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  1. #1
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    Apr 2009
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    Default Speeding Ticket in New Hampshire

    My question involves a speeding ticket from the State of: New Hampshire

    I recently was given a ticket for 61 in a 45. The area is normally a 55 highway but is a construction zone right now.

    I am 100% positive I was not going this fast, in fact I know I was going 55. There are a few things that irked me about this ticket that caused me to challenge it:
    1) As I said earlier, I know I was going 55 (I was looking at my speed-o when I saw the cruiser)
    2) The officer acknowledged that I was going 58, but wrote down 61.
    3) In the State of NH, for construction zone fines to be placed as far as I know the construction workers must be present. There were none, but the officer still gave me a $300 fine, when normally it would have been $100, or less.

    As I said, I'm challenging the ticket. I'm looking for any advice on what to do in preparation for or say during the hearing.

    Additionally, I recently heard of ticket deferment. I previously had no idea of this even existing. I tried looking, but couldn't find anything online about ticker deferment in NH. Would anyone be able to tell me if it's possible, and if so how about I go trying to defer the ticket, if I've already sent in the pink slip with "Not Guilty, I want a trial" checked?

  2. #2
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    Default Re: Speeding Ticket in New Hampshire

    If you share the exact statue citation for the construction worker offense, we can look it up, or you can find it yourself here; I didn't see it.

    In terms of the officer saying 58, then writing the ticket for 61, I've known that to happen; the difficulty is, how can you prove it?

    I don't see any information on deferral in New Hampshire, and the general courts website is pretty weak. If your county court has a website, you may be able to find information there. If your driving history is clear, you can also try to negotiate a "dismissal on payment of fine" or deal to a non-moving violation or zero points violation.

  3. #3
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    Apr 2009
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    Default Re: Speeding Ticket in New Hampshire

    Just got the hearing notice, exact statue is RSA 265:6a III


    One question is how would I go about getting the ticket with 0 points? Any specific paperwork on that to present in court, or is it just a verbal thing to ask the judge? Completely clueless here for the most part on what to do during the hearing - never been in a court room in my life.

  4. #4
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    Default Re: Speeding Ticket in New Hampshire

    Quote Quoting Vorgahn
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    Just got the hearing notice, exact statue is RSA 265:6a III


    One question is how would I go about getting the ticket with 0 points? Any specific paperwork on that to present in court, or is it just a verbal thing to ask the judge? Completely clueless here for the most part on what to do during the hearing - never been in a court room in my life.
    Are you disputing the citation based on the officers notation that your speed was 61 versus what he allegedly stated (58mph) or is it 61mph versus what you stated it should have been 55mph?

    It will be difficult to prove the officer's estimate was incorrect (because that's the way it works in court, he is considered a more credible witness). However, armed with some sort of proof that there were no construction workers on site, you can and will certainly create enough reasonable doubt as to the validity of the charge of 61 in 45 or even 58 in 45 because in the absence of any workers the limit would have been 55.

    So rather than challenging the officer's estimate of your speed, (and assuming you are certain that there were no construction workers there at the time) I would challenge his assumption that it was in fact a "construction zone" by presenting proof validating that assumption.

    Question is, how do you prove there were no workers present?

    Assuming that particular highway project is still ongoing, you might be able to find some more information here:
    http://www.nh.gov/dot/projects/specifics.htm

    Its a long shot and you might not be able to find anything listed. With that information however, there is no way you could lose.

    Quote Quoting Vorgahn
    View Post
    One question is how would I go about getting the ticket with 0 points? Any specific paperwork on that to present in court, or is it just a verbal thing to ask the judge?
    By the way, the Judge cannot amend the charge nor can he offer a plea bargain. You would have to speak to the prosecuting attorney and typically, that is done before the court session begins. Someone who is more familiar with NH court proceedings will most likely comment further.

  5. #5
    Join Date
    Apr 2009
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    7

    Default Re: Speeding Ticket in New Hampshire

    I'm not sure how I could prove that there were no workers this far after the ticket issue date.

    However, I looked into the statute a bit more and found this:

    III. Any offense involving speeding in a highway construction or maintenance zone on a state or interstate highway, manned by workers, shall be a construction work zone driving offense. A person found guilty of an offense shall be fined not less than $250 nor more than $500.
    IV. The department of transportation shall post signs notifying motorists of construction or maintenance work zones and construction zone speed limits. The department shall require signs notifying motorists of the increased penalties for a violation of paragraph III.
    I was issued a citation on paragraph III. I drive the same stretch of highway almost every day to go to work, never once have I seen a posted "Construction Zone" sign, nor one that said anything about the increased fines. Though, granted - the huge construction equipment normally there is a bit of a giveaway. Could this have any effect at all on a court result?


    Another thing I'm going to question is the radar gun's calibration and registration. I know for a fact that even though my state is fairly good about keeping up with calibration - over half the radar guns used aren't registered. Would an unregistered gun alone be enough for a dismissal?

  6. #6
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    Default Re: Speeding Ticket in New Hampshire

    Quote Quoting Vorgahn
    View Post
    I'm not sure how I could prove that there were no workers this far after the ticket issue date.

    However, I looked into the statute a bit more and found this:



    I was issued a citation on paragraph III. I drive the same stretch of highway almost every day to go to work, never once have I seen a posted "Construction Zone" sign, nor one that said anything about the increased fines. Though, granted - the huge construction equipment normally there is a bit of a giveaway. Could this have any effect at all on a court result?


    Another thing I'm going to question is the radar gun's calibration and registration. I know for a fact that even though my state is fairly good about keeping up with calibration - over half the radar guns used aren't registered. Would an unregistered gun alone be enough for a dismissal?
    If you couldn't prove that workers were there at the time f the citation, how are you gonna be able to prove that there weren't any signs?

    Some may even argue that the burden to prove that the construction zone was set up according to the regulatory requirements falls upon the prosecution. Not sure how the could prove that aside form testifying that signs were there. If that is case, you're free to challenge his word but you're back to the battle of your word against his! And chances are, you'll lose....

    Quote Quoting Vorgahn
    View Post
    Another thing I'm going to question is the radar gun's calibration and registration. I know for a fact that even though my state is fairly good about keeping up with calibration - over half the radar guns used aren't registered. Would an unregistered gun alone be enough for a dismissal?
    Registered? Registered with whom? I am not sure if that is a requirement in New Hampshire but I honestly have never heard that before.

    On the other hand, I do in fact know that almost every state requires that a Radar gun be calibrated, and tested (using tunning forks) at the beginning and end of the officer (or at least prior to and after using it to issue any citations). I have heard of cases where the officer was questioned about testing the unit at the location he was using it (in the case of stationary radar) so as to raise doubt to its accuracy due to possible interference from other electrical/electronic equipment as well as other sources of radio frequencies).

    And last but not least, if your citation stated that your speed was measured using Radar, then you might also want to check to see if there is a unit number stated there as well. If there isn't and when the officer presents the calibration certificates to the gun he "allegedly used", you can object to the fact that your citation does not list a specific unit number so the evidence that the officer is presenting lacks the foundation needed to connect it to the one used in your case.

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