Should I contest a "unlawful passing on the left" ticket?

[SRTie4k]

You do go straight to court in NH for traffic violations. The officer is supposed to show up to testify, but if he cannot they will potentially send a prosecutor in place. If your experience is anything like mine (at the Keene District Court seeing as how the violation was in Cheshire county), the prosecutor will probably come over to you before you stand before the judge and give you an offer. In my last case several years ago, the prosecutor asked me to sign a piece of paper that said they agreed to drop all charges if I did not get any more violations within a years time, and if I did get anymore violations they would tack on the original charge to it.

Once I signed that, I stood in front of the judge and told him we made the agreement, and I was off on my merry way.

Or you might get lucky and have nobody show up at all, at which point you can ask to question the officer...which would probably get you off.

[aldend123]

Curious what people's thoughts are on a lawyer? Perhaps recommendations based on NH experience?
Most people don't seem to care about paying a fine, it's the points. What about pleading to non-moving violations? How does that stuff work?

What's the benefit of pleading Nolo in NH? Doesn't seem like there is one...

[tls25rs]

As a follow up to my earlier post.

Still assuming this is a NH ticket

I don't think that you have anything to lose, other than a days pay or vacation time, by taking the time to go to the court house and speaking to the prosecutor and seeing if you can make a plea agreement that gets you out of the ticket. I would think worst case the prosecutor doesn't give you a decent plea agreement or the judge doesn't accept the plea agreement made (what happened to me due to prior driving history) and sends you back to discuss it some more. Either way you can still, on the day of the hearing, decide to plead nolo contendre or guilty and walk out of the court house paying the fine that you were originally given. No idea if they have added any administrative type court cost fees if you fight the ticket though.

In summary, might be worth seeing what the prosecutor will do for you because either way you should be able to get out with your orignal fine if need be.

Joel

[tls25rs]

What's the benefit of pleading Nolo in NH? Doesn't seem like there is one...

That is a good question because as far as my insurance was concerned the fact that I plead Nolo vs. Guilty made no difference. I wound up with the surchargeable incident on my license for the same amount of time as had I plead guilty and paid the fine.

[BMMCBR]

You do go straight to court in NH for traffic violations. The officer is supposed to show up to testify, but if he cannot they will potentially send a prosecutor in place. If your experience is anything like mine (at the Keene District Court seeing as how the violation was in Cheshire county), the prosecutor will probably come over to you before you stand before the judge and give you an offer. In my last case several years ago, the prosecutor asked me to sign a piece of paper that said they agreed to drop all charges if I did not get any more violations within a years time, and if I did get anymore violations they would tack on the original charge to it.

Once I signed that, I stood in front of the judge and told him we made the agreement, and I was off on my merry way.

Or you might get lucky and have nobody show up at all, at which point you can ask to question the officer...which would probably get you off.

I stand corrected.

[DaveZX6r]

You do go straight to court in NH for traffic violations. The officer is supposed to show up to testify, but if he cannot they will potentially send a prosecutor in place. If your experience is anything like mine (at the Keene District Court seeing as how the violation was in Cheshire county), the prosecutor will probably come over to you before you stand before the judge and give you an offer. In my last case several years ago, the prosecutor asked me to sign a piece of paper that said they agreed to drop all charges if I did not get any more violations within a years time, and if I did get anymore violations they would tack on the original charge to it.

Once I signed that, I stood in front of the judge and told him we made the agreement, and I was off on my merry way.

Or you might get lucky and have nobody show up at all, at which point you can ask to question the officer...which would probably get you off.

Incorrect they started doing the same thing as on ma where you go in for a per hearing be fore actually going in for a trial, a couple years ago. So its a minimum of 2 days you will lose now.

Also even if the cop doesn't show up the prosecutor can ask for a continuance or even just a recess and call the guy up to come in. Its a crap shoot at best.

Also in terms of changing to a non moving violation the only person that can do that is the judge prosecutors can't change the ticket once its submitted by the cop. The most they can do is drop the speed.

In other words I sincerely doubt you will get out of the charge on the ticket. That said you may be able to lower the fine or something.

[SRTie4k]

That must have happened in the past 2 years then, because last I went to court in NH was in 2011.

[Jaynnus]

I fought a ticket in NH, I was told by the Magistrate that I smelled good, and he reduced the fine to $0.

I fight them when I think I am in the right, otherwise I played...I pay.

[gadget]

I agree with Dip... My first ride out with DucDave, Gaget and myself both got a ticket for the SAME thing. passing someone in a 50mph zone at about 90mph (the ticket was for 85 I think). I fought mine and I won, then gaget won his a week or so later.

Actually, the cop called me and let me know that he was dropping the ticket. I imagine he thought it was a watse of time after you got off.

He also admitted to us when he gave us the ticket that "You can thank that yellow bike. He was the one I clocked and you are the ones I caught."

Right then and there I decided to fight that ticket to the very end. I was glad that Steve did it for me.

I have "appeared" for every ticket that I have ever gotten on my motorcycle.
I dress properly.
I admit to everything that I did.
I show sincere regret. (Once you can fake sincerity you got it made..)
I agree with the Judge.
I promise to drivve more safely and follow the law.

I have never paid more than the court costs if anything at all.

Could this backfire for you? Sure, I know plenty of people that would not be able to keep from mouthing off and being a wiseass to the Judge.

If you show that you do not regret your actions, it is the court's job to make you regret them.

If you show that they have already impressed this upon you, the Judge may be more willing to be lenient.

[RacerXnh10]

I didn't read all the way through. Call the prosecutor and ask if you can work something out. If he says no then pay it and don't risk the cop testifying you were traveling at an estimated 100mph. If he says yes wheel and deal.

[scubasteveRR]

for me it really has nothing to do with paying the ticket, it has to do with the points on your license and the cost on your insurance. I've never got 3 tickets in a year but I have lost my license for 7 tickets in 5 years twice.. it blows I drive a fast car and a fast motorcycle.. i like drive fast. i'm going to get tickets whether or not i'm doing something wrong or a cop runs my plate and just decides he's going to be a dick and give me a ticket for nothing because I have a horrible driving record which has happened before. I'm going to get pulled over doing stupid things and get let go once in a while and also get nailed to the cross for them. it's happed a lot since 1996 when I got my license.

I fight them all, put on a suit, act like a nice guy, plead my case and sometimes I win the ones i'm guilty for and sometimes I lose the ones i'm not guilty for. its the law of averages or the bell curve if you will. you win some you lose some

I suggest fighting it..

there was definitely more to the story on the ticket that Gadget and I got but we were going 80 + miles per hour, passing a Honda accord on a double yellow lined road that had a 50 mph speed limit, so whether or not he got us on the radar or the bikes in front of us we were guilty as all hell...

I have never won a ticket one I didn't fight, it's impossible. your chances are better than not that it will at least get reduced.

[G21forme]

Another heads up for contesting tickets in nh nashua has a practice of holding/delaying your trial until the officer gets there. I don't know if they call them in advance or what but during the course of the day officers just happened to show up at the right time bang out their cases and leave. I personally have never had an officer not show so I never get my hopes up in that regard.

[gadget]

for me it really has nothing to do with paying the ticket, it has to do with the points on your license and the cost on your insurance. I've never got 3 tickets in a year but I have lost my license for 7 tickets in 5 years twice.. it blows I drive a fast car and a fast motorcycle.. i like drive fast. i'm going to get tickets whether or not i'm doing something wrong or a cop runs my plate and just decides he's going to be a dick and give me a ticket for nothing because I have a horrible driving record which has happened before. I'm going to get pulled over doing stupid things and get let go once in a while and also get nailed to the cross for them. it's happed a lot since 1996 when I got my license.

I fight them all, put on a suit, act like a nice guy, plead my case and sometimes I win the ones i'm guilty for and sometimes I lose the ones i'm not guilty for. its the law of averages or the bell curve if you will. you win some you lose some

I suggest fighting it..

there was definitely more to the story on the ticket that Gadget and I got but we were going 80 + miles per hour, passing a Honda accord on a double yellow lined road that had a 50 mph speed limit, so whether or not he got us on the radar or the bikes in front of us we were guilty as all hell...

I have never won a ticket one I didn't fight, it's impossible. your chances are better than not that it will at least get reduced.

yeah, don't forget we had been doing a fair bit over 100 just 30-40 seconds before as well...

[aldend123]

You can take a 6hr driving improvement course every 3 years to knock 3 points off your record in NH
http://www.nh.gov/safety/divisions/d...mprovement.htm
Points scale here : http://www.nh.gov/safety/divisions/d...ty/demerit.htm

But how does that work for out-of-staters? So you get a ticket in NH, but it shows up on your New England-state record eventually, right? I know that used to rarely happen, but it's becoming more common. So if you go take the course, and NH knocks the points off.... do they tell your state? Or are you stuck with the points?

[Trajiks9]

Paging Lxpony! Mike do you care to share you experience with the OP?

[Garandman]

PSGWSP

Last time I got a ticket, I called my lawyer and he told me not to bring him - just go to court, plead momentary dumb-assery and ask for a break.

[klp]

Why did you stop?

[e30addict]

Why did you stop?

There was another trooper right down the road. That would not have ended well.

[slowkermit]

I've fought multiple tickets here in MA. In some cases I won, and the ticket was dismissed. In other cases, I was lectured and had to pay the ticket. until now, I'd never heard of a fine being increased. It looks like NH operates differently?

[Slyder]

I guess for some, points and increased rates are a worry. Damn you habitual offenders. I've gotten tickets in 01, 03 and 05. In those years, my insurance went up $0.00. In fact, it has gone down in some of those years and stayed the same in others. The only time my insurance has gone up was when Statefarm increased rates...which meant I wasn't alone and it wasn't based on my record.

[RacerXnh10]

You can take a 6hr driving improvement course every 3 years to knock 3 points off your record in NH
http://www.nh.gov/safety/divisions/d...mprovement.htm
Points scale here : http://www.nh.gov/safety/divisions/d...ty/demerit.htm

Getting points of your driving record doesn't = lower insurance. State Farm told me straight up they look at your record and your moving violations and have their own system for deciding and the state's point system is completely irrelevant. Check with your insurance company as I'm sure they're all different.

[Stromper]

Here in CT

First rule They get up to take your money
Second rule read rule 1

I have had CT State tickets fines reduced by the ADA if I plead in front of him right there and wrote the check

[DaveZX6r]

That must have happened in the past 2 years then, because last I went to court in NH was in 2011.

It was. I went this past year and was like wtf? That's how I found out.