Reckless driving in New Hampshire is a major moving violation offense that can result in a heavy fine and loss of license.
Reckless driving falls under “serious traffic offenses” in NH law. It’s RSA 265:79 and states:
“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.”
RSA 626:2, II(c) states:
“’Recklessly.’ A person acts recklessly with respect to a material element of an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the circumstances known to him, its disregard constitutes a gross deviation from the conduct that a law-abiding person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of having voluntarily engaged in intoxication or hypnosis also acts recklessly with respect thereto.”
If a law enforcement officer believes a driver was knowingly operating a vehicle on a public road in a way that could result in injury or death, that driver could be charged with reckless driving.
There are many situations that could lead to being arrested and charged with reckless driving in NH. Depending on the speed of a vehicle, a police officer may consider a reckless driving ticket. If the driver is distracted or displays road rage, he may be pulled over for reckless driving. A driver who is racing another vehicle can be pulled over and charged with reckless driving.
In you have been charged with reckless driving, the State bears the burden of proving that the driver was aware that his actions could cause substantial harm and he was indifferent to that risk. It is important to have an experienced reckless driving defense attorney by your side during these cases, as a conviction can have severe consequences on your license and your life.
A first offense conviction results in a fine of at least $500 and a loss of license for 60 days. A second offense also results in a 60-day loss of license, up to 1 year, and the fine increases to between $750 and $1,000.
Additionally, because of the manner in which reckless driving is classified, a convicted driver receives six demerit points on their motor vehicle record. These points stay on a driver’s record for five years. Receiving demerit points can also result in higher automobile insurance rates. It can also lead to being classified as a habitual offender, which could result in a jail sentence.
If you are facing a reckless driving violation in NH, contact Tenn And Tenn, P.A. to discuss your case. Call (603) 624-3700 or fill out our online contact form to schedule a consultation with an attorney from Tenn And Tenn, P.A.