HB 491 – AS INTRODUCED
2009 SESSION
03/01
HOUSE BILL 491
AN ACT relative to consumption of alcohol following a motor vehicle accident.
SPONSORS: Rep. J. Flanders, Rock 8
COMMITTEE: Criminal Justice and Public Safety
This bill provides that consuming an alcoholic beverage following a motor vehicle accident creates a presumption that the person was under the influence at the time of the accident.
This bill is a request of the department of safety.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0544
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to consumption of alcohol following a motor vehicle accident.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Consumption of Alcohol Following an Accident. Amend RSA 265-A by inserting after section 3 the following new section:
265-A:3-a Consumption of Alcohol Following an Accident. Whenever the driver of a vehicle involved in an accident involving death, personal injury, or damage to property knowingly consumes a quantity of an alcoholic beverage within 60 minutes from the time the accident occurred and prior to the arrival of law enforcement officials, this shall create a rebuttable presumption, if the person is charged with a violation of RSA 265-A:2 or RSA 265-A:3, that the person was under the influence of an alcoholic beverage at the time of the accident.
2 Effective Date. This act shall take effect January 1, 2010.