New Hampshire Revised Statutes 263:64 – Driving After Revocation or Suspension
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I. No person shall drive a motor vehicle in this state while the person’s driver‘s license or privilege to drive is suspended or revoked by action of the director or the justice of any court in this state, or competent authority in the out-of-state jurisdiction where the license was issued.
II. A person who drives a motor vehicle in this state while such person’s license or driving privilege is suspended or revoked shall be guilty of violating this section regardless of whether such person has a license on the effective date of such suspension or revocation. Evidence that the notice of suspension or revocation was sent to the person’s last known address as shown on the records of the division shall be prima facie evidence that the person was notified of the suspension or revocation.
For details, see N.H. Rev. Stat. 651:2
III. A person who obtains or possesses an out-of-state license after such person’s New Hampshire license or driving privilege has been revoked does not revive his or her driving privilege by having such out-of-state license, and such person shall be guilty of violating this section if he or she drives in the state while his or her New Hampshire license or driving privilege is suspended or revoked.
IV. Any person who violates this section by driving or attempting to drive a motor vehicle or by operating or attempting to operate an OHRV or snowmobile in this state during the period of suspension or revocation of his or her license or driving privilege for a violation of N.H. Rev. Stat. § 265:79 or an equivalent offense in another jurisdiction shall be guilty of a misdemeanor. Any person who violates this section by driving or attempting to drive a motor vehicle or by operating or attempting to operate an OHRV or snowmobile in this state during the period of suspension or revocation of his or her license or driving privilege for a violation of N.H. Rev. Stat. § 265-A:2, I, N.H. Rev. Stat. § 265-A:3, N.H. Rev. Stat. § 630:3, II, N.H. Rev. Stat. § 265:82, or N.H. Rev. Stat. § 265:82-a or an equivalent offense in another jurisdiction shall be guilty of a misdemeanor and shall be sentenced to imprisonment for a period not less than 7 consecutive 24-hour periods to be served within 6 months of the conviction, shall be fined not more than $1,000, and shall have his or her license or privilege revoked for an additional year. No portion of the minimum mandatory sentence of imprisonment shall be suspended by the court. No case brought to enforce this paragraph shall be continued for sentencing for longer than 35 days. No person serving the minimum mandatory sentence under this paragraph shall be discharged pursuant to authority granted under N.H. Rev. Stat. § 651:18, released pursuant to authority granted under N.H. Rev. Stat. § 651:19, or in any manner, except as provided in N.H. Rev. Stat. § 623:1, prevented from serving the full amount of such minimum mandatory sentence under any authority granted by title LXII or any other provision of law.
V. Notwithstanding the definition of “revocation” in N.H. Rev. Stat. § 259:90 and the definition of “suspension” in N.H. Rev. Stat. § 259:107, the phrase “period of suspension or revocation” as used in paragraph IV and for purposes of paragraph IV only shall mean only suspension or revocation imposed by a court of competent jurisdiction. “Period of suspension or revocation” shall include the period specifically designated and until the restoration of the person’s driver’s license or privilege to drive.
V-a. (a) Except as provided in subparagraph (b), any person who drives a motor vehicle in this state during the period of suspension or revocation of his or her license or driving privilege and is involved in a collision resulting in death or serious bodily injury, as defined in N.H. Rev. Stat. § 625:11, VI, to any person, shall be guilty of a class B felony, where such person’s unlawful operation of the motor vehicle caused or materially contributed to the collision. Evidence that the driver violated any of the rules of the road shall be prima facie evidence that the driver caused or materially contributed to the collision.
(b) A person violating this section whose license or driving privilege has been suspended pursuant to the provisions of N.H. Rev. Stat. § 263:14 only shall be guilty of a misdemeanor.
(c) A person violating this section whose license or driving privilege has been suspended pursuant to the provisions of N.H. Rev. Stat. § 265-A:30, or pursuant to a reasonably equivalent law in any other jurisdiction, shall be guilty of a misdemeanor and fined $500 plus penalty assessment.
VI. Any person who violates the provisions of this section shall be guilty of a misdemeanor upon conviction based upon a complaint which alleged that the person has had one or more prior convictions for driving after revocation or suspension in this state or reasonably equivalent offenses in any other jurisdiction within the 7 years preceding the date of the second or subsequent offense.
VII. Except as provided in paragraphs IV, V-a, and VI, any person who violates the provisions of this section shall be guilty of a violation, and shall be fined a minimum of $250 for a first offense and $500 for a second or subsequent offense.
II. A person who drives a motor vehicle in this state while such person’s license or driving privilege is suspended or revoked shall be guilty of violating this section regardless of whether such person has a license on the effective date of such suspension or revocation. Evidence that the notice of suspension or revocation was sent to the person’s last known address as shown on the records of the division shall be prima facie evidence that the person was notified of the suspension or revocation.
Attorney's Note
Under the New Hampshire Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | up to 7 years | up to $4,000 |
Terms Used In New Hampshire Revised Statutes 263:64
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- 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.
- 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 - OHRV: shall mean an off highway recreational vehicle. See New Hampshire Revised Statutes 259:70
- Person: shall mean the same as provided in N. See New Hampshire Revised Statutes 259:74
- 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
- road: shall include all bridges thereon. See New Hampshire Revised Statutes 21:26
- Snowmobile: shall mean any vehicle propelled by mechanical power that is designed to travel over ice or snow supported in part by skis, tracks, or cleats. See New Hampshire Revised Statutes 259:102
- 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
- Vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:122
III. A person who obtains or possesses an out-of-state license after such person’s New Hampshire license or driving privilege has been revoked does not revive his or her driving privilege by having such out-of-state license, and such person shall be guilty of violating this section if he or she drives in the state while his or her New Hampshire license or driving privilege is suspended or revoked.
IV. Any person who violates this section by driving or attempting to drive a motor vehicle or by operating or attempting to operate an OHRV or snowmobile in this state during the period of suspension or revocation of his or her license or driving privilege for a violation of N.H. Rev. Stat. § 265:79 or an equivalent offense in another jurisdiction shall be guilty of a misdemeanor. Any person who violates this section by driving or attempting to drive a motor vehicle or by operating or attempting to operate an OHRV or snowmobile in this state during the period of suspension or revocation of his or her license or driving privilege for a violation of N.H. Rev. Stat. § 265-A:2, I, N.H. Rev. Stat. § 265-A:3, N.H. Rev. Stat. § 630:3, II, N.H. Rev. Stat. § 265:82, or N.H. Rev. Stat. § 265:82-a or an equivalent offense in another jurisdiction shall be guilty of a misdemeanor and shall be sentenced to imprisonment for a period not less than 7 consecutive 24-hour periods to be served within 6 months of the conviction, shall be fined not more than $1,000, and shall have his or her license or privilege revoked for an additional year. No portion of the minimum mandatory sentence of imprisonment shall be suspended by the court. No case brought to enforce this paragraph shall be continued for sentencing for longer than 35 days. No person serving the minimum mandatory sentence under this paragraph shall be discharged pursuant to authority granted under N.H. Rev. Stat. § 651:18, released pursuant to authority granted under N.H. Rev. Stat. § 651:19, or in any manner, except as provided in N.H. Rev. Stat. § 623:1, prevented from serving the full amount of such minimum mandatory sentence under any authority granted by title LXII or any other provision of law.
V. Notwithstanding the definition of “revocation” in N.H. Rev. Stat. § 259:90 and the definition of “suspension” in N.H. Rev. Stat. § 259:107, the phrase “period of suspension or revocation” as used in paragraph IV and for purposes of paragraph IV only shall mean only suspension or revocation imposed by a court of competent jurisdiction. “Period of suspension or revocation” shall include the period specifically designated and until the restoration of the person’s driver’s license or privilege to drive.
V-a. (a) Except as provided in subparagraph (b), any person who drives a motor vehicle in this state during the period of suspension or revocation of his or her license or driving privilege and is involved in a collision resulting in death or serious bodily injury, as defined in N.H. Rev. Stat. § 625:11, VI, to any person, shall be guilty of a class B felony, where such person’s unlawful operation of the motor vehicle caused or materially contributed to the collision. Evidence that the driver violated any of the rules of the road shall be prima facie evidence that the driver caused or materially contributed to the collision.
(b) A person violating this section whose license or driving privilege has been suspended pursuant to the provisions of N.H. Rev. Stat. § 263:14 only shall be guilty of a misdemeanor.
(c) A person violating this section whose license or driving privilege has been suspended pursuant to the provisions of N.H. Rev. Stat. § 265-A:30, or pursuant to a reasonably equivalent law in any other jurisdiction, shall be guilty of a misdemeanor and fined $500 plus penalty assessment.
VI. Any person who violates the provisions of this section shall be guilty of a misdemeanor upon conviction based upon a complaint which alleged that the person has had one or more prior convictions for driving after revocation or suspension in this state or reasonably equivalent offenses in any other jurisdiction within the 7 years preceding the date of the second or subsequent offense.
VII. Except as provided in paragraphs IV, V-a, and VI, any person who violates the provisions of this section shall be guilty of a violation, and shall be fined a minimum of $250 for a first offense and $500 for a second or subsequent offense.