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Brandon M.
Brandon M., Counselor at Law
Category: Traffic Law
Satisfied Customers: 12237
Experience:  Licensed Attorney
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2 days ago my sister and I were in a car together and she was speeding down the high

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2 days ago my sister and I we're in a car together and she was speeding down the highway it was a 55 miles per hour zone and she ended up doing at least 90 cops ended up pulling her over and the speed limit that they caught was 89 miles per hour and she was yelling at me and swearing at me to switch seats with her becauseshe has a warrant and has a suspended drivers license I have 2 kids and because of that I now have court on August 5thI honestly never ever speed I am against it I'm always careful when driving. I never even had any trouble with the law, and 2 months ago I got into a car accident and I was put at fault for that because it was a rear end accident so what will my penalty for this situation be? well I end up losing my license? I'm just trying to figure out what will happen in court. I am the only one that can drive my kids around do food shopping and such. my husband is away with the military at the moment so that's why I'm the only one.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Brandon M. replied 1 year ago.

Brandon M. :

Hello there.

Customer:

Hello

Brandon M. :

Hell, and thank you for your question. The penalties will depend on how the offense is being charged. Do we know what code section you are cited with violating?

Brandon M. :

Excuse me.. I meant to say "Hello, and thank you for your question." That was a very unfortunate time for my letter "o" to stick. Please accept my sincerest apologies.

Customer:

Just speeding

Customer:

Lol that is ok.

Brandon M. :

Thank you for understanding.

Brandon M. :

The reason I ask is because, at those speeds, the driver can sometimes be charged with reckless driving. That would drastically increase the severity of the offense.

Customer:

Lol language is language

Brandon M. :

You also mentioned that you were found at fault for a rear-end accident. Did you receive a ticket for that?

Customer:

No i did not receive a ticket for the accident.

Brandon M. :

Thank you. And with regard to the speeding ticket, this was your first offense?

Customer:

Yes

Brandon M. :

Thank you. Please allow me just a moment to type out the answer to your question. If you have any follow-up questions after I provide the answer, you are more than welcome to ask.

Customer:

THank you

Brandon M. :

I should start by saying that because the nuances of every situation are different, this information should not be construed as complete or advice without consulting in person with counsel. As I mentioned, speeding at 34 mph over the speed limit could easily give rise to a reckless driving charge, so details like that must be taken into consideration. That said, let's start with the good news. The good news is that a first-time offense for speeding will not lead to a license suspension in New Hampshire if the driver is over age 21. Also, simply causing an auto accident is not, by itself, even a law enforcement event, so there would be no penalty with the state related to such an accident (although, the driver may be liable to the other driver for any damages caused by the accident). Furthermore, causing an auto accident will not, by itself, increase the severity of the any speeding penalty. So the actual penalty is not as bad as it would be if the driver was facing their third speeding offense within a year, for example.

That said, it does result in 6 points (which can cause a suspension for young drivers) which can lead to higher insurance rates, and the maximum penalty is a $1,000 fine (though the maximum is rarely given for a first offense, driving 34 mph over the limit could result in the max). Also, the driver may have to attend driving school.

Customer:

I am 21 yrs old...

Brandon M. :

As long as the driver has already had their 21st birthday, there would not be a suspension based on a single speeding ticket.

Customer:

And I only had my license for a few months.

Customer:

What will the result be if I told them the truth about my sister and I switching seats..

Brandon M. :

The length of time that the driver has been licensed is irrelevant to the penalty.

Brandon M. :

Well, it is a criminal offense to switch seats with a speeding driver in order for them to evade being ticketed. Depending on how it is charged, it could potentially result in jail time for both the driver and the passenger.

Customer:

So am I better off not mentioning what happend even if I felt threatened?

Brandon M. :

That's your personal decision, but there would normally be very, very little reason to say anything. Your sister wasn't threatening you with death or great bodily injury and it would likely be impossible to prove that she was the actual one driving unless she admitted to the crime. So to raise the defense, the alleged driver would basically have to prove that the alleged passenger is not only guilty of driving the vehicle over the speed limit and guilty of evading the police officer by switching seats, but also guilty of criminal threats to the passenger. If you can prove that your sister is guilty of these things, then I would talk to an attorney about raising that defense, but that kind of evidence is usually very hard to come by without a full confession.

Customer:

Don't cops have the dash cams? My sister won't admit it but my 4yr old son will.

Brandon M. :

Personally, I would probably insist that my sister pay the fine and any related increase in insurance costs, and seriously reconsider my relationship with her if she didn't pay and promise to never ask me to break the law again.

Customer:

I already told her she is paying it i don't know about the insurance going up though. I hope she pays for it.

Brandon M. :

If I may be straightforward, the testimony of a 4 year old is typically going to be useless. Some police cars are equipped with dash cams and others aren't, but those that are only record when they are turned on, and they will typically not turn on until the officer exits their vehicle.

Customer:

Oh ok because the cop that pulled us over was an under cover.

Brandon M. :

Even with an unmarked police car, the camera would still only run when turned on.


 

Customer:

Would he have said anything if he saw me and her switch seats?

Brandon M. :

Almost certainly, yes.

Customer:

Ok and on the ticket all that was mentioned was the speed.

Brandon M. :

Another thing to consider with a camera, is that even if the vehicle was equipped with a camera, and even if it was turned on, the camera isn't going to be able to see anything that the officer couldn't see.

Brandon M. :

That's a good sign. You don't want to be charged with reckless driving.

Customer:

My anxiety has been up a lot with this whole situation and ive been trying to find a lawyer for my court date and it's been bad. I never once ever got introuble with the law or even just all my school years. My sister on the other hand has a bad very bad criminal record

Customer:

Do you think I might need a lawyer for this situation?

Brandon M. :

Well, I will never tell someone to not get an attorney, but realistically, you could end up spending more on an attorney then you would just paying the ticket. I would recommend that you consult with an attorney and then hire the attorney only if it appears that it will significantly change the outcome of your case. Please allow me to refer you to the New Hampshire Bar Association: http://www.nhbar.org/lawyer-referral/ If you qualify, they can refer you to an attorney for a reduced cost or no cost.

Customer:

Thank you so much!

Brandon M. :

My pleasure, and I wish you all the best.

Customer:

Thank you again this all helped, so I should still be able to keep my license?

Brandon M. :

With no prior offenses and where the charge is speeding 34 mph over the speed limit, and where the New Hampshire-licensed driver is at least 21 years of age, the driver's license should not be suspended.

Customer:

Ok and no jail time right?

Brandon M. :

Correct.

Customer:

Ok thank you so much I feel a lot better! Thank you so much again.

Brandon M. :

It was my pleasure. Take care!

Customer:

Thank you you too.

Brandon M., Counselor at Law
Category: Traffic Law
Satisfied Customers: 12237
Experience: Licensed Attorney
Brandon M. and 6 other Traffic Law Specialists are ready to help you

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