Habitual Offender Certification Hearing
If you received a letter from the New Hampshire DMV stating they think you are a habitual offender DO NOT IGNORE THE LETTER. If you do nothing, in all likelihood you will receive the maximum 4 year loss of license. You are entitled to a hearing. At the hearing, the two main issues are whether you have the necessary convictions, and how long the loss of license should be for. The loss of license must be between one and 4 years. With so much at stake, you should hire a qualified lawyer to represent you at the hearing.
Give us a call and a lawyer with Liberty Legal Services can help you with your hearing. While each case is different, our usual cost for handling a habitual offender hearing is $1000.
Driving after being certified a Habitual Offender
Penalties
Driving while a Habitual offender is a Felony. The sentence includes mandatory 1 year in prison, up to 5 years. In certain cases, you might be eligible for home confinement after serving 14 days in jail.
Notwithstanding that mandatory year in prison, any person who qualifies under RSA 259:39 shall not be subject to the minimum mandatory provisions if, and only if, that person's certification was not based on any conviction under RSA 265-A:2, I (DWI) or any misdemeanor or felony motor vehicle conviction pursuant to RSA title XXI, and that person has not been convicted of any such offense, or any reasonably similar offense in any jurisdiction within the United States and Canada, since the date of the certification; provided, however, that any such person shall be guilty of a class A misdemeanor and may be sentenced to one year or less.
See RSA 262:23 for more details.
Traffic Violations that will Make you a Habitual Offender:
You can be deemed a habitual offender with as few as three traffic offenses, within 5 years, based upon date of offense. The classification system is as follows:
RSA 259:39 (Selection)
I. Three or more convictions, singularly or in combination, of the following offenses:
(a) RSA 261:73; False Statements
(b) RSA 262:1, I; Offenses and Antitheft Provisions
(c) RSA 262:8; Concealing Identity of Vehicle
(d) RSA 262:12; Taking Without Owner's Consent
(e) RSA 262:13; Possession of Master Keys
(f) RSA 263:12, V; Prohibitions
(g) RSA 263:64; Driving After Revocation or Suspension
(h) RSA 264:25; Conduct After Accident
(i) RSA 265:4 Disobeying an Officer
(j) RSA 265:79 Reckless Driving
(k) RSA 265-A:2,I Driving Under Influence of Drugs or Liquor
(l) RSA 265-A:3 Aggravated Driving While Intoxicated
(m) RSA 630:2 Manslaughter resulting from the operation of a motor vehicle
(n) RSA 630:3 Negligent Homicide from the operation of a motor vehicle
(o) Conviction of any felony in which a motor vehicle is used
(p) RSA 265:75; Racing on Highways
(q) RSA 265:54. Overtaking and Passing School Bus
(r) RSA 265:82 Driving Under Influence of Drugs or Liquor
(s) RSA 265:82-a Aggravated Driving While Intoxicated
II. Twelve or more convictions, singularly or in combination, of the following:
(a) RSA 265:22. Highway Markings (Solid Line Violation)
(b) RSA 265:60. Basic Rule and Maximum Limits (Speeding)
(c) RSA 263:1. License Required
(d) RSA 263:63. Driving Without Giving Proof of Insurance (SR-22).
III. A combination of one conviction of an offense specified under paragraph I and at least 8
convictions, singularly or in combination, of offenses specified under paragraph II; or a
combination of 2 convictions, singularly or in combination, of offenses specified under
paragraph I and at least 4 convictions, singularly or in combination, of offenses specified
under paragraph II.
See RSA 259:39 for more details.