§ 262:27 — Issuance of Citation to Resident of Reciprocating State

I. Other provisions of law to the contrary notwithstanding, a police officer making an arrest for a traffic violation shall issue a citation as appropriate to any motorist who is a resident of or holds a license issued by a reciprocating state and shall not, subject to the exceptions noted in RSA 262:27, II, require such motorist to post bail or bond to secure appearance for trial, but shall accept such motorist's personal recognizance that he will comply with the terms of such citation; provided, however, that a person so arrested shall have the right upon his request to post bail or bond in a manner provided by law and, in such case, the provisions of this subdivision shall not apply.
II. No motorist shall be entitled to receive a citation under the provisions of RSA 262:27, I, nor shall any police officer issue such citation under said paragraph, if the offense for which the citation would be issued is one of the following:
(a) An offense for which the issuance of a citation in lieu of a hearing or the posting of collateral or bond is prohibited by the laws of this state; or
(b) An offense, the conviction of or the forfeiture of collateral for which requires the suspension or revocation of the motorist's license.
III. Upon the failure of any nonresident to comply with the terms of such a traffic citation, the court having jurisdiction may issue a warrant for his arrest and he shall be subject to the penalty provisions of RSA 642:8. The court shall notify the department of the failure of the cited nonresident to appear. Said notification shall clearly identify the person arrested; describe the violation, specifying the section of the statute, code or ordinance violated; shall indicate the location of the offense, give description of vehicle involved, and show the registration or license number of the vehicle.

Legislative History

RSA 264-A:2. 1971, 349:1. 1981, 146:1. 1988, 110:11. 1989, 386:10, eff. June 5, 1989.