Interstate Speeding Ticket NH

[ladysmith]

What is the name of your state (only U.S. law)? New Hampshire

Hi. I was travelling on the interstate here in NH. The posted speed is 65 and yes, I was speeding. I was going approximately 75-80. I was ticketed for 81, which is 1 mile above the next tier down as far as tickets go. (For example, if I was ticketed for 80 it would have been around $80. The ticket I got was for $250)

I pled not guilty, and received a court date. I then received a letter from the court indicating the trooper needed to change the court date due to military service. I then called the prosecutor to see if my ticket could be put under a "file and store," which is basically a probation for a year. If I receive no other tickets, the ticket is thrown out. The prosecutor declined but offered me a fee reduction from $250 to $100. I called him back to accept the offer and got his voice mail, which I left a message on. (As he had instructed me to do)

Since then I have not been able to get ahold of the prosecutor. I received the new court date in the mail. It's at the end of May; I received this ticket last summer. Can I file for a dismissal based on failure to prosecute in a timely manner?

Thanks for any advice.What is the name of your state (only U.S. law)?

[Maestro64]

No, since they notified you and you did not demand your right to a speedy trail at that point. Since you agree to his plead bargain, you waived your right to a speedy trial.

Personally, I would have pushed the issue and said it is not your problem the prosecutions witness was not available and you would not grant a change in the original hearing date. Most court rules required that both parties agree to an continuance. If one side objects then a continuance is not granted. But the judge can over rule if he thinks justice is not server by not waiting.

Again, it is usually slanted toward the prosecution, since if you asked for a delay, many times they do not grant them, but they routinely do them for the officer for various reasons.