New Hampshire Revised Statutes 263:68 – Suspension of License; Recognizance Required on Appeal
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Terms Used In New Hampshire Revised Statutes 263:68
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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
- 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 - Person: shall mean the same as provided in N. See New Hampshire Revised Statutes 259:74
- 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
Whenever any person convicted of a violation of N.H. Rev. Stat. § 265:79 appeals, the municipal or district court or justice shall order the person appealing to recognize in the sum of $100, with sufficient sureties, to keep the peace and be of good behavior until such appeal has been finally disposed of. If the person appealing fails to recognize in said sum, the municipal or district court or justice shall forthwith suspend the license of such person. If during such appeal period, such person is convicted of another violation of N.H. Rev. Stat. § 265:79 unrelated to the prior conviction, the municipal or district court or the justice shall, upon receiving notice of such conviction, immediately suspend the license of such person, shall declare the recognizance forfeited, and shall request the county attorney to cause proceedings to be had immediately for the recovery of such forfeiture, such proceedings to be subject to the provisions of N.H. Rev. Stat. § 597:33, 34, 35, 36 and 38. Upon suspension of the license of such person either upon failure to recognize after conviction or during the appeal period as hereinabove provided, in case of holders of New Hampshire licenses, the municipal or district court or justice shall return such licenses together with the court return to the department which shall not reissue said license until such person is acquitted. If the person so appealing is convicted, and has had his license suspended during the appeal period for failure to recognize in the required sum, the period of suspension shall be computed from the date of the initial conviction. If the person so appealing is convicted and has not had his license suspended because he has recognized in the required sum, or has had his license suspended because of a second conviction during the appeal period, the period of suspension shall commence upon the date of his final conviction upon such appeal.