police Officers.
- JP, Warner

I know the so called liability was not the point of the article...but with that said I want to weigh in anyway.

I have been an Officer for almost ten years, I have never been trained to detain people who "might" become intoxicated in the future because of concern over a possible rising blood alcohol content.
If the per se limit is not met (meaning the bac is over .08) then the decision factor has to be "impairment to any degree" I have never had any training to the contrary.

Simply put they are either impaired at the time you stop them or they are not, if they aren't I'm not trained in how to tell if their level is still going up...it might be coming down now, it might stay the same for an hour or so, how am I supposed to know?

I have given field sobriety to dozens of people who admitted to having consumed some alcohol. If they passed and I could not articulate impairment they were sent on their way.

On the side of the road "impairment to any degree" is really all an officer has to go on anway. There is case law that says the handheld breath test all by itself is not enough evidence to convict a driver. The Officer has to have made some other observations of impairment, ideally field sobriety tests. The desk mounted one at the police stations can be used all on its own to support a conviction though.

I hate to say this but it sounds like the Chief and his Officers are probably letting a lot of impaired drivers go because they are doubting themselves, some more training time should be invested to help them see the signs of impairment which at times can be subtle.
- Michael, Manchester

Brad, Manchester, NH - sorry, it's not the towns its the police department. See the headlines in this story.. I think they are getting a kick back.
- LeAnn, Pembroke

First of all everyone just ignore everything that Rob just posted. The "Kingston Case" otherwise known as Weldy v. Kingston has to do with a group of underage teenagers who were stopped by police in Kingston while they had alcohol in the car. The officer confiscated the alcohol and sent the teens on their way. The teens then got more alcohol, drank themselves silly, and the car crashed and a teen girl died. The gir's parents then sued the town of Kingston saying that the police should have taken their daughter into custody the first time so that she would still be alive. This is why police are so hard on underage drinkers now. The case says that law enforcement has to seize minors who have alcohol in their possession as well as the alcohol and, if a car is involved that too. It has nothing to do with an adult who has had a beer. Also, a driver actually has to show some sign of impairment in order to be arrested or taken into protective custody. For some people that is one drink and for others it is ten. You don't have to be above a .08 to be considered DWI. If you are impaired at a .05 you are still DWI. .08 is just the point where a person is legally intoxicated. .03 or under is considered legally sober.
- Sam, Concord

Chief Cahill proscutes the theft of Touchettes jeep himself when it involved another local police officer, then blames the County Attorney for not calling him. He should've been Cahills first call.

Seastrand states he & other officers discussed the need for transportation for less intoxicated people. Wow, Andersens company now offers it. Did Andersen work that detail also?

Seastrand says Andersen doesn't own the company. He did when the theft occurred, and he did until he filed for change 5 days before the checkpoint, but probably after the date had been set. Even in his wifes name, it's community property.

Then all these cars go to another cops property....Geez! Great work if you can get it, but you have to be a cop.

Andersen knew it was a violation of policy when he changed his name, a little to late, Cahill just ignored the policy and Seastrand "as Chief of Police, I can do that."

These are the guys that enforce law that we are suppose to abide by? Great!
- CAT, Andover, NH

JP, Warner and the rest of you back seat lawyers, due to liability, the police can not leave a persons car on the side of the road if they have someone pick them up. They also will not let anybody who shows signs of drinking to be allowed to drive.

It is known as the Kingston decision in NH.

That means if you have 1 beer you may not get arrested buy may need someone to pick you up and your vehicle. If nobody can drive your vehicle away it will be towed.

This is due to people that will sue the police if something happens to their vehicle of if they are allowed to drive away with having a drink.

people like JP, Warner who are very quick to presume a law suit.
- Rob, Milford

Couple of things here...Leann, towns do not make any money for cars being towed, only the tow company does, so there is no need for a town to tow cars as they see no profit from it, and it does not help close their budget at all, and FYI, towns do not make money from arrests or traffic tickets, that goes to the state, not the town directly.

Second, I would love to read some of your comments, if a driver went through a check point, had been drinking but was not over the legal limit, and they then went down the road, crashed and killed someone, all of you would be screaming that the police/courts failed us, and that the police don't know what they are doing. So, here we go again with a lose, lose situation for the police. Good thing I am not one.
- Brad, Manchester, NH

Pretty simple, they should do what any company does ( or should be doing ).... competitive bids...... apples to apples, spell out whats being quoted, make an educated decision based on that. That leaves no room for these types of conflicts........ But hey, that would be too logical.
- bob, auburn

Get right onto this, Jessie. It doesn't smell right, and that aroma won't improve with age.
- Bruce, New London

The lead story here is abuse of power by the NL police. I have no doubt that Chief Seastrand has his officers and other motorist's safety in mind when he decides to impound a vehicle when the driver is legally sober, but what would prevent a less righteous officer from malicious intent?
- Ron, Newbury

What is the police chief smoking in regarding his statement of no conflict. I'm not even a lawyer yet it is clearly obvious this is a conflict of interest. The selectmen of this town are also failing at their responsibilities. I hope NH's attorney general sees this story because this is a major problem!
- Mike, Epping

I don't believe it's just happening in New London. It's being done in other towns across New Hampshire, probably in other states. The towns are hurting for money, and they need to make more money. So they have the individuals car towed even if it can be picked up by someone else.
- LeAnn, Pembroke

"somewhat intoxicated but not over the legal limit." "their blood-alcohol level could still be rising, so police don't want them behind the wheel."

I agree with "JP, Warner." This isn't something new. Wouldn't you think that someone has already challenged this in court by now? If it's been upheld, we're no better than a Third World dictatorship.
- Citizen2, Newbury

I wonder if Chief David Seastrand asked any of the other tow companys on the rotation list for New London if they would give the people FREE rides.
- Darren Carter, West Lebanon NH

This is not a perceived conflict of interest. It is definitley a conflict of interest! Darren Carter of Midnight Auto Recovery Services in West Lebanon says police connections to another local towing company are unethical. Mr. Carter you are 100% correct! If there was no conflict why did Anderson have his name removed from Northeast Auto only to be replaced by his wife's. This is an admission on their behalf.
- Brian, Boscawen

How can they impound the vehicle of someone who is not over the legal limit? Does the town pick up the tab for the tow and storage? If not, it is akin to giving someone a speeding ticket for doing 38 in a 40 zone.
- Jeff, Manchester

Petty Theft??? I would like the UL to show where they came up with that one. There is no such charge in NH. If someone was actually charged with this they should have had a better lawyer because no such thing exists.
- Quinn, Bow

To John, Bobby, et. al.:

Under RSA 265-A:11, an alcohol concentration of .08 or more is per se illegal as well as prima facie evidence that a person is intoxicated.

An alcohol concentration of .03 or less is prima facie evidence that a person is not intoxicated.

However, an alcohol concentration of .04 to .07 is not given prima facie effect in indicating whether or not the person is intoxicated, but must be considered along with other evidence in determining the person's guilt or innocence.

So, a person with a BAC of .04 to .07, could be considered intoxicated if they show other symptoms of impairment. Therefore, a police officer may believe that there is insufficient evidence to prove the person's guilt beyond a reasonable doubt in court, but still incur substantial liability by letting the person continue to drive while impaired. In that case, the most reasonable course of action is to release the person without charges but not let them continue to drive.
- Alex, Claremont

It sounds like they have their own version of "Minority Report" going out there. Someone is held for what might happen to them in the future, even though they are legally below the objective limit at the time of testing. The judgement is highly subjective. I believe measurement and a defined limit are supposed to eliminate subjective judgement. Clearly someone over the limit is never subjectively judged to be sober.
- John, Manchester

"Somewhat Intoxicated?" Wow, sounds like Sunapee and New London ought to leave sobriety checkpoints to more qualified departments like Mayberry. There'd be no controversy- Andy and Barney use Goober as the exclusive towing agent.
- Bobby, Keene

Theres a definite conflict of interest.I have said it before and will say it again,all police depts should have their own tow trucks operated by officers,then the town can charge for the tow and hold the car in impound to charge you even more.Its a huge money making business and seems like it could help out quite a few towns.
- Bill, seabrook

WOW, hard hitting news. There is no story here. Union Leader writers will be the next in the unemployment lines.
- Ron, Pembroke

You are worked up over the towing company being used but not the fact that people who are not legally intoxicated are getting towed. The police are here to"protect and serve"? It is scary that they pick and choose.

I know they often video record us; maybe we should always video record them.
- Cathleen, Center Barnstead

Looks like a conflict of interest to me. Anyone should be able to figure that out from the contents of this story.

It also looks like police up in the greater Sunapee region have one heck of a good ole boy network going!

The New London Police Chief needs to go back to the academy if he doesn't feel the connection between his department's use of a towing business which is owned by the sergeant's family is a conflict of interest. It's downright crooked, unless the family business is charging a very low fee for the towing ordered by police. (Probably not happening.)

Why do some police agencies continue to shoot themselves in the foot when it comes to integrity issues?
- Melvin, Keene

Let me get this straight

New London Police held a sobriety checkpoint. administered Blood Alcohol Tests and despite the fact that individuals were UNDER the limit they stil detained the individuals and towed their cars?

Anyone else smell a lawsuit?
- JP, Warner

WOW! Changing the names to his wife and sister is still a conflict of interest.Chief Seastrand and Aderson should be both fired.and for Levine to state that if the town did investigate the situation or take any action, it would be a confidential personnel matter sounds like the whole town is corrupt. totally UNBELIEVABLE.
- M ROY, MANCHESTER

This type of thing is alive and well in NH. I would love to know how many times a New London, Sunapee or other area police cruiser needed a tow and the town was actually billed the same as John Q. for such a service. Furthermore, it is disengenious for these two Police Chiefs to say that their Officers profit not one bit because they do not the business, their wife, sister, brother, husband, etc. does.
And talk about how communication is key Chief Cahill; the crime as reported and initially investigated by the local police was a FELONY and the County Attorney prosecutes FELONIES. If you felt it appropriate to allow a plea to a Misdeameanor don't ya think YOU should be talking to the County Attorney PRIOR to allowing any reduction in charges?
I am so angry at myself for defending the Police over and over only to read of something like this. Over and over and over again people have taken potshots at the Police, an agency required to be held to the highest standards only to have something like this happen and then read Police CHIEFS spew information that is bogus, inaccurate and downright silly with the expectation we believe what they say is gospel
- Mark Keilmann, Newport, NH

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