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Fighting a speeding ticket in NH

  1. #51
    Dictionary quoting knob stoinkythepig's Avatar
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    Re: Fighting a speeding ticket in NH


    Quote Originally Posted by aldend123 View Post
    Ah, RI has something similar. Clean record going back 3 years, and less than 15mph over and they'll drop the ticket pretty much automatically. It was free, now there's a fee. However, I think they keep it in a 12mo holding period. But it is a formal process, and something that is offered to everyone who wants to take it. It sounds like they do basically the same thing in NH, but less formalized? At the prosecutor's discretion? MA has nothing like this as far as I know.
    In NH, it's at the judges discretion. If you are not obviously guilty, have at least a reasonably clean record and/or the judge thinks the prosecution was lazy or the cop was over-zealous, they will use this option.

    I have never tried it, but I imagine that if you ask for that type of finding early in proceedings (either before the trial in the hallway outside the court room or when the judge gives you the option to speak), the judge would be very likely to do it because it tends to keep people form taking chances behind the wheel since the next ticket is pretty much a double fine.

    The "prosecutor" in a NH traffic court is more times than not, just a cop (usually one with some seniority).

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  2. #52
    Senior Member AVI8_636's Avatar
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    Re: Fighting a speeding ticket in NH

    Quote Originally Posted by SVRACER01 View Post
    having a witness will help, but stick to the facts.
    you have a clean record and would like to keep it that way. ask to have the ticket held for 6/12 months and see where that gets you
    Ok so probably a stupid question, but what do you mean by "hold it for 6/12 months"?

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  3. #53
    Changes come butcher bergs's Avatar
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    Re: Fighting a speeding ticket in NH

    Placing it on file without finding for 6 or 12 months

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  4. #54
    Senior Member AVI8_636's Avatar
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    Re: Fighting a speeding ticket in NH

    Right, but what does that do exactly? Does it go away after 6/12 months? Do I need to reappear after that time frame? Is it on my driving record while it's "on file"? I've just never heard of placing a ticket on file, totally new to me.

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  5. #55
    Lifer jasnmar's Avatar
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    Re: Fighting a speeding ticket in NH

    Goes away after the time limit. Doesn't impact your record while in timeout.

    Basically a double or nothing kind of thing. If you get another ticket during the time frame this super power reactivates ;-)

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  6. #56
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    Re: Fighting a speeding ticket in NH

    It means don't get busted again for impersonating a speeding driver for 6 or 12 months and you're free and clear of this current offense, otherwise you pay for two tickets...this one and likely the new one.

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  7. #57
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    Re: Fighting a speeding ticket in NH

    In MA this is called "Continued without a finding."

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    Re: Fighting a speeding ticket in NH

    basically, youre betting on yourself that you can go 12 months without getting another ticket.

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    Re: Fighting a speeding ticket in NH

    Quote Originally Posted by SVRACER01 View Post
    basically, youre betting on yourself that you can go 12 months without getting another ticket.
    It's not really betting since you have nothing to lose. If offered, you ALWAYS take the option of having the charge put on file without finding, it's as good as a not-guilty unless you get a lkater conviction and then it's no different than a finding of guilty. The worst case is the same as aguilty verdict in the first ticket.

    If you do get convicted on the first ticket, you would pretty much always be convicted on the second ticket since you'd have a habitual offender history.

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  10. #60
    Senior Member MHenry600's Avatar
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    Re: Fighting a speeding ticket in NH

    I had a speeding ticket "put on file" for 12 months a couple of years ago. Basically "probation", so no speeding tickets, moving violations, or mis-conduct after an accident for 12 months and the fine went away. The ticket still resides on my driving record though, which kind of sucks.

    Fwiw, when I was still living in MA, I got a ticket in NH (rightfully so). I tried the same defense of having a "probation" period, but the trooper I was talking with before the pre-trial said I couldn't do that as I was not a resident. The trooper still dropped the cost of the ticket and I never went into the room.

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  11. #61
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    Re: Fighting a speeding ticket in NH

    Quote Originally Posted by MHenry600 View Post
    . I tried the same defense of having a "probation" period, but the trooper I was talking with before the pre-trial said I couldn't do that as I was not a resident. The trooper still dropped the cost of the ticket and I never went into the room.
    He lied to you. SHOCKING!

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  12. #62
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    Re: Fighting a speeding ticket in NH

    Quote Originally Posted by SVRACER01 View Post
    basically, youre betting on yourself that you can go 12 months without getting another ticket.
    Well I've gone 10 years, so my bet is I can do 6/12 mo no problem.

    Again, appreciate all the info guys. I want to go into that court room with all the information I can.

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  13. #63
    Senior Member MHenry600's Avatar
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    Re: Fighting a speeding ticket in NH

    Quote Originally Posted by TheIglu View Post
    He lied to you. SHOCKING!
    Yeah, really not surprised, and to be honest after I walked out of there I never cared enough to look it up. He definitely seemed like the kind to use the scare tactic, but I just rolled over. That one never went on my MA record fortunately, and it ended up being $100. Considering I was speeding, I don't complain about it too much, even though it was a nice clear early morning with no one else on the road. Making sure we're safe, my ass.

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    Re: Fighting a speeding ticket in NH

    I have NO idea if this is true but I've been told that if you are from MA and pay your NH ticket immediately, they don't share it.

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    Re: Fighting a speeding ticket in NH

    Quote Originally Posted by AVI8_636 View Post
    Well I've gone 10 years, so my bet is I can do 6/12 mo no problem.

    Again, appreciate all the info guys. I want to go into that court room with all the information I can.
    id say go in prepared with your witness and explain your side during the pre trail with the officer. at that point a few things can happen.
    --he can say tough shit ill see you in there
    --he can offer you a lower fine
    --he could wash the whole thing

    i would say that if he does either of the first 2 then i would ask for it to be put on file. if he says no to that then the ball is in your court.
    --you can fight it. ive seen a judge dismiss a speeding ticket where the woman was doing 12 over in a 35 zone because her argument made sense.
    --you can take the reduction in the fine but then youre either pleading guilty or nolo


    Quote Originally Posted by Garandman View Post
    I have NO idea if this is true but I've been told that if you are from MA and pay your NH ticket immediately, they don't share it.
    like pay him on the side of the road?

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  16. #66
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    Re: Fighting a speeding ticket in NH

    Quote Originally Posted by SVRACER01 View Post
    like pay him on the side of the road?
    No, mail it in next day, not this.

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    Last edited by Garandman; 01-22-15 at 02:17 PM.
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  17. #67
    Senior Member AVI8_636's Avatar
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    Re: Fighting a speeding ticket in NH

    Quote Originally Posted by SVRACER01 View Post
    id say go in prepared with your witness and explain your side during the pre trail with the officer. at that point a few things can happen.
    --he can say tough shit ill see you in there
    --he can offer you a lower fine
    --he could wash the whole thing

    i would say that if he does either of the first 2 then i would ask for it to be put on file. if he says no to that then the ball is in your court.
    --you can fight it. ive seen a judge dismiss a speeding ticket where the woman was doing 12 over in a 35 zone because her argument made sense.
    --you can take the reduction in the fine but then youre either pleading guilty or nolo

    Thanks!

    I'm really curious what this is going to be like. I'm not pleading guilty in any way shape or form. I simply wasn't going the speed the officer said, and I wish I had some sort of in car proof besides the witness, via dashcam or something that could actually prove it, because the speed he cited me at is ridiculous, especially for that location.

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  18. #68
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    Re: Fighting a speeding ticket in NH

    Quote Originally Posted by Garandman View Post
    I have NO idea if this is true but I've been told that if you are from MA and pay your NH ticket immediately, they don't share it.
    Can't say either way to be honest. I have had both happen. Couple I got up there never hit my license and a couple of others were/are on my driving history.

    My $0.02 is to take it to court, see if you can work something out with the prosecutor that meets with you prior to the hearing. If not than make the game time decision on whether or not you want to try the judge. If he/she is having a good day and letting people slide go for it, if he/she is wielding the gavel with a prejudice than I would take the ticket, pay it and walk away. Not worth getting a judge on a bad day bumping the fine higher and possibly taking your license.

    I may have posted this earlier in this thread, I'm not sure, in NH the fine the officer levies against you on the side of the road is a suggested fine for an offense. When you fight it in court the judge has the option to increase the fine as well as add license suspension to the outcome of the trial. That is a pretty big gamble from my perspective. I paid the fine and walked away when I had to make the choice. My driving history is a bit checkered though so I knew the outcome of the trial would not be in my favor.

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  19. #69
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    Re: Fighting a speeding ticket in NH

    With your driving history, I strongly suspect, worst case, you could get it reduced in a discussion with the prosecutor.

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  20. #70
    Senior Member AVI8_636's Avatar
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    Re: Fighting a speeding ticket in NH

    Bumping an oldie again, but I have a court date coming up that I can't make, and I've tried searching the NH state site and can't come up with an answer. Does anybody know how many times you can request a continuance for the court? My upcoming summer schedule is going to be seriously busy and I'll definitely need one, if not two continuances depending on when they give me the next date...

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  21. #71
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    Re: Fighting a speeding ticket in NH

    There isn't a "fixed rule" that I'm aware of, but make sure you do it prior to the time limit shown on the letter that you get from the prosecutor's office.

    If this is a "first meeting" it isn't really a hearing or continuance, it's just rescheduling a meeting with the prosecutor.

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  22. #72

    Re: Fighting a speeding ticket in NH

    Hi - sorry to bump an old thread but have not been able to find much information on this elsewhere. I was given a traffic ticket in Lancaster NH on Dec 31, 2018. I believe it was given by Lancaster police and not NH State Police. The ticket says "Going 60MPH in a 50MPH zone". The Other section says "Actual 68 MPH". When I was given the ticket I was told that I was going 68MPH but the ticket was given for 60MPH. I stopped as soon as the officer put his lights on, and was cooperative.

    I am a resident of Salem NH with a NH driver license. I have no traffic tickets on my driving record of about 14 years across 4 states. My goal is to see if it is possible to not have this traffic ticket in my driving record so that my insurance rates do not get affected.

    Any suggestions on what I should do? Does it help to hire a lawyer. The lawyers seem to be very few and very expensive.

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  23. #73
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    Re: Fighting a speeding ticket in NH

    Send the ticket back "not guilty" and negotiate with the prosecutor/ officer/ judge/ etc. Don't see how this requires a lawyer in any way.

    I stated earlier in the thread to have the offense placed on file without finding (or "continue without finding" as also stated by Garandman) for [X] number of months and it is something I'd suggest here as well. It has worked for me in the past for far worse infractions with regards to speeding. If your driving record is as you describe, I'm willing to bet you'll be fine going that route.

    Good luck, welcome and happy new year!

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  24. #74

    Re: Fighting a speeding ticket in NH

    Quote Originally Posted by butcher bergs View Post
    Send the ticket back "not guilty" and negotiate with the prosecutor/ officer/ judge/ etc. Don't see how this requires a lawyer in any way.

    I stated earlier in the thread to have the offense placed on file without finding (or "continue without finding" as also stated by Garandman) for [X] number of months and it is something I'd suggest here as well. It has worked for me in the past for far worse infractions with regards to speeding. If your driving record is as you describe, I'm willing to bet you'll be fine going that route.

    Good luck, welcome and happy new year!
    Thank you so very much. I went through the thread, but I am not clear. I apologize, but if you request to place the file without finding, does that not show up on your driving record as long as you do not have another violation?

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  25. #75
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    Re: Fighting a speeding ticket in NH

    That's generally correct. It's a bit like a suspended sentence, but before sentencing...

    They basically record the ticket in your "permanent record" and write a date on it.
    If you get another ticket, they check your "permanent record" and anything in there that hasn't expired is now fair game again.
    So, the shorter time you can negotiate the better.
    I don't know of any actual documentation of how state reporting systems work with insurance companies, or between states, so it's a bit of a risk, but Bergs' approach matches what I would recommend.

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