New Hampshire DMV Demerit Points

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Demerit Points

     Accumulating a certain number of demerit points for motor vehicle violations can result in a license suspension.  This suspension can be added on to any court ordered suspension.  For example, if you are convicted of transporting a controlled drug, your license can be suspended for up to two years.  In addition, depending on the number of points from prior convictions, if any, you could be eligible for an additional license suspension.  The legal distinction between court ordered suspensions and DMV suspensions can be confusing.  If you have been accused of a motor vehicle infraction, as experienced lawyers, we can offer valuable assistance. We will be able to guide you through the legal and administrative proceedings.

A Criminal Defense Lawyer on DMV License Suspensions

     Some of the factors that will determine if you get a license suspension include the type of traffic violation committed, the number of demerit points on your driving record, and your age.

License Suspension for drivers under 18 years old:

Maximum 3 month suspension for 6 demerit points in one calendar year

Maximum 6 month suspension for 12 demerit points in two calendar years

Maximum 1 year suspension for 18 demerit points in three calendar years

License Suspension for drivers under 21 years old:

Maximum 3 month suspension for 9 demerit points in one calendar year

Maximum 6 month suspension for 15 demerit points in two calendar years

Maximum 1 year suspension for 21 demerit points in three calendar years

License Suspension for drivers over 21 years old:

Maximum 3 month suspension for 12 demerit points in one calendar year

Maximum 6 month suspension for 18 demerit points in two calendar years

Maximum 1 year suspension for 24 demerit points in three calendar years

     A criminal defense attorney knows that sometimes drivers are unjustly charged with a violation. There are also instances when the attorney can present defenses that may get the charges reduced or dropped. By thoroughly evaluating the facts of your case, a criminal defense attorney can assess your legal options. Helping you reach the best possible outcome is a top priority.

Demerit Points For Specific Violations

    Listed below are demerit point valuations for the most common types of motor vehicle offenses:

Demerit Points.  Upon conviction, the following demerit points shall be assessed for the corresponding violation:

 One demerit point for a conviction of violating:

(1) RSA 261:59, operating without possession of a registration certificate;

(2) RSA 266:5, failure to obey inspection requirements; or

(3) RSA 263:35, failure to obtain a New Hampshire driver's license;

Two demerit points for a conviction of violating:

 (1) RSA 261:40, unregistered vehicle;

(2) RSA 263:1-a, allowing an improper person to operate a motor vehicle;

(3) RSA 263:2, failure to display or produce a license for inspection by an officer;

(4) RSA 263:85, allowing an improper person to drive a commercial motor vehicle;

(5) RSA 263:13, failure to abide by license restrictions;

(6) RSA 263:92, operating a motor vehicle with the improper class of license;

(7) RSA 263:30, operating without a motorcycle license;

(8) RSA 265:3, obedience required to a police officer; or

(9) RSA 265:102, littering;

Three demerit points for a conviction of violating:

(1) RSA 265:9, disobedience to any required traffic control device;

(2) RSA 265:21, limitations on driving to left of center of roadway;

(3) RSA 265:23, one-way roadways and roadways and rotary traffic islands;

(4) RSA 265:24, driving on roadways laned for traffic;

(5) RSA 265:25, following too closely;

(6) RSA 265:26, driving on divided ways;

(7) RSA 265:26-a, driving on a sidewalk;

(8) RSA 265:28, failure to yield the right of way;

(9) RSA 265:29, vehicle turning left;

(10) RSA 265:30, failure to obey yield sign;

(11) RSA 265:31, failure to obey stop and yield signs;

(12) RSA 265:32, vehicle entering way from private road or driveway;

(13) RSA 265:33, failure to yield to authorized emergency vehicles;

(14) RSA 265:37 or RSA 265:41, failure to use due care;

(15) RSA 265:45, failure to signal turn;

(16) RSA 265:48-51, improper conduct at a railroad crossing;

(17) RSA 265:60-67, speeding when the conviction is for speeding under 25 miles per hour above the posted speed limit;

(18) RSA 261:75 or RSA 261:77, misuse of plates;

(19) RSA 265:94, illegal backing;

(20) RSA 265:95, obstruction of driver's view;

(21) RSA 265:96, opening and closing vehicle doors improperly;

(22) RSA 265:99, coasting;

(23) RSA 265:100, following fire apparatus too closely;

(24) RSA 265:106, carrying passengers in truck not so designed;

(25) RSA 261:75 or RSA 261:77, misuse of plates;

(26) RSA 265:109, failure to display lights;

(27) RSA 261:176, misuse or failure to display plates;

(28) RSA 262:40-c, abandoned vehicles; or

(29) RSA 263:14, Youth Operator;

 Four demerit points for a conviction of violating:

(1) RSA 263:1, license required;

(2) RSA 265:16, failure to drive on the right hand side of the road;

(3) RSA 265:18, RSA 265:19 or RSA 265:20, improper passing;

(4) RSA 265:22, yellow line violation;

(5) RSA 265:60 - 67, speeding, when the conviction is for speeding of 25 miles per hour or more above the posted speed limit;

(6) RSA 263:63, driving without giving proof of financial responsibility; or

(7) RSA 265:79-b, negligent driving;

Six demerit points for a conviction of violating:

(1) RSA 261:61, improper use of registration;

(2) RSA 262:3, false report of theft;

(3) RSA 262:7 or RSA 262:10, changed or removed vehicle identification;

(4) RSA 630:3, negligent homicide, resulting from the operation of a motor vehicle;

(5) RSA 630:2, manslaughter resulting from the operation of a motor vehicle;

(6) RSA 262:8, concealing identity of vehicle

(7) RSA 262:13, possession of master keys;

(8) RSA 262:23, driving after suspension;

(9) RSA 263:12, prohibited activities relative to license or nondriver identification card;

(10) RSA 262:16, inspection sticker or registration decal modified or forged;

(11) RSA 265:54, school bus violation;

(12) RSA 262:1, alteration of title;

(13) RSA 262:12, taking without owner's consent;

(14) RSA 262:17, odometer tampering;

(15) RSA 263:57-a, lending an operator's license to an underage person to purchase an alcoholic beverage;

(16) RSA 263:64, driving after revocation or suspension;

(17) RSA 264:25, conduct after an accident;

(18) RSA 265:4, disobeying a police officer;

(19) RSA 265:75, racing;

(20) RSA 265:79, reckless driving;

(21) RSA 265-A:43, driving a motor vehicle while in possession of drugs;

(22) RSA 265-A:2, driving while under the influence of drugs or liquor;

(23) RSA 265-A:3, aggravated driving while intoxicated; or

(24) RSA 265:79-a, vehicular assault.

A Criminal Defense Attorney Additional Penalties for Traffic Violations

     Every time you have to deal with a traffic violation, it should be taken seriously. If the demerit points continue to accumulate, you will be viewed as a habitual offender and the severity of the punishments will increase. The court will issue higher fines and the license suspension will last for longer periods of time. Multiple convictions can also lead to higher auto insurance rates, and the requirement to file an SR-22. If you seek legal assistance, a criminal defense attorney can create an effective strategy for fighting the charges.

Speak with A Criminal Defense Attorney

     If you have been charged with a traffic violation, you should speak with a criminal defense lawyer. We work closely with our clients and utilize our legal expertise to help them. Set up a consultation by calling us at (603) 880-6100.

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