Police: arrest too stiff a penalty for E-ZPass violators

By Elizabeth Dinan
edinan@seacoastonline.com

PORTSMOUTH — Hauling citizens off in handcuffs for E-ZPass violations "is bad community relations," said Sgt. Corey MacDonald, the Police Department's district court prosecutor.

While state law allows for the misdemeanor arrests of drivers with suspended registrations due to dodged highway tolls — even if the offense was the result of malfunctioning toll-taking technology — MacDonald instructed local officers to avoid making E-ZPass arrests.

"They can continue to make arrests if an officer sees fit," the prosecutor said. "But I'm telling them they can issue a summons instead."

MacDonald explained that if local officers stop someone and a criminal history check shows a suspended registration due to a toll violation, they must tow the car "or it's a liability to us." Alleged toll evaders "will still have to answer to it in court," but as a summons instead of a misdemeanor, he said.

"Hopefully, it will cut down on the number of physical custody arrests for E-ZPass violations," said MacDonald, referencing recent news reports about toll-related arrests.

That includes the January arrest of Eric Kinkopf, 57, of Wolfeboro, who was incarcerated and had his car impounded for a 75-cent toll violation he'd already paid.

State highway officials reportedly reimbursed Kinkopf the $150 he paid to get his car back and $40 for a taxi ride home from jail. Meanwhile, they're considering kinder and gentler legislation.

Pending House Bill 1604 would punish motorists with E-ZPass violations by preventing them from renewing their auto registrations until all fees and fines are paid. If passed, that law would replace the current practice of suspending registrations.

MacDonald said he did not know of any locals being arrested as a result of toll violations, but heard from officers who worried it could happen here.

"It came in as a concern from some of our officers that it's a pretty stiff penalty for an E-ZPass default, which can occur from the machine not reading your transponder," the local prosecutor said. "We're not going to arrest for a first offense. That's more in line with our style of police work in Portsmouth."