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Stopped For Speeding? Facts to Know.
February 22nd, 2020
Contributor: Kevin P. O'Keefe
NH RSA 265:60, Speed Limitations, is a common violation that harms clients through negative impacts on insurance, commercial drivers licensure (CDL), habitual offender points, fines and more. This statute lays out fine schedules and default speed limits for various areas. A speeding conviction is considered a minor offense towards habitual offender certification.
Section I of RSA 265:60 states: No person shall drive a vehicle on a way at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the way in compliance with legal requirements and the duty of all persons to use due care.
Under Section II, if a driver exceeds the speed limit, that is prima facie evidence that the speed is not reasonable or prudent. What does prima facie evidence mean? It means evidence that is presumptively sufficient to meet the burden of proof unless rebutted by evidence to the contrary. The quality and quantity of that evidence is factual and varies in each case.
Can your license be suspended for a speeding conviction? Yes. Under RSA 263:57, the judge may suspend your license up to 30 days depending on the facts of the case.
Categories: Motor Vehicle