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  1. #1
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    Default Third Speeding Ticket in Two Years, 94 in a 65 MPH Zone

    My question involves a traffic ticket from the state of: nh. At the end of a very long day I was set on getting home.. I have an hour and half commute and just really wanted to get home. I was clocked with laser doing 94 in a 65. I didnt realize I was going that fast but im not disputing the fact I was. This is my 3rd speeding ticket in 2 years. I also have a random failure to inspect on my record. Either way I have a few demerit points racked up..
    I am a struggling single mom going to school and working full time and just can not lose my license. It would ruin me. I have completely changed my driving habits and now strictly follow the speed limit. I also decided to be proactive and take the driver improvement course. Im not looking to weasle my way out of a ticket im just looking to be a better driver and hopefully not lose my license in the process. I took the class, recieved the certificate and now im facing a must appear for tomorrow.
    Curious what my options are? Im okay with paying the fines but I really cant lose my license. Im not going to try to fight it as I dont really have a leg to stand on in that department but how do I explain I have changed my habits? The officer handed me the ticket and said im to speak with the prosecuter on financial responsibility and whether or not my driving privileges will be revoked.. that scared me to the point of completely changing my ways.. help!

  2. #2
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    Default Re: 3rd Speeding Ticket, 94 in a 65mph

    Quote Quoting welley105
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    I was clocked with laser doing 94 in a 65. I didnt realize I was going that fast but im not disputing the fact I was.
    It takes a conscious decision to drive at 94 mph and anyone who claims otherwise is setting herself up for scrutiny as a careless driver. If you didn't realize you were driving at 94 mph then I really am not sure how "changing" anything will work to your advantage. There is also a HUGE difference between "set on getting home quickly"... And "getting home at all". but enough of that.

    the relevant statute here is this: 263:56 Authority to Suspend or Revoke License.

    263:56 Authority to Suspend or Revoke License.

    I. In addition to any other authority provided by law, the director is hereby authorized to revoke or suspend any license, permit or certificate issued under this title after a hearing upon a showing by its records or other sufficient evidence that the driver or boat operator:

    (a) Has committed an offense for which mandatory revocation of license is required upon conviction;

    (b) Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;

    (c) Is an habitually reckless or negligent driver of a motor vehicle, as established by the point system set up pursuant to paragraph II, by a record of accidents, or by other evidence;

    (d) Is incompetent to drive a motor vehicle by reason of physical, mental or moral impairment. For purposes of this paragraph, a license suspension or revocation on the basis of moral impairment shall be predicated only upon a conviction of a crime involving moral turpitude;

    (e) Has fraudulently or unlawfully used, permitted to be used, altered, displayed, or manufactured a license, has in his possession an altered or false license, or has been convicted of any offense specified under RSA 263:12;

    (f) Has violated his written promise to appear given to an officer upon the issuance of a traffic citation in this or any other state or has failed to appear in court in this or any other state at the time specified by the court;

    (g) Has by reckless or unlawful operation of a motor vehicle or boat caused or materially contributed to an accident resulting in death or injury to any other person or serious property damage;

    (h) Is a hazard to the public safety as evidenced by proper evidence or information received from a law enforcement agency of misconduct or misuse or abuse of driving privileges; or

    (i) Has been determined to be the owner of an abandoned vehicle that has been removed pursuant to a request by a peace officer.

    II. For the purpose of identifying habitually reckless or negligent drivers and habitual or frequent violators of traffic regulations governing the movement of vehicles, the director shall adopt rules pursuant to RSA 260:5 establishing a uniform system assigning demerit points for convictions of violations of this title. The rules shall include a designated level of point accumulation which so identifies drivers. The director may assess points for convictions in other states of offenses which, if committed in this state, would be grounds for such assessment. Notice of the assessment of points may be given in accordance with rules adopted by the director. No points shall be assessed for violating a provision of this title regulating standing, parking, equipment, size or weight. However, points may be assessed for convictions involving abandoned vehicles as provided in RSA 262:40-c, and points may be assessed against any person who is found by the director to have abandoned a vehicle and who has not satisfied the reasonable costs of removal and storage. In case of the conviction of a licensee of 2 or more traffic violations committed on a single occasion, such licensee shall be assessed points for one offense only and if the offenses involved have different point values, such licensee shall be assessed for the offense having the greater point value. The director is authorized to suspend or revoke the license of a driver when his driving record identifies him as an habitually reckless or negligent driver or an habitual or frequent violator under this section. The director may, in accordance with rules adopted pursuant to this section, order the licensee to attend a group or private driver improvement interview regarding his driving ability and record.

    II-a. Notwithstanding RSA 605:6 or any other provision of law to the contrary, any conviction for an offense which is used as a basis for suspension or revocation of a license under this section and which involves a plea of nolo contendere shall be treated in the same manner as a conviction which involves a guilty plea for the purpose of assessing demerit points under paragraph II.

    III. The director shall not revoke or suspend a driver's license under the provisions of this section for a period in excess of one year except:

    (a) In the case of a person whose license is suspended or revoked pursuant to RSA 263:56, I(g) the director may suspend or revoke a license for not more than 7 years.

    (b) In the case of a person whose license is suspended or revoked pursuant to RSA 263:56, I(d) by reason of physical or mental impairment the director may suspend or revoke a license indefinitely provided that the person may request a hearing once every year thereafter for the purpose of reviewing the original order.

    IV. In proceedings concerning accidents involving motor vehicle fatalities or serious injury, the director shall not give weight to the lack of a criminal prosecution relative to the accident in making his decision concerning license suspension or revocation. In any hearing conducted under the provisions of this section regarding a fatality, the decedent's next of kin shall receive notice of the hearing, shall have the right to be present at the hearing, and shall be permitted to testify at the hearing. In any hearing conducted under the provisions of this section regarding a serious injury, any seriously injured person shall receive notice of the hearing, shall have the right to be present at the hearing, and shall be permitted to testify at the hearing. The decedent's next of kin or any seriously injured person, if aggrieved by the director's order, shall have standing under RSA 263:76 to file a petition of review in the superior court for review of the questions of law in the director's order. If an appeal is made under RSA 263:76 concerning an accident involving a motor vehicle fatality or serious injury, the decedent's next of kin or any seriously injured person shall be notified of the filing of the appeal and the date of the appeal hearing and shall have the right to make a written statement to the court at the time of the hearing. The director shall be deemed to have complied with this paragraph provided that he has notified by certified mail with return receipt requested the seriously injured person or at least one of the next of kin who is, if possible, of the age of majority and listed in RSA 259:66-a and who has been identified as a result of a review of division records or of information made known to the division.

    V. The director shall adopt rules as part of the point system required by paragraph II, establishing lesser point totals for suspension or revocation of driver's licenses of younger drivers including separate categories for drivers who are under the ages of 21 and 18, respectively.

    I can only assume that your appearance tomorrow is your first for this citation. And if so, then this is just your arraignment where you will be read the charge against you and then given the option to enter a plea. If the officer has delivered on his promise of speaking to the prosecutor (see subsection 263:56(I)(h) above), this should be the time to discuss that with the prosecutor but ONLY if s/he bring it up. This is also the time to try and negotiate with the prosecuting attorney as an attempt to mitigate your damages whether that is by way of pleading to another offense that carries less violation points but a higher monetary fine amount or otherwise... I have no idea what you mean by "a few demerit points" or how close you are to a mandatory administrative suspension by way of meeting the criteria defining a "habitual offender" as described above. Attempting to negotiate should be your most favorable option in this case, in other words, going to trial on this citation should be your last option.

    You should try and figure out how many points you have and have that on the ready for your own review to help you make the correct decision based on what offer(s) you get (if any). A mandatory administrative suspension that is based on the number of violation points on your record is something that will likely occur AFTER a conviction of an offense which earned you enough points to place you over the limit. In such case, you will likely receive a letter informing you of the impending suspension, the date it will go into effect and what rights you might have as far as requesting a hearing to address those consequences. This typically occurs a short time after such conviction, and so that is not likely to happen tomorrow.

    The number of points allowed and the offenses for which those points are assigned are described under the statutory definition of Habitual Offender. Defined under 259:39

    This does not totally negate the possibility that you might see a possible suspension tomorrow. Although I have not found anything definitive that would provide a direct connection between a conviction of/guilty plea to a 94 in 65 mph violation, I was able to find this statute by which the court does have the authority to order a suspension as part of the penalty for such offense:

    263:57 Suspension by Justice for Cause.

    I. Any justice of a district or municipal court or of the superior court may suspend any license issued to any person, for a period not to exceed 30 days, after a conviction of an offense under the provisions of this title, after due hearing, for any cause which he may deem sufficient.

    II. The court may also suspend any license issued to any person under the circumstances prescribed in, and in accordance with, RSA 634:2, VII.

    Let me repeat, there is nothing I am aware of the will directly point to this type of suspension, but with the officer's added comment, the possibility of it coming up, slight as that might be, is there and as such, you should be aware of its existence in any way.

    An administrative suspension for exceeding the number of violation points is not likely to be decided tomorrow but will occur later if a conviction places you above the maximum number of points. All this will be according to

    I don't know whether this would apply or not but you should read 263:55 Revocation for Third Offense..

  3. #3
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    Default Re: 3rd Speeding Ticket, 94 in a 65mph

    First off thank you for your quick reply. Yes tomorrow is my first appearance for this offense. It was the must appear date on the ticket. I can elaborate on my points a bit. I have 4 points in one calender year, 8 in 2 calender years and 10 in 3 calender years. So if convicted of this offense that will add 4 points to those totals. I requested a copy of my driving record so I was clear on exactly what is on there. So if im reading it right then it doesnt look like I will reach the maximum amount of points with this. And the driver improvement course i just took will deduct 3 points. I know it will not erase anything off the record and its just a credit but that will help a little I hope.

  4. #4
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    Default Re: 3rd Speeding Ticket, 94 in a 65mph

    Quote Quoting welley105
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    First off thank you for your quick reply. Yes tomorrow is my first appearance for this offense. It was the must appear date on the ticket. I can elaborate on my points a bit. I have 4 points in one calender year, 8 in 2 calender years and 10 in 3 calender years. So if convicted of this offense that will add 4 points to those totals. I requested a copy of my driving record so I was clear on exactly what is on there. So if im reading it right then it doesnt look like I will reach the maximum amount of points with this. And the driver improvement course i just took will deduct 3 points. I know it will not erase anything off the record and its just a credit but that will help a little I hope.
    While it maybe true that your record of demerit points does not justify a mandatory administrative suspension, the officer mentioned something along the lines of the qualifier described under subsection 263.56(I)(h) where a driver is deemed as "a hazard to the public safety as evidenced by proper evidence or information received from a law enforcement agency of misconduct or misuse or abuse of driving privileges"; as well as under 263:57.

    Good luck either way...

  5. #5
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    Default Re: 3rd Speeding Ticket, 94 in a 65mph

    Thought I would update for anybody that reads this in the future. I met with an officer first thing, he asked what happened and I said I was speeding. I didn't try to get out of it, didn't try to fight it, just admitted I made a mistake. I hear all too often people trying to come up with excuses (my speedometer didn't work correct, your radar gun is wrong, some of these I actually heard people using before it was my turn to talk to him) I knew I had no reason to try to fight it because I was speeding. so I figured honesty was the best way to go. I explained I took the driver improvement course, which he said was helpful. he dropped the speed down on the ticket, which put me into a different fine bracket. If i tried to fight it and was found guilty it would have been a $500 fine and 30 days loss of license. so thankfully my honesty worked in my favor, plus being proactive and taking the course, he dropped the speed down a bit, i paid my fine ($360) at the window and was out of there in 25 minutes. i never even had to go in front of the judge. i will still have the ticket on my record as well as the points but I've learned my lesson. I've become the driver i used to hate getting behind. but if it keeps me from losing my license and being able to make it home to my children every night then it's worth it.

  6. #6
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    Default Re: 3rd Speeding Ticket, 94 in a 65mph

    Quote Quoting welley105
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    I've become the driver i used to hate getting behind.
    Well, now you can laugh at the drivers you irritate, just like those who used to laugh at you...

    Quote Quoting welley105
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    but if it keeps me from losing my license and being able to make it home to my children every night then it's worth it.
    I was hoping they'd get an honorable mention. And with that, its clear you've got things in proper perspective.

    Thanks for the update, and good job mitigating your losses while still owning up to your mistake.

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