New Hampshire Revised Statutes 262:27 – Issuance of Citation to Resident of Reciprocating State
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I. Other provisions of law to the contrary notwithstanding, a police officer making an arrest for a traffic violation shall issue a citation as appropriate to any motorist who is a resident of or holds a license issued by a reciprocating state and shall not, subject to the exceptions noted in N.H. Rev. Stat. § 262:27, II, require such motorist to post bail or bond to secure appearance for trial, but shall accept such motorist’s personal recognizance that he will comply with the terms of such citation; provided, however, that a person so arrested shall have the right upon his request to post bail or bond in a manner provided by law and, in such case, the provisions of this subdivision shall not apply.
II. No motorist shall be entitled to receive a citation under the provisions of N.H. Rev. Stat. § 262:27, I, nor shall any police officer issue such citation under said paragraph, if the offense for which the citation would be issued is one of the following:
(a) An offense for which the issuance of a citation in lieu of a hearing or the posting of collateral or bond is prohibited by the laws of this state; or
(b) An offense, the conviction of or the forfeiture of collateral for which requires the suspension or revocation of the motorist’s license.
III. Upon the failure of any nonresident to comply with the terms of such a traffic citation, the court having jurisdiction may issue a warrant for his arrest and he shall be subject to the penalty provisions of N.H. Rev. Stat. § 642:8. The court shall notify the department of the failure of the cited nonresident to appear. Said notification shall clearly identify the person arrested; describe the violation, specifying the section of the statute, code or ordinance violated; shall indicate the location of the offense, give description of vehicle involved, and show the registration or license number of the vehicle.
II. No motorist shall be entitled to receive a citation under the provisions of N.H. Rev. Stat. § 262:27, I, nor shall any police officer issue such citation under said paragraph, if the offense for which the citation would be issued is one of the following:
Terms Used In New Hampshire Revised Statutes 262:27
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Citation: shall mean any citation, summons, ticket or other document issued by an arresting officer for violation of a law, ordinance or rule, pertaining to motor vehicle traffic, ordering the arrested motorist to appear. See New Hampshire Revised Statutes 259:10
- Department: shall mean the department of safety of the state of New Hampshire. See New Hampshire Revised Statutes 259:19
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- License: shall mean any driver's license or any other license or permit to drive a vehicle issued under the laws of this state or a reciprocating state including:
I. See New Hampshire Revised Statutes 259:48 - Nonresident: shall mean :
I. See New Hampshire Revised Statutes 259:67 - Person: shall mean the same as provided in N. See New Hampshire Revised Statutes 259:74
- Personal recognizance: shall mean a signed agreement by an arrested motorist that he will comply with the terms of the citation served upon him at the time of arrest. See New Hampshire Revised Statutes 259:75
- Police officer: shall mean any constable, peace officer, or other officer authorized to make arrests or serve process. See New Hampshire Revised Statutes 259:78
- Reciprocating state: shall mean a state having provisions of law to the same effect as the provisions of this title relative to reciprocal provisions as to arrest of nonresidents. See New Hampshire Revised Statutes 259:84
- Resident: shall mean a resident of the state as defined in N. See New Hampshire Revised Statutes 259:88
- Revocation: shall mean the termination by formal action of the department or of a court of competent jurisdiction of a person's driver's license or privilege to drive on the ways of this state, or of any other license, registration or permit issued by the department. See New Hampshire Revised Statutes 259:90
- State: shall mean :
I. See New Hampshire Revised Statutes 259:106 - Statute: A law passed by a legislature.
- Suspension: shall mean the temporary withdrawal by formal action of the department or of a court of competent jurisdiction of a person's driver's license or privilege to drive a vehicle on the ways of this state, or any other license, registration or permit issued by the department, which temporary withdrawal shall be for a period specifically designated by the department or court and until the reissuance of the license, registration, permit or privilege. See New Hampshire Revised Statutes 259:107
- Traffic: shall mean pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any way for purposes of travel. See New Hampshire Revised Statutes 259:110
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:122
(a) An offense for which the issuance of a citation in lieu of a hearing or the posting of collateral or bond is prohibited by the laws of this state; or
(b) An offense, the conviction of or the forfeiture of collateral for which requires the suspension or revocation of the motorist’s license.
III. Upon the failure of any nonresident to comply with the terms of such a traffic citation, the court having jurisdiction may issue a warrant for his arrest and he shall be subject to the penalty provisions of N.H. Rev. Stat. § 642:8. The court shall notify the department of the failure of the cited nonresident to appear. Said notification shall clearly identify the person arrested; describe the violation, specifying the section of the statute, code or ordinance violated; shall indicate the location of the offense, give description of vehicle involved, and show the registration or license number of the vehicle.