Tuesday, January 3, 2017

Ithaca DWI Lawyer: New Hampshire Driver's License and a New York Speeding Ticket

More than a Motto
New Hampshire License Holders
Have Rights

I love the "Live Free or Die" state. I think that their slogan, and their attitude is so American. New England states have patriotism in spades. People who live there understand that people have rights but they need to be exercised to stay strong, just like muscles.

New York State doesn't give points for out of state tickets. Many states are NOT like New York in that out of state moving violations have consequences back in your home state. New Hampshire is one of those states. So what happens to your license and your driving record back in New Hampshire if you get a New York speeding ticket or other moving violation?

New Hampshire DMV Counts New York Infractions as if They Happened in New Hampshire

So if you get a 100 mph speeding ticket in New York, New Hampshire DMV will count it as if you were doing 100mph in New Hampshire. They will put on your home state driving record the nature and character of the offense NOT the New York points. If you are convicted of any NY violation, then New Hampshire will also count it as a conviction.

I'm not licensed in New Hampshire but I can read the law,

For the purposes of this legal section, a “conviction” is defined as and includes a violation of any motor vehicle offense, whether it occurred in New Hampshire or any other jurisdiction.

If the person holds a New Hampshire driver's license, the DMV commissioner shall give the same effect to the offense or conduct reported, as he would if the offense or conduct had occurred in New Hampshire.

New Hampshire DMV has Demerit Points Not Just Points

New York state point system gives 8 points for a speed 31 mph or more over the limit. New Hampshire has a 2 tier system, 25 mph or more or 24 mph or less over the speed limit. You get 4 demerit points for the 25 mph or higher, and 3 demerit points for 24 mph or less over the speed limit. New York has 3, 4, 6, and 8 points for speeding tickets. New Hampshire DMV gets complicated when it comes time to get suspended for too many demerit points, with variances for under 18 years of age, under 21 years of age, over 21 years of age, basically if you're over 21 you can get a lot of these demerit points before getting suspended, like three 100 mph violations in a year. 

New Hampshire Drivers 21 Years of Age or Older are Subject to these DMV Suspensions:
  • 12 Demerit Points in one calendar year = up to 3 months suspension
  • 18 Demerit Points in two calendar years = up to 6 months suspension
  • 24 Demerit Points in three calendar years = up to 1 year suspension

Points Don't Carry State to State OR Point for Point BUT Violations Count to Car Insurance

So back to our New York 8 point speed of 100 mph, that would only be 4 demerit points in New Hampshire BUT the nature and character of the ticket, that offense would still be listed and recorded as 100 mph. That offense would still hammer your auto insurance rates. They would likely go through the roof, and that is why getting it reduced is so important regardless of your state.

If you are a New Hampshire license holder consult with a New Hampshire licensed attorney to fully understand any consequences back in your home state. Consult with a New York licensed attorney, preferably one who practices in the area and type of the offense with which you were charged.