Legal Question in Traffic Law in New Hampshire

Reckless Driving???

State: NH

Town: Portsmouth

I was travelling north on I-95 in heavy traffic in the right lane. I approached my exit at 15 mph over the posted limit but my speed matched traffic in front, to my left and behind me. The two lane ramp was empty, and a straight path about one half of a mile long before it reached a rotary. As I exited I coasted immediately noticing two vehicles behind me exiting as well. A Portsmouth town officer was parked in some trees about 300 ft. from the beginning of the ramp and clocked me at 70 mph. The officer didn't ticket me for speeding but cited me for reckless endagerment and now I risk loosing my license for a basic moving violation. This seems excessive. Do I have any valid arguement to work with?


Asked on 11/14/01, 5:53 pm

1 Answer from Attorneys
Roy Weddleton Granite Law

Re: Reckless Driving???

Look at RSA 265:79 Reckless Driving. The State must prove prove beyond a reasonable doubt that you were driving in such a manner that the lives or safety of the public were endangered. You need to get the officer to initially agree as to the exact traffic, pedestrian, weather, road conditions and then let him describe your actions.

Good luck.

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Answered on 11/15/01, 9:07 am


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