New Hampshire Traffic Violation Records
Table of Contents
Traffic records in New Hampshire are primarily maintained by the New Hampshire Division of Motor Vehicles (DMV) under the state's Department of Safety. Other records, such as those relating to traffic crimes handled by the court, may be found in the local courts. Traffic records cover a range of offenses, with speeding violations a common entry on most traffic records. About 8.64% of drivers in the state have a prior speeding violation on their record.
In order to ensure the safety of motorists and the public, the New Hampshire DMV uses a demerit point system to track traffic violations. When a driver is convicted of a traffic offense, they receive a certain number of points based on the severity of the violation. Accumulating too many points can lead to warnings, mandatory driving courses, or even license suspension.
Are Traffic Violations Records Public in New Hampshire?
Basic traffic violation records are generally public in New Hampshire under the state's Right to Know Law. However, access to complete traffic records is restricted to the owners of the records and certain persons in specific circumstances. Such persons include insurance companies, law enforcement agencies, attorneys, and certain employers. However, to protect personal privacy, third parties typically need the driver's written consent to access detailed personal information.
In addition, traffic violation records maintained by the district division of the New Hampshire circuit court are also open to the public. This court typically handles serious traffic offenses such as misdemeanors. However, some traffic cases may be transferred to the superior court, especially if they involve felony-level charges. You may contact the clerk of the court to obtain traffic records maintained by the court.
How To Look Up Traffic Tickets in New Hampshire?
You may look up traffic ticket information through the New Hampshire Ticket Payment portal. While this portal is primarily for paying traffic fines, you may search citation information by providing the citation number on the portal. Also, if your ticket requires a court appearance, you may contact the court listed on the citation to obtain citation information. Alternatively, you may use third-party services such as publicrecords.us to look up a New Hampshire traffic ticket. Reliable third-party services usually obtain their records from trusted official sources.
Where Do I Pay Traffic Violations?
In New Hampshire, you may pay traffic fines in the following ways:
- Paying Traffic Tickets Online: The most convenient method to pay a traffic ticket is through the NH DMV's Online Ticket Payment Portal. This service allows drivers to pay for eligible motor vehicle violations issued within the past 30 days. To use the system, individuals must have a valid email address and a Visa or MasterCard for payment. Note that not all tickets are eligible for online payment, particularly those requiring a court appearance.
- Paying by Phone: Traffic violation fines may also be paid over the phone (1-800-272-0036). Out-of-state callers may call (603) 227-4070. The payment line is available Monday through Friday, from 8:00 a.m. to 4:30 p.m. Callers must be prepared with their ticket information and a valid Visa or MasterCard.
Paying by Mail: If you prefer payment by mail, fines may be mailed directly to the New Hampshire Department of Safety. Payment should be made in the form of a check or money order payable to "State of New Hampshire - MV". When mailing a payment, be sure to include a copy of the citation or sufficient information to identify the case, such as the name, driver's license number, and ticket number. Payments should be sent to:
NH Department of Safety
DMV FR/PBM
P.O. Box 472
Concord, NH 03302
- Paying In Person: Traffic fines may also be paid in person at the New Hampshire DMV headquarters located at 23 Hazen Drive, Concord, NH. At the office, payment may be made using a check or a money order.
How Much Does It Cost To Request Your Driving Records Online?
You may obtain your New Hampshire driving record online via the NH DMV portal or by submitting a completed DMV 505 form and a $15 fee (check or money order made payable to "State of NH-DMV") in an envelope in any of the drop box locations maintained by the DMV. Alternatively, you may submit the requirements to the address stated on the DSMV 505 form.
Driving records in New Hampshire typically contain three years of history, but certain violations or suspensions may remain on record for longer. Note that the NH DMV may issue an insurance copy or a certified copy of a driving record. An insurance copy contains only violations and crash involvement details, while a certified copy contains detailed information regarding past history, including present and prior suspensions, restorations, convictions, and crash involvement.
What Are Moving and Non-Moving Violations in New Hampshire?
A moving violation occurs in New Hampshire when a state traffic law is violated by a vehicle that is in motion. Examples of New Hampshire moving violations include running a stop or red light, speeding, and drunk driving. On the other hand, a non-moving violation is typically related to faulty equipment or parking. Examples of non-moving violations in the state include parking in a no-parking zone, failure to display a valid inspection sticker, and expired vehicle registration.
Penalties for moving violations in New Hampshire include the following:
- Fines: Although the fines for moving violations vary by offense. For example, speeding fines start around $50 but may exceed $500 depending on the speed and zone.
- Demerit Points: Points are added to your driving record, such as 3 points for speeding and 6 for reckless driving.
- License Suspension: Accumulating 12 or more demerit points in one year may result in suspension. Repeat or serious offenses like DUI may lead to immediate suspension.
- Court Appearance: Required for certain violations, such as DUI and reckless driving.
- Insurance Rate Increases: Moving violations are often reported to insurers, which may result in higher premiums.
Typical penalties for non-moving violations include the following:
- Fines: Fines are usually lower than for moving violations, typically ranging from $10 to $150, depending on the violation and location. Parking violations, for instance, are issued by municipalities and carry set fines.
- No Demerit Points: Non-moving violations do not add points to your driving record.
- No Court Appearance: Usually, these violations can be resolved by simply paying the fine unless contested.
- Vehicle Impoundment or Registration Hold: Repeated failure to comply with vehicle regulations may lead to more serious administrative actions.
- Insurance Impact: Generally, non-moving violations do not affect insurance rates, unless they involve a lapse in insurance coverage.
How Long Does a DUI Stay on Your Record in New Hampshire?
A DWI conviction remains on your criminal record in New Hampshire for 10 years; however, the demerit points associated with the offense only remain on your driving record for three years. Even though drunk-driving arrest figures are not exceptionally high in the state, driving while under the influence of alcohol or an intoxicant remains a serious offense in the state. New Hampshire records about 300 DWI arrests and 4.4 DWI road fatalities per 100,000 residents.
The following penalties apply for DWI convictions in New Hampshire:
- First Offense DWI
- Classification: Class B misdemeanor.
- Fines: Between $500 and $1,200, plus a 24% penalty assessment.
- License Suspension: Minimum of 9 months, up to 2 years. Suspension may be reduced to 90 days if the offender enrolls in an Impaired Driver Intervention Program (IDIP) within 45 days of conviction.
- Programs: Mandatory completion of a 20-hour IDIP and any recommended aftercare.
- Ignition Interlock Device (IID): May be required for 12 to 24 months, depending on the court's discretion or the Department of Safety's determination.
- Underage Drivers: Drivers under 21 face a minimum license suspension of 1 year
- Second Offense DWI (within 10 years)
- Classification: Class A misdemeanor.
- Fines: Between $750 and $2,000, plus a 24% penalty assessment.
- License Suspension: Minimum of 3 years.
- Incarceration:
- If the prior conviction was within 2 years: Minimum of 30 consecutive days in jail.
- If the prior conviction was between 2 and 10 years: Minimum of 17 days in jail, with 12 days suspended upon compliance with treatment programs.
- Programs: Mandatory full substance use disorder evaluation and compliance with any recommended treatment.
- IID: Required for 12 to 24 months upon license reinstatement
- Third Offense DWI
- Classification: Class A misdemeanor.
- Fines: Between $750 and $2,000, plus a 24% penalty assessment.
- License Suspension: Indefinite revocation; the offender may petition for reinstatement after 5 years.
- Incarceration: Minimum of 180 days in jail, with at least 30 consecutive days served.
- Programs: Mandatory 28-day inpatient treatment program at the offender's expense.
- IID: Required for up to 2 years upon license reinstatement
The penalties for an aggravated DWI are significantly more severe than standard DWI convictions. Offenders face fines ranging from $750 to $2,000 and a license suspension period of 18 months to 2 years. In addition, there is a mandatory minimum jail sentence and the installation of an ignition interlock device (IID) for a period of one to two years
What Are the Penalties for Breaking the Speed Limit in New Hampshire?
Speed limits and associated penalties for breaking those limits in New Hampshire are governed by RSA 265:60. The state establishes speed limits based on the type of area and roadway:
- School Zones: 10 mph below the usual posted limit during designated times.
- Business or Urban Residential Districts: 30 mph.
- Rural Residential Districts and Class V Highways: 35 mph.
- Other Locations: 55 mph.
- Divided Highways such as Interstates: 65 mph.
- Interstate 93 (mile marker 45 to Vermont border): 70 mph.
The fines stipulated for breaking speeding limits in New Hampshire depend on how much over the limit the violator travels. Exceeding a presumed limit that is 55 mph or less attracts a fine between $62 and $434. Exceeding a 65 mph presumed limit attracts a fine between $80.60 and $434, while exceeding a 70 mph limit attracts a fine between $80.60 and $496.
Additionally, the Division of Motor Vehicles (DMV) employs a demerit point system to monitor and penalize speeding offenses. Speeding 1-24 mph over the limit attracts 3 points, while speeding 25 mph or more over the limit attracts 4 points. If you accumulate a certain number of demerit points within specific time frames, the DMV may suspend your driver's license:
- 12 points in 1 calendar year: Up to 3 months suspension
- 18 points in 2 consecutive calendar years: Up to 6 months suspension
- 24 points in 3 consecutive calendar years: Up to 1 year suspension
For drivers under the age of 21, the thresholds for suspension are lower:
- 6 points in 1 calendar year: Up to 3 months suspension
- 12 points in 2 consecutive calendar years: Up to 6 months suspension
- 18 points in 3 consecutive calendar years: Up to 1 year suspension
How Long Does a Speeding Ticket Stay on Your Record in New Hampshire?
In New Hampshire, a speeding ticket generally remains on your driving record for three years from the date of conviction.
How To Appeal A Traffic Ticket?
You may use the following defenses to contest a traffic ticket in New Hampshire courts:
- Challenge the Accuracy of the Speed-Measuring Device: In New Hampshire, law enforcement officers must regularly calibrate and test speed-measuring devices. If you can demonstrate that the device was not properly maintained, tested, or operated according to protocol, the court may find the reading unreliable. Requesting maintenance logs or calibration records through discovery may help support this argument.
- Argue Improper Officer Observation or Mistaken Identity: Another defense is to assert that the officer may have identified the wrong vehicle or misinterpreted what they observed. Dashcam footage or witness statements may be valuable evidence in these cases.
- Claim Necessity or Justification: You may argue that you committed the traffic violation out of necessity to avoid a greater harm. This defense, known as the "necessity defense," may apply if, for example, you were speeding to avoid a sudden medical emergency or swerved to avoid a collision.
- Identify Procedural Errors: A procedural error by the ticketing officer or court may also be a basis for dismissal. These errors include missing or incorrect information on the citation, such as the wrong license plate number, inaccurate location, or failure to sign the ticket.
- Present Evidence of a Speed Trap or Improper Signage: This strategy involves proving that the traffic sign was hidden, damaged, or missing, or that you were caught in a known speed trap area.
While hiring a lawyer for a traffic case in New Hampshire may not be necessary for every ticket, especially minor infractions, there are specific circumstances where legal representation is strongly recommended to protect your driving privileges and record. Some of these include:
- When the traffic violation is a misdemeanor or felony offense
- If you are facing a license suspension or revocation
- If you are a commercial driver's license holder
- When you have a prior violation or are a repeat offender
How To Resolve an Out-of-State Traffic Ticket?
New Hampshire is a member of the Non-Resident Violator Compact (NRVC), an agreement among most U.S. states to enforce traffic citations across state lines. If you fail to address the ticket, New Hampshire may notify your home state's DMV, leading to the suspension of your driver's license until the matter is resolved.
You may resolve an out-of-state traffic ticket in the following ways:
- Check the Ticket Details: Review the citation for payment deadlines, court appearance requirements, and violation specifics.
- Decide How to Plead: You can plead guilty, no contest, or not guilty.
- Pay the Fine: If you plead guilty or no contest, you may pay online, by mail, by phone, or in person through the NH DMV.
- Request a Court Hearing: If you plead not guilty, you must request a hearing with the court handling your case.
- Hire an Attorney (Optional): If you live out of state, an attorney may represent you in court without requiring you to travel.
- Check for License Impact: Some violations may affect your driving privileges in your home state, so check with your local DMV.
How Do New Hampshire Traffic Laws Differ From Other States?
New Hampshire shares traffic laws with other states but maintains certain unique laws. Some of these unique laws include the following:
- While texting while driving is banned for all drivers, New Hampshire only restricts handheld cellphone use for drivers under 18.
- New Hampshire does not require drivers to carry auto insurance. However, drivers must demonstrate financial responsibility if involved in an accident, and certain violations may necessitate proof of insurance.
- Passing a stopped school bus with flashing red lights can result in a $500 fine and a 30-day license suspension for the first offense.
- Children under seven years old and under 57 inches tall must be properly secured in a child restraint system. Children between seven and 17 years old or at least 57 inches tall must wear a seat belt.