According to Safe Home, New Hampshire saw over 3,400 driving while intoxicated (DWI) arrests in 2022 alone. Driving under the influence is just one example of a traffic crime, and there are many others to consider. Some traffic crimes are more subtle, while others are clearly against the law. Certain traffic offenses seem to straddle the line between accidental and criminal behavior, posing unique challenges for both prosecutors and defendants. Those who face traffic charges may want to speak with a criminal defense lawyer for guidance, whether they face fines or felony prison sentences. Whatever the case may be, it might be possible to avoid traffic penalties with help from a New Hampshire criminal defense lawyer. Consider discussing the next potential steps in more detail with Friedman & Beswick, PLLC. New Hampshire residents in Meredith, Laconia, and Belknap Counties can reach us at (603) 707-4800.
The Most Obvious Traffic Crimes Are Intentional
In terms of criminal law, the most obvious traffic offenses are intentional. While some motorists may be able to argue that they made honest mistakes, this strategy simply does not work with more obvious offenses.
Intentional Ramming Attacks
A motorist who intentionally rams another vehicle or engages in similar “road rage” behavior faces serious criminal consequences. In this situation, there is no real way to argue that the offense was accidental. Assuming the presence of compelling evidence, motorists who carry out intentional ramming attacks face charges like aggravated assault with a deadly weapon and (if the incident proves fatal) murder. Those who carry out intentional ramming attacks in crowded areas may even face terrorism charges.
Illegal Street Racing
Another clear and obvious traffic crime is street racing. This pastime has become increasingly dangerous, and the National Hot Rod Association reports that almost 50 people are injured for every 1,000 people who participate in illegal street races. Aside from street racing, drivers might also face penalties for “street takeovers.” These are illegal events involving burnouts and donuts, usually in intersections or parking lots. In New Hampshire, drivers who participate in either street races or takeovers may face charges of reckless driving. While motorists might be able to challenge reckless driving charges in other, more nuanced situations, courts take a strict stance against street racing. As a result, higher fines and jail time are more likely for this criminal offense.
Fleeing From the Police
Fleeing from the police is another obvious traffic offense that may be difficult to handle. If motorists flee from clearly designated police vehicles, they may face class A misdemeanors. This could lead to up to one year in jail and a fine of up to $2,000. These penalties become much more severe if the defendant has prior convictions, or if the police chase causes or risks significant property damage and bodily injuries. That being said, defendants may be able to push back against these charges if the pursuing officers failed to identify themselves. For example, the pursuing police vehicle may have been unmarked with no lights or sirens.
Examples of More Subtle Traffic Crimes
The criminal law surrounding traffic offenses is less defined in many other situations. Some traffic incidents can be prosecuted as crimes or mere “accidents” depending on the circumstances. From the perspective of a defendant, it obviously makes sense to frame the situation as an accident rather than a crime. This is something a criminal defense law firm like Friedman & Beswick, PLLC may be able to help with.
Hit-and-Run
Motorists must pull over and stop after accidents in New Hampshire. Those who drive away without stopping may face serious penalties, regardless of whether they caused the collision or not. These penalties become particularly serious after accidents involving fatalities or serious bodily injuries, and motorists could face many years in prison if convicted. In this way, a basic accident can become a serious felony. In many cases, drivers who stop at crash scenes face no criminal penalties or traffic tickets when police arrive. For example, a motorist might flee after striking a jaywalker before facing felony charges. If they simply pulled over and called 911, they would likely face no consequences whatsoever.
Note that motorists may be able to argue that they did not notice collisions before driving away. For example, a pickup driver could theoretically mistake a human body for a speed bump. Intent is an important element of hit-and-run laws in New Hampshire, and those who did not intentionally flee accidents may be able to avoid penalties.
Driving While Intoxicated
Driving while intoxicated is another example of a potentially less straightforward crime. In some DWI cases, defendants are clearly guilty of extremely irresponsible behavior. In other cases, however, it is difficult to determine whether allegedly intoxicated motorists were actually doing anything wrong. For example, a driver might have a BAC level of 0.09% – just barely above the legal limit in New Hampshire. There may be some indication that the Breathalyzer device malfunctioned prior to the test, or that the arresting officer failed to calibrate it properly. Sometimes, there is no breath or blood test at all – and the arrest stems entirely from the highly subjective observations of the arresting officer.
This situation can become even more complex in cases involving motorists with much lower legal limits, such as drivers under 21 or professional truckers. A driver under the age of 21 could theoretically surpass the 0.02% threshold simply by drinking kombucha or taking certain prescription medications. The same logic applies to truckers, making it very difficult to distinguish between a “crime” and a simple misunderstanding.
Discuss Traffic Criminal Law With Friedman & Beswick, PLLC
Even in the absence of criminal charges, a traffic infraction can lead to serious consequences. Fines can lead to economic instability, and losing a license can have major implications for careers and family obligations. Whether drivers face simple traffic tickets or potential prison time, it makes sense to take these penalties seriously. Defendants may find that fighting tickets and criminal charges in court is easier than they realize, and an experienced New Hampshire criminal defense lawyer may be able to guide motorists toward positive outcomes. Potential strategies include fighting tickets in DMV courts, negotiating for lighter penalties, facilitating alternative sentencing programs, and pursuing acquittal in criminal courts. Defendants should choose strategies that fit their unique needs, and they may be able to discuss their specific circumstances with lawyers during consultations. To continue this conversation, consider contacting Friedman & Beswick, PLLC at (603) 707-4800. We serve New Hampshire residents in Meredith, Laconia, and Belknap Counties.
