This text of New Hampshire § 236:48-a (DWI Victim Fatality Sign Program) is published on Counsel Stack Legal Research, covering New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
I. A next of kin may apply to the department of transportation to sponsor a sign memorializing an individual who was fatally injured in a traffic accident, occurring after July 1, 2006, in which there is substantial evidence gathered by law enforcement that another driver caused the accident while driving in violation of RSA 265-A:2 or RSA 265-A:3. The applicant shall complete a DWI victim fatality sign application furnished by the department. The applicant shall include with the application:
(a)The date of the accident.
(b)The location of the accident.
(c)The name of the driver driving while intoxicated or under the influence of drugs.
(d)An affidavit by the applicant that the individual to be memorialized was fatally injured in the traffic accident and that there is substantial evide
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I. A next of kin may apply to the department of transportation to sponsor a sign memorializing an individual who was fatally injured in a traffic accident, occurring after July 1, 2006, in which there is substantial evidence gathered by law enforcement that another driver caused the accident while driving in violation of RSA 265-A:2 or RSA 265-A:3. The applicant shall complete a DWI victim fatality sign application furnished by the department. The applicant shall include with the application:
(a) The date of the accident.
(b) The location of the accident.
(c) The name of the driver driving while intoxicated or under the influence of drugs.
(d) An affidavit by the applicant that the individual to be memorialized was fatally injured in the traffic accident and that there is substantial evidence gathered by law enforcement that the other driver was at fault and that drugs or alcohol were involved.
(e) The name of the individual who was fatally injured as it should appear on the name plaque.
II. Within 60 days, or as soon as practical, after the department of transportation receives a correctly completed application submitted under paragraph I and the department has inspected the proposed site for the sign, the department shall send a written decision to the applicant as to whether the proposed sign installation is in compliance with this section.
III. (a) A sign that the department approves under this section shall be placed in the state-maintained highway right-of-way, at cost to an applicant, near the location of the accident and facing the oncoming traffic, without obstructing the visibility of an existing traffic sign.
(b) Signs shall not be placed within an interstate right-of-way, or on-ramps and off-ramps of such highways.
(c) The department shall furnish, install, and retain ownership of the DWI fatality sign.
IV. If a sign is applied for under paragraph I and approved by the department, the department shall install a DWI fatality sign that reads "PLEASE DON'T DRINK AND DRIVE" and a separate name plaque that reads "IN MEMORY OF (the victim's name)."
V. No more than 4 name plaques of victims may appear below the DWI fatality sign on a single sign installation. If there were more than 4 victims fatally injured in the traffic accident, the department of transportation may install additional signs in the vicinity of the accident.
VI. Unless it determines that public safety requires removal, the department shall keep a sign installation in its designated location for 2 years after the date of its installation. After the 2-year period ends, the department shall remove the sign. No petition for time extension or re-erection of such sign shall be accepted.