HB491: relative to consumption of alcohol following a motor vehicle accident.

HB 491 – AS INTRODUCED

2009 SESSION

09-0544

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

ANALYSIS

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.