It is important to understand exactly what the prosecutor will have to prove should you take the ticket to trial. You can start by looking up the citation statute or ordinance number located on the face of your ticket. Every traffic infraction can be broken down into what lawyers call elements: things that must all be proven in order for a judge to find you guilty. Two elements are:
" Where you were ticketed; and
" Your unlawful action, such as going 50 MPH in a 30 MPH zone.
The prosecution will have to prove each element of the infraction.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
The New Hampshire Motion to Dismiss Traffic Citation is a legal document used to request the dismissal of a traffic citation issued within the state of New Hampshire. This motion provides individuals with an opportunity to challenge the validity or legality of the citation against them. By filing this motion, defendants can present arguments and evidence in support of why their traffic citation should be dismissed. There are different types of New Hampshire Motion to Dismiss Traffic Citation, including: 1. Lack of Probable Cause: This type of motion argues that there was insufficient probable cause for the traffic citation to be issued. It asserts that the law enforcement officer did not have reasonable grounds to believe that a traffic violation occurred, thus leading to an unjust citation. 2. Defective Citation: This motion challenges the validity of the traffic citation itself. It argues that the citation is defective due to errors or inaccuracies in its content, such as incorrect information about the defendant, the vehicle, or the alleged traffic violation. By proving these defects, defendants aim to have their citation dismissed. 3. Violation of Constitutional Rights: This motion asserts that the traffic citation was issued in violation of the defendant's constitutional rights. It may argue that the police officer engaged in illegal search and seizure, racial profiling, or any other violation of the defendant's rights during the traffic stop or citation process. If successfully proven, this motion could result in the dismissal of the citation. 4. Lack of Evidence: This type of motion challenges the sufficiency of the evidence against the defendant. It argues that the prosecution lacks the necessary evidence to prove guilt beyond a reasonable doubt. Defendants may present evidence or witness statements that contradict the allegations made in the traffic citation, aiming to convince the court that the citation should be dismissed. It is important to note that filing a New Hampshire Motion to Dismiss Traffic Citation does not guarantee dismissal. The court will review the motion, along with any supporting evidence and arguments from both the defendant and the prosecution before making a decision. Additionally, each case is unique, and the success of a motion to dismiss can vary depending on the specific circumstances of the traffic citation. Therefore, it is advisable for individuals to seek legal counsel before filing such a motion to ensure they have a strong argument and adequate representation.
