New Hampshire Revised Statutes 262:19 – Procedure
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I. When the director determines that any person is an habitual offender within the meaning of N.H. Rev. Stat. § 259:39, the director shall issue an order requiring that person to appear for a hearing to show cause why he or she should not be barred from driving a motor vehicle upon the ways of this state. The show cause hearing shall incorporate a certified transcript or abstract of the person’s conviction record, which shall be prima facie evidence that the person named therein was duly convicted, by the court in which such conviction or holding was made, of each offense shown by such transcript or abstract. If any person shall deny any of the facts stated in the transcript or abstract, he or she shall have the burden of proving that such is untrue. For the purposes of this chapter, a plea of nolo contendere shown on such transcript or abstract shall not make the same inadmissible. The department shall send notice for the show cause hearing by first class mail to the address of record with the division of motor vehicles. A person who fails to appear for the show cause hearing shall be defaulted and certified as an habitual offender, effective 30 days from the date of the hearing. The default order shall be served in-hand.
II. If a person denies he was convicted of any offense necessary for a holding that he is an habitual offender and if the director cannot, on the evidence available to him, make such a determination, the director may certify the decision of such issue to the court in which the conviction was made. The court to which certification is made shall immediately conduct a hearing to determine the issue and send a certified copy of its final order determining the issue to the director.
III. If the director finds that the person is not the same person named in the transcript or that the abstract does not contain the number of valid convictions required by N.H. Rev. Stat. § 259:39, the proceeding shall be dismissed. If the director finds that the person is the same person named in the transcript or abstract and that the person is an habitual offender, the director shall, by appropriate order, revoke the person’s driver‘s license and direct the person not to drive a motor vehicle on the ways of this state for a period of one to 4 years effective upon the date of the order or upon dates of final conviction of the offense that resulted in certification. All licenses or permits to operate a motor vehicle on the ways of this state must be surrendered to the director. A copy of the order shall become part of the record of the division of motor vehicles.
IV. No conviction for an offense specified under N.H. Rev. Stat. § 259:39 shall be annulled until at least 7 years after the conviction date. No court shall vacate, expunge, delete, cancel or otherwise remove such a conviction for at least 7 years subsequent to the conviction date, unless it is determined by a court of competent jurisdiction that the conviction was illegal or otherwise improper and invalid.
V. The director may use convictions obtained in another state for the offense of reckless operation, driving while intoxicated, operating after suspension or revocation, manslaughter resulting from the operation of a motor vehicle, and negligent homicide resulting from the operation of a motor vehicle for the purpose of certifying an habitual offender.
VI. A person who had his license revoked pursuant to N.H. Rev. Stat. § 262:19, III prior to July 17, 1987, may petition the director after a minimum of one year of such revocation for restoration of his driving privileges. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the conditions under which the director may restore a driver’s license revoked under such conditions prior to the expiration of the original period of revocation.
II. If a person denies he was convicted of any offense necessary for a holding that he is an habitual offender and if the director cannot, on the evidence available to him, make such a determination, the director may certify the decision of such issue to the court in which the conviction was made. The court to which certification is made shall immediately conduct a hearing to determine the issue and send a certified copy of its final order determining the issue to the director.
Terms Used In New Hampshire Revised Statutes 262:19
- Commissioner: shall mean the commissioner of safety. See New Hampshire Revised Statutes 259:13
- 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.
- 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
- 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.
- Habitual offender: means any resident or nonresident person whose record, as maintained in the office of the division, shows that such person has accumulated convictions in the number provided in paragraph I, II or III of this section for those offenses listed therein and committed within a 5-year period, based on the date of the offense. See New Hampshire Revised Statutes 259:39
- 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.
- 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 - 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.
- 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
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- 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
- State: shall mean :
I. See New Hampshire Revised Statutes 259:106 - 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
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:122
III. If the director finds that the person is not the same person named in the transcript or that the abstract does not contain the number of valid convictions required by N.H. Rev. Stat. § 259:39, the proceeding shall be dismissed. If the director finds that the person is the same person named in the transcript or abstract and that the person is an habitual offender, the director shall, by appropriate order, revoke the person’s driver‘s license and direct the person not to drive a motor vehicle on the ways of this state for a period of one to 4 years effective upon the date of the order or upon dates of final conviction of the offense that resulted in certification. All licenses or permits to operate a motor vehicle on the ways of this state must be surrendered to the director. A copy of the order shall become part of the record of the division of motor vehicles.
IV. No conviction for an offense specified under N.H. Rev. Stat. § 259:39 shall be annulled until at least 7 years after the conviction date. No court shall vacate, expunge, delete, cancel or otherwise remove such a conviction for at least 7 years subsequent to the conviction date, unless it is determined by a court of competent jurisdiction that the conviction was illegal or otherwise improper and invalid.
V. The director may use convictions obtained in another state for the offense of reckless operation, driving while intoxicated, operating after suspension or revocation, manslaughter resulting from the operation of a motor vehicle, and negligent homicide resulting from the operation of a motor vehicle for the purpose of certifying an habitual offender.
VI. A person who had his license revoked pursuant to N.H. Rev. Stat. § 262:19, III prior to July 17, 1987, may petition the director after a minimum of one year of such revocation for restoration of his driving privileges. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the conditions under which the director may restore a driver’s license revoked under such conditions prior to the expiration of the original period of revocation.