N.H. Admin. Code § Saf-C 3802.05

Current through Register No. 36, September 5, 2024

Section Saf-C 3802.05 - Plea By Mail, Telephone or Online

(a) If a defendant wants to enter a not guilty plea, he/she shall:

(1) Check the appropriate box and sign on the back of the defendant's copy of the summons; and

(2) Mail the summons to the division within 30 days of the date of the summons.

(b) If a defendant wants to enter a plea of guilty or nolo contendere, he/she shall:

(1) Check the appropriate box and sign on the back of the defendant's copy of the summons; and

(2) Mail the summons to the division or appear in person at the division within 30 days of the date of the summons.

(c) If mailing the summons under paragraph (b), the defendant may pay by:

(1) Check or money order payable to the State of NH-MV; or

(2) Credit card, by entering his/her credit card number, expiration date and the name as it appears on the credit card in the space provided on the summons.

(d) If appearing in person at the division under paragraph (b), the defendant may pay the summons by:

(1) Cash;

(2) Check or money order payable to the State of NH-MV; or

(3) Credit card.

(e) The defendant may pay the summons under paragraph (b) by telephone using a credit card if he/she:

(1) Calls the toll free number printed on the summons, Monday through Friday, excluding holidays, between the hours of 8:15 a.m. EST and 4:15 p.m. EST;

(2) Provides the division with his/her name, date of birth, address and summons number;

(3) States the appropriate plea of guilty or nolo contendere to the division; and

(4) Provides his/her credit card number, expiration date, and the name as it appears on the credit card.

(f) Any summons that is returned without a plea and payment of fine and penalty assessments shall be returned to the defendant with instructions to complete the form properly. A defendant may resubmit his/her plea and payment of fine and penalty assessments as long as it is received by the division within the original 30 days of the date of the summons.

(g) The defendant may pay the summons under paragraph (b) online if he/she:

(1) Completes the division's online ticket payment process at http://www.nh.gov/safety/divisions/dmv/financial-responsibility/online-ticket-payment/index.htm and completes the online payment within 30 days of the date of issuance shown on the front of the summons;

(2) Agrees to the following certifications/disclosures under penalty of unsworn falsification pursuant to RSA 641:3:

a. That the defendant or other authorized person completing the online ticket payment process is the authorized card holder of the credit card used to complete the transaction;

b. That the defendant has read and understands the penalties and/or fees outlined on the reverse of the ticket and acknowledges that suspension action may be initiated for failure to comply with or properly respond to the traffic citation(s)/complaint(s) listed herein;

c. That the defendant understands that upon completion of each transaction a conviction record and demerit points, if applicable, will be posted to the defendant's motor vehicle record;

d. That the defendant understands and acknowledges that payment applies only to the transactions listed herein and has no effect on any other outstanding traffic citations/complaints issued to the defendant or any suspension/revocation actions, either in effect or pending, against the defendant's license/operating and/or registration privileges; and

e. That all information entered by the defendant herein is true and accurate to the best of the defendant's knowledge and belief; and

(3) Follows the directions provided during the online ticket payment process, including the frequently asked questions (FAQs), when submitting the following information:

a. First name, middle initial and last name, excluding suffixes, e.g., "jr.";

b. Date of birth;

c. Gender;

d. Valid e-mail address;

e. State on license;

f. License number;

g. Citation number;

h. Citation date;

i. Defendant's address as shown on citation;

j. Whether the address shown on the citation is the defendant's current address;

k. The statute "RSA" that the citation indicates has been violated;

l. Whether the vehicle involved was a commercial vehicle;

m. Whether the violation involved hazardous materials;

n. Whether the vehicle involved had a capacity of 16 or more passengers;

o. The law enforcement officer's department and badge number;

p. Whether the defendant pleads nolo contendere or guilty;

q. The name as displayed on the credit card used to complete the transaction;

r. The billing zip code of the credit card used to complete the transaction;

s. The type of credit card used to complete the transaction;

t. The expiration date of the credit card used to complete the transaction; and

u. The CVV number of the credit card used to complete the transaction.

N.H. Admin. Code § Saf-C 3802.05

#5539, eff 1-1-93; ss by #6891, eff 11-25-98, EXPIRED: 11-25-06

New. #8823, eff 2-21-07

Amended by Volume XXXV Number 23, Filed June 11, 2015, Proposed by #10825, Effective 5/14/2015, Expires 5/14/2025.

The amended version of this section by New Hampshire Register Volume 40, Number 50, eff. 11/23/2020 is not yet available.