CHAPTER Saf-C 3800 PLEA BY MAIL AND TELEPHONE
PART Saf-C 3801 DEFINITIONS
Saf-C 3801.01
"Defendant" means a person summoned to answer a charge or
complaint.
Source.
#5539, eff 1-1-93; ss by #6891, eff 11-25-98, EXPIRED: 11-25-06
New. #8823, eff 2-21-07
Saf-C 3801.02
"Department" means “department” as defined in RSA 259:19.
Source. #5539, eff 1-1-93; ss by #6891, eff 11-25-98,
EXPIRED: 11-25-06
New. #8823, eff 2-21-07
Saf-C 3801.03
"Division" means “division” as defined in RSA 259:22.
Source.
#5539, eff 1-1-93; ss by #6891, eff 11-25-98, EXPIRED: 11-25-06
New. #8823, eff 2-21-07
Saf-C 3801.04
"Nolo contendere"
means a plea by the defendant that he/she is not contesting the charges or
complaint.
Source.
#5539, eff 1-1-93; ss by #6891, eff 11-25-98, EXPIRED: 11-25-06
New. #8823, eff 2-21-07
PART Saf-C 3802 GENERAL ADMINISTRATION
Saf-C 3802.01
Summons. The law enforcement
officer shall issue a summons to the defendant on form DSMV 428.
Source.
#5539, eff 1-1-93; ss by #6891, eff 11-25-98, EXPIRED: 11-25-06
New. #8823, eff 2-21-07
Saf-C 3802.02
Information on Form DSMV 428.
(a) The
law enforcement officer shall furnish the following on form DSMV 428:
(1)
The name of the county in which the violation occurred;
(2)
The name and address of the court having jurisdiction in which the
violation occurred;
(3) Whether
the defendant is required to appear in person at the court;
(4)
The defendant's name, address and date of birth;
(5)
The defendant's sex, race, height, weight, hair color and eye color;
(6)
The defendant's license number and state of issuance;
(7)
The date and location of the violation;
(8)
The registration number, plate, make, year and type of motor vehicle;
(9)
Whether the vehicle involved is a commercial vehicle;
(10)
Whether the defendant's license is a commercial driver license;
(11)
Whether the violation involved hazardous materials;
(12)
The specific violation;
(13)
The pavement, traffic and weather conditions; and
(14)
The law enforcement officer’s name, department and badge number or
identification number.
(b) The
law enforcement officer may include the signature of a justice of the peace on
form
DSMV 428.
Source.
#5539, eff 1-1-93; ss by #6891, eff 11-25-98, EXPIRED: 11-25-06
New. #8823, eff 2-21-07
Saf-C 3802.03
Distribution of Form DSMV 428.
(a) If
the law enforcement officer indicates on form DSMV 428 that the defendant is
required to appear in person at the stated court, the law enforcement officer
shall distribute form DSMV 428 by:
(1) Providing
one copy to the defendant;
(2)
Retaining 2 copies for the law enforcement officer’s agency; and
(3)
Providing the remaining copies to the stated court.
(b) If
the law enforcement officer does not indicate on form DSMV 428 that the
defendant is required to appear in person at the stated court, the law
enforcement officer shall distribute form DSMV 428 by:
(1)
Providing one copy to the defendant;
(2)
Retaining 2 copies for the law enforcement officer’s agency; and
(3)
Providing the remaining copies to the division.
Source.
#5539, eff 1-1-93; ss by #6891, eff 11-25-98, EXPIRED: 11-25-06
New. #8823, eff 2-21-07
Saf-C 3802.04
Pleas.
(a) A
defendant who is issued a summons and notice of fine and who does not have to
appear in person at the stated court, shall enter his/her plea by:
(1)
Checking the appropriate plea on the back of the defendant's copy of the
summons and mailing it to the division within 30 days of the date of the
summons;
(2)
Checking the appropriate plea on the back of the defendant's copy of the
summons and returning it in person to the division within 30 days of the date
of the summons; or
(3)
Stating the appropriate plea of guilty or nolo contendere to the division, if paying the fine and penalty
assessments by credit card as set forth in Saf-C 3802.05.
(b) Any summons returned with payment of fine and penalty assessments but no plea, shall result in a guilty finding. Such convictions shall be final and may only be set aside by a district court for good cause.
(c)
Any plea received after 30 days of the date of the summons shall be
deemed untimely and the defendant shall be subject to the default provisions of
RSA 263:56-a.
Source.
#5539, eff 1-1-93; ss by #6891, eff 11-25-98, EXPIRED: 11-25-06
New. #8823, eff 2-21-07
Saf-C 3802.05
Plea-By-Mail or Telephone.
(a) If
a defendant wants to enter a not guilty plea, he/she shall:
(1) Check
the appropriate box and sign on the back of the defendant's copy of the
summons; and
(2)
Mail the summons to the division within 30 days of the date of the
summons.
(b) If a defendant wants to enter
a plea of guilty or nolo contendere, he/she
shall:
(1)
Check the appropriate box and sign on the back of the defendant's copy
of the summons; and
(2)
Mail the summons to the division or appear in person at the division
within 30 days of the date of the summons.
(c) If
mailing the summons under paragraph (b), the defendant may pay by:
a.
Check or money order payable to the State of
b.
Credit card, by entering his/her credit card number, expiration date and
the name as it appears on the credit card in the space provided on the summons.
(d) If appearing in person
at the division under paragraph (b), the defendant may pay the summons by:
a. Cash;
b. Check or money order
payable to the State of
c. Credit card.
(e) The defendant may pay the summons under paragraph (b) by telephone using a credit card if he/she:
(1)
Calls the toll free number printed on the summons, Monday through Friday
between the hours of 8:15 a.m. and 4:15 p.m.;
(2)
Provides the division with his/her name, date of birth, address and
summons number;
(3)
States the appropriate plea of guilty or nolo contendere to the division; and
(4)
Provides his/her credit card number, expiration date, and the name as it
appears on the credit card.
(f)
Any summons that is returned without a plea and payment of fine and
penalty assessments shall be returned to the defendant with instructions to
complete the form properly. A defendant
may resubmit his/her plea and payment of fine and penalty assessments as long
as it is received by the division within the original 30 days of the date of
the summons.
Source.
#5539, eff 1-1-93; ss by #6891, eff 11-25-98, EXPIRED: 11-25-06
New. #8823, eff 2-21-07
Saf-C 3802.06
Payment of Defaults. A
defendant may pay any fines, penalty assessments and fees resulting from a
defaulted summons, by following the procedures set forth in Saf-C 3802.05.
Source.
#5539, eff 1-1-93; ss by #6891, eff 11-25-98, EXPIRED: 11-25-06
New. #8823, eff 2-21-07
APPENDIX
|
RULE |
STATUTE |
|
Saf-C 3801.01 |
RSA 541-A:7 |
|
Saf-C 3801.02 |
RSA 259:19 |
|
Saf-C 3801.03 |
RSA 259:22 |
|
Saf-C 3801.04 |
RSA 541-A:7 |
|
Saf-C 3802.01-3802.06 |
RSA 262:44 |