Hit and Run Laws in

New Hampshire


264:25 Conduct After Accident. –

I. The driver of a vehicle who knows or should have known that he or she has just been involved in any accident which resulted in death, personal injury or damages to property, shall immediately stop such vehicle at the scene of the accident and give to the driver or owner of any other vehicle involved in said accident, and to any person injured, and to the owner of any property damaged, the driver's name and address, driver's license number, the registration number of the vehicle and the name and address of each occupant. If by reason of injury, absence or removal from the place of the accident, or other cause, such injured person, or driver of such other vehicle, or owner of the property damaged, or any of them, is unable to understand or receive the information required in this section, such information shall be given to any uniformed police officer arriving at the scene of the accident or immediately to a police officer at the nearest police station. Any person driving a vehicle which is in any manner involved in an accident or any person who owns a vehicle which was illegally parked when it was involved in an accident shall within 15 days after such accident report in writing to the division the facts required hereunder together with a statement of the circumstances if any person is injured or killed, or if damage to property is in excess of $1,000, unless the accident is investigated by a police officer, in which case a report filed by such officer shall satisfy the requirements of this section; provided, however, that any person not otherwise required by this paragraph to file a report, who owns a vehicle which was involved in an accident, may file a report as provided by this paragraph. Voluntary intoxication shall not constitute a defense in the matter of knowledge under the provisions of this section. All reports, filed as required in this paragraph, shall be in the form prescribed by the director and shall contain information to enable the division to determine whether the requirements for the deposit of security under RSA 264:3 are inapplicable by reason of the existence of insurance or other exceptions specified in that chapter. If such driver is physically or mentally incapable of making such report, the owner of the vehicle involved in such accident or the owner's representative shall, after learning of the accident, forthwith make such report. The driver or the owner shall furnish such additional relevant information as the division shall require. The provisions of this section shall be of general application and shall not be restricted to a way as defined in RSA 259.

II. No report required under paragraph I, nor any certificate issued by the director under the authority provided by this paragraph, may be used as evidence in any criminal trial arising out of a reported accident where the reporting party is a defendant except that:

(a) The director may use such report in connection with the director's duties under RSA 264:3.

(b) The director may furnish upon demand of any party to a trial, or upon demand of any court or law enforcement agency, a certificate showing that a specified report has or has not been filed with the director, and, if such report has been made, the date, time and location of the accident, the names and addresses of the drivers and owners of the vehicles involved and the investigating officers if known.

III. This section shall not prevent the prosecution of any charges brought under RSA 264:28 or RSA 264:29.

Source. 1911, 133:20. 1921, 119:19. 1925, 50:1. PL 102:17. 1931, 84:1. 1937, 161:5. 1939, 101:1. RL 118:19. 1949, 34:1; 249:1. 1951, 66:3. RSA 262:23. 1957, 144:1. 1963, 330:1. RSA 262-A:67. 1965, 207:4. 1967, 257:1. 1973, 211:1. 1977, 460:1. 1981, 146:1; 263:1, 2; 278:1, 3; 479:25. 1990, 81:1. 1997, 314:2, 3, eff. Jan. 1, 1998.

264:29 Penalty. –

Whoever fails to comply with the foregoing requirements relating to injury to property, or relating to the report to be made to the division, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

Whoever fails to comply with the foregoing requirements when death or personal injury results, or whoever gives information required knowing or having reason to believe that such information is false, or fails to comply with any of the other requirements thereof shall be guilty of a class B felony.

Source. 1911, 133:20. 1921, 119:19. 1925, 50:1. PL 102:18. RL 118:20. 1951, 66:4. 1953, 144:1. RSA 262:25. 1963, 330:1. RSA 262-A:69. 1973, 529:50. 1981, 146:1, eff. Jan. 1, 1982.

651:2 Sentences and Limitations. –

I. A person convicted of a felony or a Class A misdemeanor may be sentenced to imprisonment, probation, conditional or unconditional discharge, or a fine.

II. If a sentence of imprisonment is imposed, the court shall fix the maximum thereof which is not to exceed:

(a) Fifteen years for a class A felony,

(b) Seven years for a class B felony,

(c) One year for a class A misdemeanor,

(d) Life imprisonment for murder in the second degree, and, in the case of a felony only, a minimum which is not to exceed 1/2 of the maximum, or if the maximum is life imprisonment, such minimum term as the court may order.

II-a. A person convicted of murder in the first degree shall be sentenced as provided in RSA 630:1-a.

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Source. 1971, 518:1. 1973, 370:2. 1974, 34:13, 14. 1977, 397:1; 403:2. 1979, 126:6; 377:8. 1981, 397:1. 1982, 36:2. 1983, 382:8. 1986, 156:4. 1988, 19:4. 1989, 295:2. 1990, 95:1. 1991, 355:102. 1992, 19:1; 269:8-10; 284:85, 86, XIII. 1994, 192:1, 2. 1995, 237:4, eff. Jan. 1, 1996. 1996, 93:2-9, eff. Jan. 1, 1997. 1998, 366:3, eff. June 26, 1998. 1999, 158:4, eff. June 28, 1999.

625:8 Limitations. –

I. Except as otherwise provided in this section, prosecutions are subject to the following periods of limitations:

(a) For a class A felony, 6 years;

(b) For a class B felony, 6 years;

(c) For a misdemeanor, one year;

(d) For a violation, 3 months.

(e) For an offense defined by RSA 282-A, 6 years.

II. Murder may be prosecuted at any time.

II-a. [Repealed.]

III. If the period prescribed in paragraph I has expired, a prosecution may nevertheless be commenced:

(a) Within one year after its discovery by an aggrieved party or by a person who has a duty to represent such person and who is himself not a party to the offense for a theft where possession of the property was lawfully obtained and subsequently misappropriated or for any offense, a material element of which is either fraud or a breach of fiduciary duty; or

(b) For any offense based upon misconduct in office by a public servant, at any time when the defendant is in public office or within 2 years thereafter; or

(c) For any offense under RSA 208, RSA 210, or RSA 215, within 3 years thereafter; or

(d) For any offense under RSA 632-A or for an offense under RSA 639:2, where the victim was under 18 years of age when the alleged offense occurred, within 22 years of the victim's eighteenth birthday.

[Paragraph III(e) effective January 1, 2004.]

(e) For any offense where destruction or falsification of evidence, witness tampering, or other unlawful conduct delayed discovery of the offense, within one year of the discovery of the offense.

IV. Time begins to run on the day after all elements of an offense have occurred or, in the case of an offense comprised of a continuous course of conduct, on the day after that conduct or the defendant's complicity therein terminates.

V. A prosecution is commenced on the day when a warrant or other process is issued, an indictment returned, or an information is filed, whichever is the earliest.

VI. The period of limitations does not run:

(a) During any time when the accused is continuously absent from the state or has no reasonably ascertained place of abode or work within this state; or

(b) During any time when a prosecution is pending against the accused in this state based on the same conduct.

Source. 1971, 518:1. 1973, 370:45. 1989, 97:1. 1990, 153:2; 213:2. 1993, 215:3, eff. Jan. 1, 1994. 2000, 173:1, eff. May 24, 2000. 2003, 265:3, eff. Jan. 1,

Source



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This page is added for reference only. Laws may have been changed since and information shown may be incomplete or erroneous. Use of this information is at users risk and only an accredited attorney can advise you of the exact law in each state. This page deals with state leaving the scene laws only and hit and run drivers may face other charges.


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