CHAPTER Saf-C 3800 PLEA BY MAIL AND TELEPHONE

CHAPTER Saf-C 3800 PLEA BY MAIL, TELEPHONE AND ONLINE

PART Saf-C 3801 DEFINITIONS

Saf-C 3801.01 "Defendant" means a person summoned to answer a charge or complaint.

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

New. #8823, eff 2-21-07; ss by #10825, eff 5-14-15

Saf-C 3801.02 "Department" means “department” as defined in RSA 259:19.

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

New. #8823, eff 2-21-07; ss by #10825, eff 5-14-15

Saf-C 3801.03 "Division" means “division” as defined in RSA 259:22.

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

New. #8823, eff 2-21-07; ss by #10825, eff 5-14-15

Saf-C 3801.04 "Nolo contendere" means a plea by the defendant that he/she is not contesting the charges or complaint.

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

New. #8823, eff 2-21-07; ss by #10825, eff 5-14-15

PART Saf-C 3802 GENERAL ADMINISTRATION

Saf-C 3802.01 Summons. The law enforcement officer shall issue a summons to the defendant on form DSMV 428.

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

New. #8823, eff 2-21-07; ss by #10825, eff 5-14-15

Saf-C 3802.02 Information on Form DSMV 428.

(a) The law enforcement officer shall furnish the following on form DSMV 428:

(1) The name and address of the court having jurisdiction in which the violation occurred;

(2) Whether the defendant is required to appear in person at the court;

(3) The defendant's name, address and date of birth;

(4) The defendant's sex, race, height, weight, hair color and eye color;

(5) The defendant's license number, license class and state of issuance;

(6) The date and location of the violation;

(7) The registration number, plate, make, year and type of motor vehicle;

(8) Whether the vehicle involved is a commercial vehicle;

(9) Whether the defendant's license is a commercial driver license;

(10) Whether the violation involved hazardous materials;

(11) Whether the vehicle involved has a capacity of 16 or more passengers;

(12) The specific violation; and

(13) The law enforcement officer’s name, department and badge number or identification number.

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

New. #8823, eff 2-21-07; ss by #10825, eff 5-14-15

Saf-C 3802.03 Distribution of Form DSMV 428.

(a) If the law enforcement officer indicates on form DSMV 428 that the defendant is required to appear in person at the stated court, the law enforcement officer shall distribute form DSMV 428 by:

(1) Providing one copy to the defendant;

(2) Retaining 2 copies for the law enforcement officer’s agency; and

(3) Providing the remaining copies to the stated court.

(b) If the law enforcement officer does not indicate on form DSMV 428 that the defendant is required to appear in person at the stated court, the law enforcement officer shall distribute form DSMV 428 by:

(1) Providing one copy to the defendant;

(2) Retaining 2 copies for the law enforcement officer’s agency; and

(3) Providing the remaining copies to the division.

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

New. #8823, eff 2-21-07; ss by #10825, eff 5-14-15

Saf-C 3802.04 Pleas.

(a) A defendant who is issued a summons and notice of fine and who does not have to appear in person at the stated court, shall enter his/her plea by:

(1) Checking the appropriate plea on the back of the defendant's copy of the summons and mailing it to the division within 30 days of the date of the summons;

(2) Checking the appropriate plea on the back of the defendant's copy of the summons and returning it in person to the division within 30 days of the date of the summons; or

(3) Stating the appropriate plea of guilty or nolo contendere to the division, if paying the fine and penalty assessments by credit card as set forth in Saf-C 3802.05.

(b) Any summons returned with payment of fine and penalty assessments but no plea, shall result in a guilty finding. Such convictions shall be final and may only be set aside by a district court for good cause.

(c) Any plea received after 30 days of the date of the summons shall be deemed untimely and the defendant shall be subject to the default provisions of RSA 263:56-a.

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

New. #8823, eff 2-21-07; ss by #10825, eff 5-14-15

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

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

(1) Check the appropriate box and sign on the back of the defendant's copy of the DSMV 428 (rev. 11/20) “Uniform Motor Vehicle Summons” form; 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 or 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 shall pay by check or money order payable to the State of NH-MV.

(d) If appearing in person at the division under paragraph (b), the defendant shall 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 or she:

(1) Calls the toll free number printed on the summons, Monday through Friday, excluding holidays, between the hours of 8:00 a.m. EST and 4:30 p.m. EST;

(2) Provides the division with his or 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 or 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 or 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 or she:

(1) Completes the division’s online ticket payment process at https://forms.nh.gov/OnlineServices/OTP 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 or 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 the fees, if applicable, outlined on the reverse of the summons and acknowledges that suspension action may be initiated for failure to comply with or properly respond to the summons for which the defendant is making payment in the online ticket payment system;

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 for which the defendant is making payment in the online ticket payment system and has no effect on any other outstanding traffic violations or complaints issued to the defendant or any suspension or revocation actions, either in effect or pending, against the defendant’s license or operating privilege, registration privileges, or both; and

e. That all information entered by the defendant online 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 on the back of the credit card used to complete the transaction.

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

New. #8823, eff 2-21-07; ss by #10825, eff 5-14-15; ss by #13133, eff 11-23-20

Saf-C 3802.06 Payment of Defaults. A defendant may pay any fines, penalty assessments and fees resulting from a defaulted summons, by following the procedures set forth in Saf-C 3802.05.

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

New. #8823, eff 2-21-07; ss by #10825, eff 5-14-15

RULE	STATUTE
Saf-C 3801.01	RSA 541-A:7
Saf-C 3801.02	RSA 259:19
Saf-C 3801.03	RSA 259:22
Saf-C 3801.04	RSA 541-A:7
Saf-C 3802.01-3802.06	RSA 262:44