New Hampshire Revised Statutes 263:56-a – Suspension or Revocation for Default, Noncompliance, or Nonpayment of Fine
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I. Whenever any defendant:
(a) Defaults on an arraignment or other scheduled court appearance in connection with a charge or conviction of any offense, or
(b) Fails to pay a fine or other penalty imposed in connection with a conviction of any offense which a court has determined he is able to pay, or issues a bad check in payment of a fine or other penalty; or
(c) Fails to comply with a similar order of the director or a court on any matter within the director’s or court’s jurisdiction, his driver’s license or resident or nonresident driving privilege and in any motor vehicle case or related case the resident plates and motor vehicle registration shall be suspended or revoked only upon written consent of the director, effective 30 days after such default or failure, except as provided in subparagraph I(d) of this section.
(d) If a defendant receives a summons in hand from a law enforcement officer, no further notification to such defendant is required before the suspension of his driving privileges occurs as provided in subparagraph I(c). If a defendant receives a summons in any manner other than in hand by a law enforcement officer, the court or director, as applicable, shall notify such defendant by certified mail at his last known address that his driving privileges shall be suspended 30 days after the mailing of such notification.
(e) Is a sexual offender as defined in N.H. Rev. Stat. § 651-B:1, IV or an offender against children as defined in N.H. Rev. Stat. § 651-B:1, VI, and fails to comply with the registration requirements under RSA 651-B, and where the failure to comply persists for more than 30 days, the offender’s driver’s license or resident or nonresident driving privileges shall be suspended or revoked by the director under this section, provided, that the department shall first attempt to notify the offender in person, or by first class mail, return receipt requested, sent to the offender’s last known address, that he or she is in violation of the registration requirements and that his or her driving privileges will be suspended or revoked if he or she fails to comply with the registration requirements within 15 days of the department’s attempted notice of noncompliance.
I-a. The department shall cause written notice to be sent to any driver licensed by or person whose vehicle is registered by the state of New Hampshire who defaults as otherwise provided in this section on an appearance, summons, or court order issued in this state. Any person who defaults as provided in subparagraph I(c) shall be required to produce proof of satisfaction of the default either in hand or through the court to the department.
II. (a) If such defendant fails to appear, pay the fine or comply with an order within the applicable period, as provided in subparagraph I(c) or (d) of this section, or fails to demonstrate that the defendant is financially unable to pay the fine or to comply with the order within the applicable period, the director shall suspend such defendant’s driver’s license or resident or nonresident driving privilege effective from the applicable date for an indefinite period and mark the defendant’s files accordingly.
(b) The director shall purge the record of violations, violations in default, related suspensions, and all fees and fines assessed against these defaults and suspensions under this section that have been on file for more than 7 years; provided, however, that the director shall not purge such records for a violation of N.H. Rev. Stat. § 265:79, N.H. Rev. Stat. § 265-A:2, I, N.H. Rev. Stat. § 265-A:3, N.H. Rev. Stat. § 265:115, N.H. Rev. Stat. § 265:117, and any offense which is a misdemeanor or felony during the defendant’s lifetime until 10 years after the defendant’s driver’s license or driving privilege is reinstated. All courts shall notify the director of any such failure on a form prescribed by the director.
(c) The director shall report the names of all persons whose driver’s licenses and driving privileges are suspended under this section to the National Driver Register administered by the National Highway Traffic Safety Administration.
(d) The director may report the names of all persons whose driver’s licenses and driving privileges are suspended under this section, due to nonpayment, to a consumer reporting agency as defined in N.H. Rev. Stat. § 359-B:3.
II-a. Under no circumstances shall the director suspend, revoke, or fail to renew a driver’s license for failure to pay taxes to a state other than New Hampshire. The director, upon receipt of request by a driver, accompanied by substantial evidence that a New Hampshire driver license suspension is the result of an out-of-state conviction for failure to pay taxes or an offense not pursuant to New Hampshire state law shall either restore the driver’s New Hampshire driving privilege or forward the request to the bureau of hearings for a hearing to evaluate the evidence.
III. Except as provided in paragraph IV, the license or driving privilege of any defendant whose license or privilege has been suspended pursuant to paragraph II shall be reinstated upon:
(a) Payment to the director of a fee of $100, which shall be in lieu of any other reinstatement fee and shall be deposited into the highway fund pursuant to N.H. Rev. Stat. § 260:23 and N.H. Rev. Stat. § 6:12, I(b)(5), provided, however, that in the event of a license suspension under N.H. Rev. Stat. § 263:14, a fee of $50 shall be paid to the director in lieu of the reinstatement fee under N.H. Rev. Stat. § 263:42, V and shall be deposited into the highway fund pursuant to N.H. Rev. Stat. § 260:23 and N.H. Rev. Stat. § 6:12, I(b)(5); and
(b) Appearance by such defendant, payment of his fine, or compliance with the order of the director, as applicable, or upon demonstration that such defendant is financially unable to pay the fine or to comply with the order. Any court which has ordered a suspension or revocation pursuant to paragraph II shall vacate the order and so notify the director and the affected defendant immediately after such defendant has appeared or paid his fine, as applicable, or has demonstrated that he is financially unable to pay the fine or to comply with the order.
IV. No license or driving privilege or plates suspended or revoked under this section shall be reinstated before the expiration of any other period of suspension or revocation in effect.
V. Nothing shall prevent any person affected by this section from obtaining a prompt review or hearing, upon showing just cause, before either the court or director for appropriate relief.
VI. The provisions of this section shall be the primary sanction for defendants who fail to appear, pay a fine, or other penalty or comply with an order of the director or a court, but shall not exclude other provisions of law relative to sanctions for defendants who fail to appear, pay a fine, or other penalty or comply with an order of the director or a court.
VII. Notwithstanding any other provision of law, upon application, the commissioner may, as justice may require, waive the driver’s license suspension of any New Hampshire resident whose license or driving privileges have been suspended in this state or another state for a default on a non-drug or alcohol-related offense, where the default is more than 5 years old. This paragraph shall not apply to offenses which are misdemeanors or felonies.
(a) Defaults on an arraignment or other scheduled court appearance in connection with a charge or conviction of any offense, or
Terms Used In New Hampshire Revised Statutes 263:56-a
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- 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.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- 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.
- 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.
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- 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 - Nonresident: shall mean :
I. See New Hampshire Revised Statutes 259:67 - Person: shall mean the same as provided in N. See New Hampshire Revised Statutes 259:74
- Resident: shall mean a resident of the state as defined in N. See New Hampshire Revised Statutes 259:88
- 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 - Summons: Another word for subpoena used by the criminal justice system.
- 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
- Traffic: shall mean pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any way for purposes of travel. See New Hampshire Revised Statutes 259:110
- Vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:122
(b) Fails to pay a fine or other penalty imposed in connection with a conviction of any offense which a court has determined he is able to pay, or issues a bad check in payment of a fine or other penalty; or
(c) Fails to comply with a similar order of the director or a court on any matter within the director’s or court’s jurisdiction, his driver’s license or resident or nonresident driving privilege and in any motor vehicle case or related case the resident plates and motor vehicle registration shall be suspended or revoked only upon written consent of the director, effective 30 days after such default or failure, except as provided in subparagraph I(d) of this section.
(d) If a defendant receives a summons in hand from a law enforcement officer, no further notification to such defendant is required before the suspension of his driving privileges occurs as provided in subparagraph I(c). If a defendant receives a summons in any manner other than in hand by a law enforcement officer, the court or director, as applicable, shall notify such defendant by certified mail at his last known address that his driving privileges shall be suspended 30 days after the mailing of such notification.
(e) Is a sexual offender as defined in N.H. Rev. Stat. § 651-B:1, IV or an offender against children as defined in N.H. Rev. Stat. § 651-B:1, VI, and fails to comply with the registration requirements under RSA 651-B, and where the failure to comply persists for more than 30 days, the offender’s driver’s license or resident or nonresident driving privileges shall be suspended or revoked by the director under this section, provided, that the department shall first attempt to notify the offender in person, or by first class mail, return receipt requested, sent to the offender’s last known address, that he or she is in violation of the registration requirements and that his or her driving privileges will be suspended or revoked if he or she fails to comply with the registration requirements within 15 days of the department’s attempted notice of noncompliance.
I-a. The department shall cause written notice to be sent to any driver licensed by or person whose vehicle is registered by the state of New Hampshire who defaults as otherwise provided in this section on an appearance, summons, or court order issued in this state. Any person who defaults as provided in subparagraph I(c) shall be required to produce proof of satisfaction of the default either in hand or through the court to the department.
II. (a) If such defendant fails to appear, pay the fine or comply with an order within the applicable period, as provided in subparagraph I(c) or (d) of this section, or fails to demonstrate that the defendant is financially unable to pay the fine or to comply with the order within the applicable period, the director shall suspend such defendant’s driver’s license or resident or nonresident driving privilege effective from the applicable date for an indefinite period and mark the defendant’s files accordingly.
(b) The director shall purge the record of violations, violations in default, related suspensions, and all fees and fines assessed against these defaults and suspensions under this section that have been on file for more than 7 years; provided, however, that the director shall not purge such records for a violation of N.H. Rev. Stat. § 265:79, N.H. Rev. Stat. § 265-A:2, I, N.H. Rev. Stat. § 265-A:3, N.H. Rev. Stat. § 265:115, N.H. Rev. Stat. § 265:117, and any offense which is a misdemeanor or felony during the defendant’s lifetime until 10 years after the defendant’s driver’s license or driving privilege is reinstated. All courts shall notify the director of any such failure on a form prescribed by the director.
(c) The director shall report the names of all persons whose driver’s licenses and driving privileges are suspended under this section to the National Driver Register administered by the National Highway Traffic Safety Administration.
(d) The director may report the names of all persons whose driver’s licenses and driving privileges are suspended under this section, due to nonpayment, to a consumer reporting agency as defined in N.H. Rev. Stat. § 359-B:3.
II-a. Under no circumstances shall the director suspend, revoke, or fail to renew a driver’s license for failure to pay taxes to a state other than New Hampshire. The director, upon receipt of request by a driver, accompanied by substantial evidence that a New Hampshire driver license suspension is the result of an out-of-state conviction for failure to pay taxes or an offense not pursuant to New Hampshire state law shall either restore the driver’s New Hampshire driving privilege or forward the request to the bureau of hearings for a hearing to evaluate the evidence.
III. Except as provided in paragraph IV, the license or driving privilege of any defendant whose license or privilege has been suspended pursuant to paragraph II shall be reinstated upon:
(a) Payment to the director of a fee of $100, which shall be in lieu of any other reinstatement fee and shall be deposited into the highway fund pursuant to N.H. Rev. Stat. § 260:23 and N.H. Rev. Stat. § 6:12, I(b)(5), provided, however, that in the event of a license suspension under N.H. Rev. Stat. § 263:14, a fee of $50 shall be paid to the director in lieu of the reinstatement fee under N.H. Rev. Stat. § 263:42, V and shall be deposited into the highway fund pursuant to N.H. Rev. Stat. § 260:23 and N.H. Rev. Stat. § 6:12, I(b)(5); and
(b) Appearance by such defendant, payment of his fine, or compliance with the order of the director, as applicable, or upon demonstration that such defendant is financially unable to pay the fine or to comply with the order. Any court which has ordered a suspension or revocation pursuant to paragraph II shall vacate the order and so notify the director and the affected defendant immediately after such defendant has appeared or paid his fine, as applicable, or has demonstrated that he is financially unable to pay the fine or to comply with the order.
IV. No license or driving privilege or plates suspended or revoked under this section shall be reinstated before the expiration of any other period of suspension or revocation in effect.
V. Nothing shall prevent any person affected by this section from obtaining a prompt review or hearing, upon showing just cause, before either the court or director for appropriate relief.
VI. The provisions of this section shall be the primary sanction for defendants who fail to appear, pay a fine, or other penalty or comply with an order of the director or a court, but shall not exclude other provisions of law relative to sanctions for defendants who fail to appear, pay a fine, or other penalty or comply with an order of the director or a court.
VII. Notwithstanding any other provision of law, upon application, the commissioner may, as justice may require, waive the driver’s license suspension of any New Hampshire resident whose license or driving privileges have been suspended in this state or another state for a default on a non-drug or alcohol-related offense, where the default is more than 5 years old. This paragraph shall not apply to offenses which are misdemeanors or felonies.