Defending Against the New Hampshire Move Over Law: Exceptions and Penalties

Highway safety is a top priority for law enforcement, and laws designed to protect first responders are strictly enforced. In New Hampshire, an unexpected flashing light on the shoulder of the highway requires immediate action from approaching drivers. However, police officers sometimes misjudge a driver's ability to safely comply with these sudden requirements, leading to unwarranted citations.

Understanding the nuances of the state's statutes can provide a strong foundation for your defense. By examining the specific roadway conditions, the type of emergency vehicle involved, and the actions you took to mitigate danger, it is possible to successfully challenge a Move Over violation in court.

What is the New Hampshire Move Over Law?

The core regulations are found in N.H. Rev. Stat. Ann. § 265:37-a, officially designated as 'Sherrill's Law' in honor of fallen State Police Staff Sgt. Jesse Sherrill. This statute dictates the exact duties of a motorist when approaching roadside incidents. Under the law, drivers must slow down and provide safe clearance not only for emergency vehicles with flashing blue, red, or amber lights, but also for any stopped vehicle displaying emergency hazard lights, flares, or warning signs.

First, if you are on a highway with two or more lanes traveling in the same direction, you must vacate the lane closest to the stopped or emergency vehicle. Second, if moving over is impossible or unsafe, you must reduce your speed to a reasonable and prudent level and be prepared to stop. The law is designed to give first responders, roadside workers, and disabled vehicles a safe buffer zone.

Yielding to Tow Trucks vs. Police Cruisers

Many drivers mistakenly believe the law only applies to police cruisers or ambulances with red and blue lights. In New Hampshire, Sherrill's Law equally protects tow trucks, highway maintenance vehicles, and utility vehicles displaying flashing amber lights, as well as stopped civilian vehicles with hazard lights. A citation issued for failing to move over for a tow truck carries the exact same penalties as one issued for a police cruiser.

Defending the Violation: Narrow Roads vs. Multi-Lane Highways

Your defense strategy heavily depends on where the incident occurred. On major multi-lane highways like Interstate 93 near Manchester or Interstate 89 near Lebanon, officers expect you to physically change lanes. If another vehicle was in your blind spot, making a lane change unsafe, this serves as a valid defense under the statute.

On narrow rural roads with only one lane in each direction, you are not expected to drive into oncoming traffic. Instead, the law requires you to slow down. If an officer tickets you on a backroad in Keene, your defense will focus on proving that you decelerated to a 'safe and prudent' speed based on the specific road conditions at that moment.

Step-by-Step Process for Fighting a Move Over Ticket

If you decide to contest the citation, the process follows standard traffic court procedures. Preparation and a clear understanding of the local court system are vital.

Step 1: Plead Not Guilty

Do not pay the fine, as doing so admits guilt. Follow the instructions on the back of your citation to enter a Not Guilty plea within 30 days. You will subsequently receive a notice for a trial date.

Step 2: Gather Traffic and Weather Data

To argue that moving over was unsafe, you need evidence. Gather weather reports for that specific day and time. If traffic was dense, dashcam footage showing vehicles blocking your left lane can be undeniable proof that you could not safely vacate the lane.

Step 3: Present Your Case in Circuit Court

Your hearing will take place at the local court assigned to the jurisdiction of the stop. For example, a stop near Portsmouth will be heard at the 10th Circuit District Division, Portsmouth. A stop near Manchester will route you to the 9th Circuit District Division, Manchester. During the trial, clearly articulate why N.H. Rev. Stat. Ann. § 265:37-a allowed you to slow down rather than change lanes due to safety constraints.

Penalties and Costs in NH

The financial penalties for violating the Move Over law can quickly add up, and repeat offenses carry much harsher consequences.

Furthermore, a conviction will result in points being added to your New Hampshire driving record, which can trigger insurance premium increases. Reaching out to a local lawyer from our directory can help you navigate these risks effectively.

How Long Does the Process Take?

A typical traffic court timeline in New Hampshire takes approximately 60 to 90 days from the date of the citation to the final trial date. The courts generally handle traffic dockets efficiently, but delays can occur if you or your attorney request discovery to review the officer's dashcam footage.

Frequently Asked Questions (FAQ)