The controversy over the Hanover Police Department's "internal possession" policy may be decided in the New Hampshire State Legislature.
Richard Dolan of Rockingham County is the prime co-sponsor of a bill that would make internal possession of alcohol an illegal act in the state of New Hampshire.
Although possession of alcohol by a minor is illegal in New Hampshire, it is not illegal for a minor to be found with alcohol in his or her bloodstream. Dolan's bill would change that policy.
Hanover Police currently uses internal possession of alcohol as sufficient evidence to start an investigation into whether or not a minor previously possessed alcohol.
The New Hampshire Civil Liberties Union is attempting to overturn Hanover's policy. Police Chief Nick Giaccone said his department and the NHCLU are discussing the policy, and that he is very happy with the progress so far.
Dolan said he knew nothing about Hanover's internal possession policy. When told of the dispute, Dolan said he agreed with the police department's policy.
Dolan, a former police officer, said, "I'm very concerned for the safety and welfare of people under age who are drinking alcohol."
He said he believes the new bill would enable police to take action against those who might otherwise escape prosecution under the state's current possession law.
Giaccone said he approves of the bill's intent, but said he is unsure if it will emerge from committee in a workable form.
"Anything that would make enforcement easier, we're all for it" Giaccone said.
Giaccone said he told the Police Chiefs' Association that he would be available to testify before the legislature about the bill.
NHCLU Executive Director Claire Ebel told the Valley News that the new legislation was like Prohibition and said it would encourage minors to drive home after drinking in order to better avoid police.
Dolan said he believes the vast majority of people will obey the proposed statute.
Giaccone said "I don't agree with [Ebel's] analysis whatsoever... [the bill] is just another tool for enforcing possession."
