How can I contest a traffic ticket in New Hampshire?
In New Hampshire many vehicle violations allow you to plead guilty, nolo contendere, or not guilty by mail instead of appearing in person. The summons you get should include a notice of fine and a form where you can enter a plea. If you enter not guilty by mail, the division of motor vehicles forwards your plea and the court schedules a trial.
If you do not enter a plea by mail or fail to appear on the arraignment date, the court may default you, set the fine as if you had pleaded guilty, assess an administrative processing fee, and in certain motor vehicle cases suspend driving privileges. Some minor municipal violations may use a similar mail-plea citation process.
Current New Hampshire law
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The deadline that matters
Return the completed plea form to the Division of Motor Vehicles within 30 days of the date of the summons.
What New Hampshire law says
The law allows mail pleas for many motor vehicle violations: a defendant who receives a summons and notice of fine may plead guilty or nolo contendere and return the plea and payment within 30 days, or may enter a not guilty plea on the summons and return it to the division of motor vehicles within 30 days so the court can set a trial date as required under N.H. Rev. Stat. § 262:44. A defendant charged with a vehicle offense that does not carry imprisonment may appear by counsel or by a citizen of good character instead of personally appearing, under N.H. Rev. Stat. § 262:43. The uniform fine schedule and notice-of-fine rules are set out in N.H. Rev. Stat. § 502-A:19-b, which also describes consequences if a defendant fails to enter a plea or appear, including default, administrative fees, and possible suspension of driving privileges in some title XXI cases. For certain municipal violations, a local ordinance citation procedure allows pleading by mail as described in N.H. Rev. Stat. § 31:39-d.
What to do
A common first step is to review the summons and the uniform notice of fine to see whether the offense is eligible for a mail plea.
A common next step is to prepare a written plea or contest letter and a hearing request to return with the not guilty plea; the in-app tool’s written plea/contest letter and hearing request can be used for this purpose.
A common option is to mail the completed summons form to the Division of Motor Vehicles within 30 days to enter not guilty so the court will schedule a trial.
A common choice is to arrange for an attorney or a citizen of good character to appear on your behalf if personal appearance is not required, as allowed under state law.
A common follow-up is to keep records of certified mail return receipts or other proof of timely filing, and to watch for the court’s notice of the trial or further instructions.
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Common questions
Can I contest a ticket by mail in New Hampshire?
Yes. For many motor vehicle violations the summons and notice of fine let you enter a not guilty plea by mail to the Division of Motor Vehicles, which forwards it to the court for scheduling, under N.H. Rev. Stat. § 262:44.
What happens if I do not respond or appear?
If you do not enter a plea by mail or fail to appear on the arraignment date, the court may default you, impose the fine and an administrative processing fee, and in certain motor vehicle cases suspend driving privileges as described in N.H. Rev. Stat. § 502-A:19-b.
Can someone appear for me in court?
For vehicle offenses that do not carry imprisonment, you may appear by counsel or by any citizen of good character instead of appearing in person, under N.H. Rev. Stat. § 262:43.
Can I pay the fine by credit card when I plead by mail?
The director of the division of motor vehicles may accept credit card payment in lieu of cash for fines as provided in N.H. Rev. Stat. § 262:44.
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This is legal information, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
