Cited for both – 22101(d) and 21453

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Cited for both – 22101(d) and 21453

I was cited for 22101(d) and 21453 I want to know what is the correct section for a city to cite when it is enforcing “no turn on red” .Is there a case law, that I can quote – there is a specific statute prohibiting certain conduct and a general statute that could prohibit certain conduct, the specific statute controls and the general statute allegations must be dismissed.

Asked on April 18, 2009 under Criminal Law, New Hampshire

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can research the New Hampshire Supreme Court for key words on the type of case law you are seeking.  Also, try Franklin Pierce Law School's law library.  They also have some sort of program whereby law students can help individuals under the supervision of professors and licensed attorneys. 

This will actually help you: In New Hampshire, statutes are interpreted harmoniously but if one is more specifc than the other and there isn't a conflict between the two, the more specific rules. The following is not NH case law, but the premise is the same: http://74.125.47.132/search?q=cache:xEbXaM111iUJ:info.libraries.vermont.gov/SUPCT/160/op92-532.txt+new+hampshire+and+specific+statutory+provisions+rule+over+general+statutes&cd=3&hl=en&ct=clnk&gl=us

Here is a letter from the AG's office that discusses the same theories as above (i.e., specific rules over general): http://www.doj.nh.gov/publications/opinions/112597AGO.html


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