Terms Used In New Hampshire Revised Statutes > Chapter 265-A - Alcohol or Drug Impairment

• Accident: shall mean any event that results in injury or property damage attributable directly or indirectly to the motion of a motor vehicle or its load. See New Hampshire Revised Statutes 259:1-a
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Alcohol: shall mean any substance containing any form of alcohol, including but not limited to, ethanol, methanol, propanol and isopropanol. See New Hampshire Revised Statutes 259:3-a
• Alcohol concentration: shall mean either grams of alcohol per 100 milliliters of blood, grams of alcohol per 67 milliliters of urine, or grams of alcohol per 210 liters of breath. See New Hampshire Revised Statutes 259:3-b
• Allegation: something that someone says happened.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bus: shall mean every motor vehicle designed for carrying more than 10 passengers and used for transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. See New Hampshire Revised Statutes 259:7
• Certificate: shall mean :
  I. See New Hampshire Revised Statutes 259:9
• Commercial driver: shall mean a person who drives a commercial motor vehicle as defined in N. See New Hampshire Revised Statutes 259:12
• Commercial motor vehicle: shall mean a motor vehicle or a combination of motor vehicles, used in commerce, to transport passengers or property if:
  (a) The vehicle has a gross vehicle weight rating of 26,001 pounds or more;
  (b) The vehicle has a gross combination weight rating or actual weight of 26,001 or more pounds, inclusive of any towed unit with gross vehicle weight rating or actual weight of more than 10,000 pounds;
  (c) The vehicle is designed or used to transport 16 or more passengers, including the driver; or
  (d) The vehicle is of any size and is used in the transportation of hazardous materials required to be placarded under 49 C. See New Hampshire Revised Statutes 259:12-e
• Commissioner: shall mean the commissioner of safety. See New Hampshire Revised Statutes 259:13
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: shall mean an adjudication of guilt which has not been annulled or vacated, a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an administrative proceeding, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs, or the violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended or otherwise affected by probation. See New Hampshire Revised Statutes 259:14
• Conviction: A judgement of guilt against a criminal defendant.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Defense attorney: Represent defendants in criminal matters.
• Department: shall mean the department of safety of the state of New Hampshire. See New Hampshire Revised Statutes 259:19
• Director: shall mean the director of the division of motor vehicles of the department of safety. See New Hampshire Revised Statutes 259:20
• Division: shall mean the division of motor vehicles in the department of safety. See New Hampshire Revised Statutes 259:22
• Driver: shall mean a person who drives or is in actual physical control of a motor vehicle as defined in N. See New Hampshire Revised Statutes 259:25
• Enhanced technology ignition interlock device: shall mean an ignition interlock device equipped with a camera and which will transmit data as events occur and is capable of capturing and encoding as events occur a digital or photographic image of the vehicle driver including the time, date, and breath alcohol level of all breath attempts. See New Hampshire Revised Statutes 259:28-b
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Ignition interlock device: shall mean breath alcohol ignition interlock device or enhanced technology ignition interlock device, which is a system or device that connects a breath analyzer to a motor vehicle's ignition system. See New Hampshire Revised Statutes 259:43-a
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
• License: shall mean any driver's license or any other license or permit to drive a vehicle issued under the laws of this state or a reciprocating state including:
  I. See New Hampshire Revised Statutes 259:48
• modified: means , but is not limited to, a substantial and material alteration or replacement of the engine, drive-train, suspension or brake system or alteration of the body which may be chopped, channelled, sectioned, filled or otherwise changed dimensionally from the original manufactured body. See New Hampshire Revised Statutes 259:106-a
• Motor vehicle: shall mean :
  I. See New Hampshire Revised Statutes 259:60
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nonresident: shall mean :
  I. See New Hampshire Revised Statutes 259:67
• Number plate: shall mean the sign or marker furnished by the director, on which is displayed the registration number or mark of a vehicle assigned thereto by the director, which shall bear on the face thereof a permanent or changeable designation of the effective period. See New Hampshire Revised Statutes 259:68
• Off highway recreational vehicle: shall mean any mechanically propelled vehicle used for pleasure or recreational purposes running on rubber tires, tracks, or cushion of air and dependent on the ground or surface for travel, or other unimproved terrain whether covered by ice or snow or not, where the driver sits in or on the vehicle. See New Hampshire Revised Statutes 259:69
• OHRV: shall mean an off highway recreational vehicle. See New Hampshire Revised Statutes 259:70
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Owner: shall mean :
  I. See New Hampshire Revised Statutes 259:72
• Person: shall mean the same as provided in N. See New Hampshire Revised Statutes 259:74
• petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
• Place of business: shall mean the site, location or building within this state at which a person conducts the business in which he is engaged. See New Hampshire Revised Statutes 259:76
• Police officer: shall mean any constable, peace officer, or other officer authorized to make arrests or serve process. See New Hampshire Revised Statutes 259:78
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Resident: shall mean a resident of the state as defined in N. See New Hampshire Revised Statutes 259:88
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Revocation: shall mean the termination by formal action of the department or of a court of competent jurisdiction of a person's driver's license or privilege to drive on the ways of this state, or of any other license, registration or permit issued by the department. See New Hampshire Revised Statutes 259:90
• road: shall include all bridges thereon. See New Hampshire Revised Statutes 21:26
• seal: shall include an impression of the official seal made upon the paper alone, as well as an impression thereof made by means of wax, or a wafer, affixed thereto. See New Hampshire Revised Statutes 21:11
• Snowmobile: shall mean any vehicle propelled by mechanical power that is designed to travel over ice or snow supported in part by skis, tracks, or cleats. See New Hampshire Revised Statutes 259:102
• State: shall mean :
  I. See New Hampshire Revised Statutes 259:106
• Statute: A law passed by a legislature.
• Suspension: shall mean the temporary withdrawal by formal action of the department or of a court of competent jurisdiction of a person's driver's license or privilege to drive a vehicle on the ways of this state, or any other license, registration or permit issued by the department, which temporary withdrawal shall be for a period specifically designated by the department or court and until the reissuance of the license, registration, permit or privilege. See New Hampshire Revised Statutes 259:107
• sworn: when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases. See New Hampshire Revised Statutes 21:25
• Traffic: shall mean pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any way for purposes of travel. See New Hampshire Revised Statutes 259:110
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
• Vehicle: shall mean :
  I. See New Hampshire Revised Statutes 259:122
• Way: shall mean :
  I. See New Hampshire Revised Statutes 259:125