Must Appear - New Hampshire

[JGamens632]

What is the name of your state? - Massachusetts (Cited in New Hampshire)

Hey guys. I was recently driving in New Hampshire on 93 North and I was pulled over by a state trooper. He was extremely rude, but regardless, he tagged me for allegedly going 95 on a 65 mph highway. This isn't true, as I couldn't have been going anything over 70. However, instead of a traffic fine, I was issued a ticket that said "MUST APPEAR."

I'm from out of state and I have no idea what this means. What exactly am I facing here?Any help would be appreciated.

Also, since I'm out of state, I heard that Massachusetts doesn't take violations from other states. A friend of mine got a traffic ticket in NH and it never appeared on her Massachusetts record.

Thanks in advance,
J

[Ozark_Sophist]

Originally Posted by JGamens632

Hey guys. I was recently driving in New Hampshire on 93 North and I was pulled over by a state trooper. He was extremely rude, but regardless, he tagged me for allegedly going 95 on a 65 mph highway. This isn't true, as I couldn't have been going anything over 70. However, instead of a traffic fine, I was issued a ticket that said "MUST APPEAR."


Thanks in advance,
J

Minimum $350 fine. Not more than $1000.
Judge may order suspension of your driver's license.
4 points on your driving record. See driver license compact.
Higher insurance rates for the next seven years.

[JGamens632]

Thanks for the quick reply! A few quick things:

This is my first offense and also I'm from out of state. Being it's a first offense, is it still susceptible to license suspension? I've heard that you need at least 3 violations within a year for suspension. Also, why higher insurance for 7 years? I thought it was only 3. Thanks for the help! I'm just looking for some clarifications.

Also, any possible plea-deals such as driving school or any extra advice? I'd like to avoid using a lawyer if at all possible (He wants over $1,500).

[Hey There]

11-28-07

JGamens632
New Hampshire
TITLE XXI
MOTOR VEHICLES
CHAPTER 265
RULES OF THE ROAD
Speed Limitations
Section 265:60
265:60 Basic Rule and Maximum Limits. –
I. No person shall drive a vehicle on a way at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the way in compliance with legal requirements and the duty of all persons to use due care.
II. Where no hazard exists that requires lower speed for compliance with RSA 265:60, I, the speed of any vehicle not in excess of the limit specified in this section or established as hereinafter authorized shall be prima facie lawful, but any speed in excess of the limit specified in this section or established as hereinafter authorized shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful:
(a) In a posted school zone, at a speed of 10 miles per hour below the usual posted limit from 45 minutes prior to each school opening until each school opening and from each school closing until 45 minutes after each school closing.
(b) 30 miles per hour in any business or urban residence district as defined in RSA 259:118;
(c) 35 miles per hour in any rural residence district as defined in RSA 259:93, and on any class V highway outside the compact part of any city or town as defined in RSA 229:5, IV;
(d) 55 miles per hour in other locations, except as provided in (e);
(e) 65 miles an hour on the interstate system, the central New Hampshire turnpike and the eastern New Hampshire turnpike in locations where said highways are 4-lane divided highways or other divided highways of 4 or more lanes.
(f) On a portion of a highway where officers or employees of the agency having jurisdiction of the same, or any contractor of the agency or their employees, are at work on the roadway or so close thereto as to be endangered by passing traffic, at a speed of 10 miles per hour below the usual posted limit, but in no case greater than 45 miles per hour. The speed shall be displayed on signs as required by RSA 265:6-a.
III. The limit specified in II(e) shall be the maximum lawful speed and no person shall drive a vehicle on said ways at a speed in excess of such maximum limit. The prima facie speed limits set forth in this section may be altered as authorized in RSA 265:62.
IV. The driver of every vehicle shall, consistent with requirements of paragraph I, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hillcrest, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic by reason of weather or highway conditions.
V. The fines for violation of subparagraphs II(a)-(d) shall be as follows:
Miles per hour above the limit specified:
1""10 $50
11""15 75
16""20 100
21""25 200
26+ Must appear
(Minimum $350)


VI. The fines for violations of subparagraph II(e) shall be as follows:
Miles above the 65 mph limit:
1""5 $65
6""10 100
11""15 150
16""20 250
21""25 350
26+ Must appear

Your Post:he tagged me for allegedly going 95 on a 65 mph highway
If a subsection of265:60 is what you were cited for then 30 miles over requires a court appearance.
---------------------------------------------------------------------------------------
Now where some information is:
If you go to Google and type in Speeding Tickets FAQ the website will give you information related to traffic tickets and explain how to request a continuance and copies of the information the officer will use in court,(Discovery or Request for Public Records).
*************A book published by NOLO on beating traffic tickets states that New Hampshire uses pacing, aircraft, radar, and lazer to determine the speed a driver is travelling. Chapter 6 explains how each of these methods can be faulty.
Chapter 11 gives pointers on what to do in court.
It is likely that your local library has this book on hand or can obtain a copy for you.
Websites give additional information on Discovery by going to Google and typing in Discovery for Traffic Tickets and the book published by NOLO has a section on how to request Discovery with a form which can be copied.
In addition some lawyers will give one free consultation or will advise for a small fee. Chapter 4 in the book explains what to look for in a lawyer.

Best Regards
Hey There

[VeronicaLodge]

Why do you say you couldnt possibly have gone over 70? and do you know what you were going?

[JGamens632]

I couldn't have been going over 70 because for one I had cruise control on at about 5 above the speed limit and secondly I was behind an 18 wheeler, and they don't move very fast at all.

I'm thinking in a worst case scenario, I just have to pay them a bunch of money and not drive for 30 days. It could be a whole lot worse. But I'm still going to try and fight it. Keep the advice coming guys I really appreciate it. I'm trying to see all angles.

Also, anyone know anything about plea barganing or driving school? Thanks.

[patstew]

Originally Posted by JGamens632

Hey guys. I was recently driving in New Hampshire on 93 North and I was pulled over by a state trooper. He was extremely rude, but regardless, he tagged me for allegedly going 95 on a 65 mph highway. This isn't true, as I couldn't have been going anything over 70. However, instead of a traffic fine, I was issued a ticket that said "MUST APPEAR."

Were you rude back?

I'm from out of state and I have no idea what this means. What exactly am I facing here?Any help would be appreciated.

What did they tell you when you contacted the office listed on the ticket?

[JGamens632]

No, I wasn't rude back, and I havn't contacted them since it's happened. The ticket just said, "Must Appear" and never mentioned responding to them. It actually says something like "You must respond [i]unless[i] it says must appear.

[VeronicaLodge]

ah well good luck.

I got a ticket once when I was 19 (and then I never got one again for 17 years!) and I was going 92 in a 65, I knew I was speeding and honestly didn't know I was going that fast, but my speedometer only went to 85, I had "burried" the needle. Yeah really dumb move, I learned my lesson. But I was like "I couldn't have been going 92, my car doesn't go that fast!" lol. I also had to "appear" and was out of town. A friend went with me and arrived late so I had to wait until the judge was finished with everyone else, I just threw myself at his mercy. He kidded me but was very nice. I didn't lose my license, I was chastized, paid a hefty fine and was on my way. that was many years ago though. I think I was probably actually going 95 but the cop was nice enough to put 92 so I didn't hit that magical 30 miles over mark.

[Hey There]

11-30-07

JGamens632

Going to Google and typing in (plea bargaining on a speeding ticket )will give you websites with additional information to help you decide on how to handle your traffic violation.
***************
Speeding Ticket--Fighting or Plea Bargaining, the first website on page one by Attorney Norman G. Fernandez has complete information on How To Beat A Speeding Ticket if you keep clicking on the forward arrow of each page.
*************
Information on receiving (Out of State Traffic Tickets )can be found by going to Google and typing in the phrase Out of State Traffic Tickets.
************
Traffic School availability is best checked by asking a court clerk where your case will be heard.

Best Regards,
Hey There