Driving Offenses (other than DWI)
Many of our clients face charges for driving offenses such as
- Conduct after an Accident (leaving the scene or otherwise not reporting an accident)
- Driving after Certification as an Habitual Offender
- Driving with a suspended license
- Vehicular assault
- Reckless driving (for going over 100mph or otherwise driving recklessly)
- Negligent driving
- Sometimes, we handle a speeding ticket, usually for an out-of-state visitor who will have difficulty attending multiple court proceedings on their own.
- These charges can be brought in district or superior court, and can be brought as violations, misdemeanors, or even felony charges, in certain circumstances.
Why Hire a Lawyer for a Driving Offense?
1. The Law may be Different, and More Protective, than you Think.
Here's a common example in our practice. A 2016 New Hampshire Supreme Court decision holds that in a prosecution for operating with a suspended license, even if the charge is a non-criminal violation, the State must prove beyond a reasonable doubt that the driver knew she was under suspension. Proof that the driver actually was under suspension is not enough to prove guilt. Proof of written notice of suspension to last known address is not sufficient.
2. Collateral Consequences
Often, we are contacted by people who have pled guilty to a driving offense on their own, only to find themselves facing an unexpected and potentially catastrophic "collateral consequence" of the conviction such as:
- Certification as an Habitual Offender
- Probationary Driver status
- SR-22 requirement
- Points suspensions
- Under-20 Driver suspensions
We appear frequently at the Department of Safety for administrative hearings concerning these collateral consequences.