CHAPTER Saf-C 3800 PLEA BY MAIL,
TELEPHONE AND ONLINE
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; ss by #10825, eff 5-14-15
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; ss by #10825, eff 5-14-15
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; ss by #10825, eff 5-14-15
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; ss by #10825, eff 5-14-15
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; ss by #10825, eff 5-14-15
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 and address of the court having jurisdiction in which the violation
occurred;
(2)
Whether the defendant is required to appear in person at the court;
(3)
The defendant's name, address and date of birth;
(4)
The defendant's sex, race, height, weight, hair color and eye color;
(5)
The defendant's license number, license class and state of issuance;
(6)
The date and location of the violation;
(7)
The registration number, plate, make, year and type of motor vehicle;
(8)
Whether the vehicle involved is a commercial vehicle;
(9)
Whether the defendant's license is a commercial driver license;
(10)
Whether the violation involved hazardous materials;
(11)
Whether the vehicle involved has a capacity of 16 or more passengers;
(12) The
specific violation; and
(13) The law enforcement officer’s name,
department and badge number or identification number.
Source. #5539, eff 1-1-93; ss by #6891, eff 11-25-98,
EXPIRED: 11-25-06
New. #8823, eff 2-21-07; ss by #10825, eff 5-14-15
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; ss by #10825, eff 5-14-15
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; ss by #10825, eff 5-14-15
Saf-C 3802.05 Plea By Mail, Telephone or
Online.
(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:
(1)
Check or money order payable to the State of NH-MV; or
(2)
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:
(1)
Cash;
(2)
Check or money order payable to the State of NH-MV; or
(3)
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, excluding holidays, between the hours of 8:15 a.m. EST and 4:15 p.m.
EST;
(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.
(g) The defendant may pay the summons under
paragraph (b) online if he/she:
(1) Completes the division’s online ticket
payment process at http://www.nh.gov/
safety/divisions/dmv/financial-responsibility/online-ticket-payment/index.htm
and completes the online payment within 30 days of the date of issuance shown
on the front of the summons;
(2)
Agrees to the following certifications/disclosures under penalty of
unsworn falsification pursuant to RSA 641:3:
a. That the defendant or other authorized person completing the online ticket
payment process is the authorized card holder of the credit card used to
complete the transaction;
b.
That the defendant has read and understands the penalties and/or fees
outlined on the reverse of the ticket and acknowledges that suspension action
may be initiated for failure to comply with or properly respond to the traffic
citation(s)/complaint(s) listed herein;
c.
That the defendant understands that upon completion of each transaction
a conviction record and demerit points, if applicable, will be posted to the
defendant’s motor vehicle record;
d. That the defendant understands and
acknowledges that payment applies only to the transactions listed herein and
has no effect on any other outstanding traffic citations/complaints issued to
the defendant or any suspension/revocation actions, either in effect or
pending, against the defendant’s license/operating and/or registration
privileges; and
e. That all information entered by the defendant herein is true and accurate to
the best of the defendant’s knowledge and belief; and
(3)
Follows the directions provided during the online ticket payment
process, including the frequently asked questions (FAQs), when submitting the
following information:
a.
First name, middle
initial and last name, excluding suffixes, e.g., “jr.”;
b.
Date of birth;
c.
Gender;
d. Valid e-mail address;
e.
State on license;
f.
License number;
g.
Citation number;
h.
Citation date;
i. Defendant’s address as shown on citation;
j. Whether the address shown on the citation is the
defendant’s current address;
k. The statute “RSA” that the citation indicates
has been violated;
l.
Whether the
vehicle involved was a commercial vehicle;
m.
Whether the
violation involved hazardous materials;
n.
Whether the
vehicle involved had a capacity of 16 or more passengers;
o. The law enforcement officer’s department and
badge number;
p.
Whether the
defendant pleads nolo contendere or guilty;
q. The name as displayed on the credit card used to
complete the transaction;
r. The billing zip code of the credit card used to
complete the transaction;
s. The type of credit card used to complete the
transaction;
t. The expiration date of the credit card used to
complete the transaction; and
u. The CVV number of the credit card used to
complete the transaction.
Source. #5539, eff 1-1-93; ss by #6891, eff 11-25-98,
EXPIRED: 11-25-06
New. #8823, eff 2-21-07; ss by #10825, eff 5-14-15
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; ss by #10825, eff 5-14-15
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 |