New Hampshire Traffic Violations

Maintaining road safety in New Hampshire depends significantly on a comprehensive understanding of and strict adherence to the state's traffic laws and regulations. Responsible driving saves lives and significantly reduces the number of accidents.

Traffic violations can have severe consequences, including loss of driving privileges, damage to driving records, and increased insurance costs. Multiple violations can lead to license suspension, creating financial and personal hardships.

The New Hampshire Department of Safety (NHDOS) is critical in enforcing traffic laws through its key divisions: the Division of Motor Vehicles (DMV) and the New Hampshire State Police (NHSP).

The DMV manages vehicle registration, driver licensing, and driving records to ensure compliance with state regulations. Meanwhile, the NHSP enforces traffic laws through patrols, traffic stops, and accident investigations to maintain road safety.

Courts adjudicate traffic cases, from minor infractions to serious offenses. They guarantee that legal processes are followed and that justice is served through handling citations, trials, and appeals. Together, these agencies and courts work to enforce traffic laws, promote road safety, and maintain order on New Hampshire's roads.

What Are the Major Traffic Violations in New Hampshire?

In New Hampshire, traffic violations range from minor to serious. Minor infractions, such as improper signaling or running a red light, lead to tickets and fines.

While these do not affect criminal records, they can increase insurance rates and add demerit points. In contrast, serious violations, including felonies and misdemeanors, have more severe legal consequences.

The following are considered serious traffic violations in New Hampshire:

Driving Without a License or While Suspended

Under New Hampshire Revised Statutes Annotated (NH RSA) Section 263:1, all drivers must have a valid license. Driving without a license is a class B misdemeanor, with fines up to $1,200 and four demerit points.

Non-residents with valid out-of-state or foreign licenses can drive in New Hampshire. However, new residents must obtain a New Hampshire license within 60 days.

Drivers with expired licenses may face up to $1,000 in fines for a first offense or a class B misdemeanor for repeat offenses. Those who commit further violations while unlicensed face a 12-month license ban.

If a driver has a license but is not carrying it, they can be charged with a class B misdemeanor, with a fine up to $1,200 and two demerit points. Producing a valid license within 48 hours can avoid conviction.

Additionally, driving with a suspended or revoked license incurs severe penalties. First offenses result in fines between $250 and $1,000. Repeat offenses within seven years may lead to a class B misdemeanor with fines up to $1,200.

Drivers suspended due to driving while intoxicated (DWI) face seven days in jail, a $1,000 fine, and an additional year of revocation. Suspensions for reckless driving result in similar penalties.

Causing an injury accident while suspended can lead to a class B felony, with fines up to $4,000 and up to seven years in prison. Convictions also add six demerit points and extend suspension periods.

Speeding

Speeding is a serious offense in New Hampshire. NH RSA Section 265:60 enforces two speeding regulations: the basic speeding law and presumed speed limits. The basic speeding law requires drivers to avoid unreasonable or unsafe speeds given the road conditions and potential hazards.

Motorists must adjust their speed based on current conditions, regardless of the posted limit. Even if a driver stays within the limit, authorities may issue a citation if the speed remains unsafe.

Meanwhile, presumed speed limits or "per se" limits allow drivers to contest tickets by proving their speed was safe. The standard presumed limits are:

• 10 miles per hour (mph) under the posted speed limit in school zones during designated hours
• 30 mph in commercial or urban residential zones
• 35 mph in rural residential areas
• 55 mph in most non-interstate locations
• 65 mph on the majority of interstate highways

Fines for violating the basic speeding law are $62 for a first offense and $124 for a second offense. Fines for exceeding presumed limits range from $62 to $496, depending on the excess speed.

Speeding violations typically add at least three demerit points to a driver's record, potentially leading to license suspension with excessive points.

Reckless and Negligent Driving

Reckless driving is also a severe offense in New Hampshire. According to NH RSA Section 265:79, it involves driving in a manner that poses a significant and unreasonable risk to others while deliberately ignoring that risk. Specific examples include street racing and driving 100 mph or more.

Penalties for reckless driving depend on whether it is a first or repeat offense. A first-time offender faces a minimum fine of $500 and a 60-day license suspension. For repeat offenses, fines range from $750 to $1,000, and suspensions extend from 60 days to a year.

Each conviction adds six points to the driver's record, which can lead to additional suspensions. Reckless driving that results in a death may lead to severe charges like vehicular homicide or manslaughter.

Meanwhile, as defined by NH RSA Section 265:79-b, negligent driving is less severe but still serious. It involves endangering others or property due to a lack of awareness. Fines are $250 to $500 for a first offense and $500 to $1,000 for subsequent offenses. A negligent driving conviction adds four points to the driving record.

Moreover, driving under the influence (DUI) charges can sometimes be reduced to reckless driving through plea bargaining, known as a "wet reckless."

Driving While Intoxicated

Under NH RSA Section 265-A:2, drivers can face a DWI (also called DUI) charge for operating or attempting to operate a vehicle with a blood alcohol content (BAC) of .08% or greater.

Driving under the influence of any substance that impairs driving ability, including alcohol, prescription drugs, controlled substances, and over-the-counter drugs, is also prohibited. The BAC limit is .04% for commercial drivers and .02% for drivers under 21.

A first DUI within ten years is typically a misdemeanor, resulting in fines of $500 to $1,200 and a license suspension of nine months to two years.

Aggravated offenses, such as excessive speeding, evading an officer, or transporting a passenger under 16, result in five days to one year in jail, $750 to $2,000 in fines, and an 18-month to two-year license suspension. Ignition interlock devices (IIDs) may be required.

A second DUI within ten years carries 17 days to one year in jail, fines of $750 to $2,000, and at least a three-year license suspension.

A third DUI leads to 180 days to one year in jail, similar fines, and a nine-month to two-year suspension. A fourth DUI is a felony, resulting in at least 120 days in jail, a minimum $750 fine, and indefinite license suspension.

Hit-and-Run

As per NH RSA Section 264:25, hit-and-run offenses are serious traffic violations. Drivers involved in accidents causing death, injury, or property damage must immediately stop and provide their name, address, and vehicle details to the other parties or a responding officer.

If no officer is present, the driver must report the incident to the nearest police station. For accidents causing significant harm or damage exceeding $1,000, a police report is mandatory.

Leaving the scene of an accident where there are injuries or fatalities is deemed a class B felony in New Hampshire. This violation can result in a prison sentence of up to seven years and monetary penalties reaching $2,000

For accidents involving solely property damage or an unattended vehicle, the charge is a class A misdemeanor. This offense may lead to up to one year in prison and fines totaling as much as $2,000.

Filing a false police report is also a class B felony. All convictions typically result in the suspension or revocation of the driver's license.

How Does New Hampshire DMV's Point System Work?

The New Hampshire DMV utilizes a point system to manage traffic violations and enforce license suspensions. Violations are categorized by severity and assigned points ranging from one to six.

One-point violations include minor infractions such as improper vehicle registration or driving without a valid license. Meanwhile, two-point offenses involve failures like not complying with police instructions or operating an unregistered vehicle.

Three-point violations are more serious, covering actions such as tailgating or speeding up to 24 mph over the limit. Four-point violations include severe conduct, such as driving without a license or speeding more than 25 miles per hour above the limit.

The most serious offenses are classified as six-point violations, which include driving with a revoked license or under the influence.

For a detailed list of violations and their associated points, drivers should refer to the Demerit Points page on the NH DMV website. Note that points remain on a driver's record for three years.

Demerit Point Accumulation and License Suspension by Age

In New Hampshire, accumulating excessive demerit points can result in driver's license suspensions, with penalties varying by age and the total number of points. Points are assigned based on court convictions, and details on suspensions are provided in the New Hampshire Code of Administrative Rules (NH Code Admin. R.), Safety Chapter (Saf-C), Section 212.02

For drivers under 18

• Six points in one year result in up to a 3-month suspension.
• Twelve points in two years lead to up to a 6-month suspension.
• Eighteen points in three years cause up to a 1-year suspension.

For drivers under 21

• Nine points in one year result in up to a 3-month suspension.
• Fifteen points in two years lead to up to a 6-month suspension.
• Twenty-one points in three years cause up to a 1-year suspension.

For drivers 21 and older

• Twelve points in one year result in up to a 3-month suspension.
• Eighteen points in two years lead to up to a 6-month suspension.
• Twenty-four points in three years cause up to a 1-year suspension.

Reducing Demerit Points Through Driver Improvement Programs

Under the NH Code Admin. R. Saf-C Section 212.06, drivers with three or more demerit points can reduce their point total by three by completing an approved driver improvement program.

This reduction helps prevent suspension, but the points remain on the driver's record. Courts or the Bureau of Hearings may mandate a course based on the driver's record.

However, only state-authorized programs listed by the NH DMV are valid for this purpose. Drivers can find the complete list of approved schools for these programs on the NH DMV's Driver Improvement Courses page.

What Is the Process for Handling Traffic Tickets in New Hampshire?

In New Hampshire, a traffic ticket is an official notice from law enforcement outlining the violation, including details on the offense, fines, payment options, and court appearance requirements.

The Circuit Court District Divisions manage traffic offenses. Drivers must respond to the ticket by either paying it or contesting it.

Paying the Fine

Drivers who admit guilt for a traffic violation in New Hampshire can settle their fines as instructed on the traffic ticket. They must complete the payment within 30 days of receiving the ticket. Payments can be made via mail, in person, by phone, or online.

For mail payments, drivers should send their proof of payment to the NHDOS at:

New Hampshire Department of Safety

DMV FR/PBM

P.O. Box 472

Concord, NH 03302

Alternatively, payments can be made in person at the NH DMV, located at:

Division of Motor Vehicles

23 Hazen Drive

Concord, NH 03305

Motorists can also pay by phone using a debit or credit card by contacting the New Hampshire Bureau of Financial Responsibility at (800) 272–0036.

For tickets that do not require a court appearance, drivers can use the NH DMV's Online Ticket Payment service. To pay online, they should:

• Provide the necessary personal details.
• Select the offense and confirm the payment amount (note that discrepancies should be reported to the NH DMV).
• Indicate a guilty plea.
• Select a payment method and input payment information before finalizing the submission.

After completing the payment, drivers will receive a confirmation email. If a transaction is declined, they should retry later or visit the NH DMV in person.

Contesting the Ticket

Challenging a traffic ticket in New Hampshire can be a prudent step for drivers who believe they have been unfairly cited. It can potentially prevent negative impacts such as increased insurance rates or a damaged driving record.

To contest a ticket, motorists must start by entering a "not guilty" plea. This is done by marking the designated box on the ticket and sending it to the court or the NHDOS at:

Department of Safety

Bureau of Financial Responsibility

P.O. Box 3838

Concord, NH 03301

Following the submission of the plea, the court will schedule a hearing. The driver must attend this hearing, as failure to do so may result in a guilty verdict. The process includes a pretrial conference where the driver meets with the prosecutor to discuss possible resolutions.

If no settlement is reached, the case moves to a formal court hearing. During this hearing, the driver must present evidence and witnesses to support their case. If found guilty, possible penalties include fines, driver improvement courses, community service, license suspension, or jail time.

Drivers who are convicted may appeal the decision, though this can involve further court appearances and additional costs. Consulting a traffic attorney can be beneficial in determining the best course of action.

How Are Accident Reports Handled in New Hampshire?

New Hampshire law mandates drivers involved in accidents that result in injury, death, or property damage exceeding $1,000 to report the incident to the NH DMV within 15 days.

If the driver is unable to file the report, the vehicle owner or their representative must do so. Even minor accidents can exceed $1,000 in damage, making prompt reporting crucial. Failure to report accidents involving injury or death can result in felony charges.

To file a crash report, individuals must submit it in writing to the NH DMV. If law enforcement investigates, they will complete and submit the State of New Hampshire Uniform Police Traffic Accident Repor t (Form DSMV 159), which may include details on DUI citations, hit-and-run occurrences, and insurance status.

If no police involvement occurs, the driver must file a Motor Vehicle Accident Report (Form DSMV 400) and mail it to:

The report must include drivers' names, contact information, insurance details, vehicle specifics, and the accident's date, time, and location. It should also indicate if any driver was uninsured or inadequately covered.

If police have investigated the accident and insurance information is missing, the driver or vehicle owner must verify it using the Online Insurance Verification service or by completing the Accident Insurance Verification Form (Form DSMV 385) and mailing it to the same address.

Submitting an independent report can help expedite insurance claims and ensure prompt documentation.

Requesting an Accident Report in New Hampshire

To obtain an accident report in New Hampshire, motorists should request by completing the Release of Motor Vehicle Records (Form DSMV 505) and submitting it to the NH DMV. This form can be placed in the drop box at the NH DMV office in Concord or mailed directly to the DMV.

The cost for accident reports is $1 per page, with a minimum fee of $5. Motorists can email NH.DMVHelp@dos.nh.gov or call (603) 227-4010 to confirm the exact cost. Alternatively, they can mail a $5 check with the request, and the NH DMV will inform them if additional payment is needed.

To access another person's accident report or release an accident report involving their vehicle to a third party, drivers should contact the NH DMV for assistance using the provided email or phone number.

What Should Drivers Know about Traffic-Related Arrests in New Hampshire?

In New Hampshire, traffic-related arrests commonly involve serious offenses like DUI, reckless driving, and speeding. When officers establish probable cause, they must read Miranda rights, which inform the individual that their statements can be used in court and that they have the right to an attorney.

Following this, the individual is processed at a detention facility, where their photo and fingerprints are taken, and their belongings are secured. They can also arrange bail by phone.

Drivers must follow lawful orders, including rolling down vehicle windows, and present their license and registration when requested. Failure to comply can result in charges or a suspended license.

They can also refuse searches without a warrant. Additionally, drivers are permitted to record police activities in public as long as they do not interfere with the officer's duties.

Crucial Steps and Considerations After a Traffic-Related Arrest

After a traffic-related arrest in New Hampshire, individuals can post bail based on the offense and their financial situation, with personal recognizance bail possible for non-violent and first-time offenses.

They will then attend an arraignment to face charges and enter a plea: guilty, not guilty, or no contest. Consulting an attorney before pleading is advised. Following arraignment, they can request evidence in writing.

Trials are held in District Court, and appeals to the New Hampshire Supreme Court are possible within 30 days for legal errors. Traffic offenders can contact the New Hampshire Bar Association or the New Hampshire Public Defender for legal assistance.