New Hampshire RSA 259: 39 allows the NH Division of Motor Vehicles to certify a driver as a “habitual offender” when they have committed a certain number of motor vehicle infractions within a five-year period. The Statute describes how the infractions are calculated.
A thorough review of a person’s driving record from the NH Division of Motor Vehicles is necessary to understand what convictions, including speeding tickets, exist on the record, the date they occurred, and any requirements of those convictions.
Depending on the age of the conviction, it may be possible to plea down the infraction to a lesser charge; thereby, avoiding Habitual Offender status.
Once the habitual offender certification is in place, it remains in effect for one to four years until the party submits a request for a decertification hearing or record review. A hearing will be scheduled within approximately 30 days to determine whether the petitioner has been, among other things, free from other suspensions/revocations in NH and other jurisdictions, and has complied with all terms and conditions of the certification order. If the Division of Motor Vehicles denies the request to decertify, the party must wait a full year before resubmitting a decertification request.
Once you are decertified as a habitual offender, and before driving privileges are restored, you must file proof of insurance (an SR-22). The SR-22 must be provided for several years after the decertification hearing as required by the Division of Motor Vehicles.
Considering the drastic consequences of being certified as a habitual offender, it is vital to take steps to avoid certification.
For more information on how Welts, White & Fontaine, P.C. can assist you with minimizing the impact of penalties, defending against potential Habitual Offender status, or assisting with the decertification process, please contact us at (603) 883-0797.
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