Reckless Op and disobeying a PO in NH

[owenmachine]

What is the name of your state? New Hampshire

i passed a car in passing zone but i was doing 60 in a 35 to do so. i then passed a police officer while passing the person. (he was parked with his lights off) when i saw the lights come on i continued up the road and drove into a driveway and shut my lights off. he found me. i was arrested and while i was in the back of the cruiser he searched my car and operated it without my consent for either. he never did a sobriety test, did not read me my rights, never fingerprinted me. i went to jail and bailed myself out.

i went to the arraignment day 2 weeks ago. the prosecutor tried to make a plea agreement. $750 fine with $250 suspended with good behavior. no jail time. 60 day loss of license. and dismiss the the disobeying the police officer

Should i fight this?

[FlyingRon]

Well by your own admission you are guilty of two rather serious offenses. Sounds like you were offered a fine-only traffic violation instead. It's up to you, but sounds like a deal to me.

Does your lawyer think you can do better at trial?

[racer72]

he searched my car and operated it without my consent

He didn't need you consent.

he never did a sobriety test

Not required.

did not read me my rights

You watch too much TV. Miranda is only required prior to questioning after one is arrested. There is also a long list of questions that can be asked without Miranda too.

never fingerprinted me

Again not required.

Should i fight this?

I think you are getting a good deal.

[Hey There]

3-1-08
owenmachine

What are the violation codes you were charged with?
Was it?
265:3 Obedience to Police Officers. –
I. No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control or regulate traffic.
II. The fine for a violation of this section shall be $100.
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Fines for speeding in NewHampshire Miles per hour above the limit specified:
1""10 $50
11""15 75
16""20 100
21""25 200
26+ Must appear
(Minimum $350)
If you had been charged with speeding instead of reckless driving the fine would have been $200.00 + $100.00 for the other charge for a total of $300.00 if you were found guilty.
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265:79 Reckless Driving; Minimum Penalty. – Whoever upon any way drives a vehicle recklessly, or causes a vehicle to be driven recklessly, as defined in RSA 626:2, II(c), or so that the lives or safety of the public shall be endangered, or upon a bet, wager, or race, or who drives a vehicle for the purpose of making a record, and thereby violates any of the provisions of this title or any rules adopted by the director, shall be, notwithstanding the provisions of title LXII, guilty of a violation and fined not less than $500 for the first offense and $750 for the second offense nor more than $1,000 and his or her license shall be revoked for a period of 60 days for the first offense and from 60 days to one year for the second offense. New Hampshire
********************************************************* *********************************************************
By going to Google and typing in Speeding Ticket--Fighting or Plea Bargaining your rights as a driver cited for a traffic violation are explained as well as the court system regarding traffic tickets.
Some lawyers will consult one time for no fee or for a modest amount ($50.00). A lawyer should be able to advise you on whether or not
to fight the reckless driving charge etc. and how he would conduct your defence should you decide to retain him.

Best Regards,
Hey There

[Hey There]

3-1-08

owenmachine

RULES OF THE DISTRICT COURTS OF THE STATE OF NEW HAMPSHIRE
CRIMINAL RULES
Rule 2.10. Discovery

(A) Upon request, the prosecuting attorney shall furnish the defendant's attorney, or the defendant, if he has no attorney, with the following: (1) a copy of records of statements or confessions, signed or unsigned, by the defendant, to any law enforcement officer or his agent; (2) a list of any tangible objects, papers, documents or books obtained from or belonging to the defendant; and (3) a statement as to whether or not the foregoing evidence, or any part thereof, will be offered at the trial.

(B) Not less than 14 days prior to trial, the State shall provide the defendant with a list of names of witnesses, including experts and reports, and a list of any lab reports, with copies thereof, it anticipates introducing at trial.

(C) Not less than 7 days prior to trial, the defendant shall provide the State with a list of names of witnesses, including experts and reports, and a list of any lab reports, with copies thereof, the defendant anticipates introducing at trial.

FYI Discovery is available.

Best Regards,
Hey There

[owenmachine]

but what my biggest issue is that he told me that i was doing 60 in a 35 which is only 25 mph over is there anyway without fighting the ticket to find out what the specific speed was? and it was on a major route (108 in east kingston nh) and i was in a passing zone could that be considered endangering the safety of the public?

[FlyingRon]

Discovery may be able to be used to find out what the particulars of a generic charge like reckless driving is. Of course by the time you do all that, the plea offer may be withdrawn.

NH appears to not specifically define reckless driving in terms of a certain number of miles per hour so the charge would be argued given the speed and other conditions and the discretion of the court as to whether it fits the definition. The possibility of getting convicted probably depends highly on which judge you're up against. A local lawyer can probably give you a good read.

However going nearly twice the speed limit may be a hard one to convince you were operating safely. Further your evading the police doesn't bode well in your favor in open court.