- How do I request a hearing?
- What is an SR-22?
- What amount of demerit points can I accumulate before I can lose my license? See Saf-C 212
- How can I reduce the amount of demerit points on my record?
- Can convictions from other states be used against me?
- What is an Habitual Offender?
- How can I be restored (decertified) from Habitual Offender status?
- How do I clear a court default/unpaid fine?
- Is there a "work," "restricted" or "hardship" license I can apply for?
- If I am dissatisfied with the result of a hearing, can I appeal the decision?
- Habitual Offender. I am designated as an habitual offender and want to get my license back, what do I need to do?
- How does someone get to be certified as an habitual offender?
- Insurance. I didn't think New Hampshire needed proof of insurance in order to register a vehicle so how could I get convicted for driving without proof of insurance?
- How do I satisfy this requirement?
| | - How do I request a hearing?
A request for hearing requires a written notice from you. Some requests must be RECEIVED at the Bureau of Hearings within a specific time frame as prescribed by law. If in doubt, you may submit your request for a hearing and an answer will be provided. Questions of a legal nature should be referred to an attorney of your choice and at your expense. The list below represents the types of requests and the necessary form related to that request. The below forms are completed on line and may be e-mailed directly to the Department of Safety, Bureau of Hearings or printed and mailed. The law allows you to choose which option, but NOT both. - (ALS) Administrative License Suspension / Implied Consent / Refusal of Test, etc. = Within thirty (30) days from the date of service.
ADMINISTRATIVE LICENSE SUSPENSION - Uninsured Accident = Within ten (10) days of receipt of the order.
REQUEST FOR A HEARING TO REVIEW UNINSURED ACCIDENT NOTICE OF SUSPENSION - Decertification from Habitual Offender Status = When the order issued allows (review your written order, issued to you at the hearing).
DECERTIFICATION FROM HABITUAL OFFENDER REVOCATION - Medical = No specific time frame.
REQUEST FOR A HEARING TO REVIEW THE NOTICE OF MEDICAL SUSPENSION - Request to reopen a defaulted hearing = 15 days
REQUEST FOR A HEARING TO REQUEST REOPENING THE DEFAULTED HEARING
- Request for Alcohol Program Completion Hearing = 20 Days.
REQUEST HEARING TO CONTEST THE ALCOHOL PROGRAM RECOMMENDATION
- General Request = No specific time frame.
REQUEST FOR A HEARING Send your requests to: Department of Safety
Bureau of Hearings
33 Hazen Drive,
Concord NH 03305 |  | - What is an SR-22?
An SR-22 is a certificate of "proof of liability insurance" whi-ch must be submitted by an insurance company licensed to do business in New Hampshire. The insurance is for liability. New Hampshire DMV requires the certificate be either for Owner or Non Owner. If an Owner SR-22 is submitted it must NOT list your vehicles but state, "Any Vehicles Owned by the Insured." If a Non-Owner, it must state, "Any Vehicles Driven by the Insured." An SR-22 is valid until cancelled by use of an SR-26 certificate. | | | | | | | - How can I reduce the amount of demerit points on my record?
Any person who has accumulated at least three (3) demerit points under the provisions of these rules shall, only for suspension purposes pursuant to Saf-C 212.02, have the most recent point assessment total reduced by three (3) points by completing an approved defensive driving course. | | | - Can convictions from other states be used against me?
Yes. They are sent from the other jurisdictions and added to your New Hampshire driver history. | | | | | | | - How can I be restored (decertified) from Habitual Offender status?
You must request a hearing. Questions of a legal nature may be referred to an attorney of your choice and at your expense. Decertification from Habitual Offender Revocation Form | | | - How do I clear a court default/unpaid fine?
Contact the Division of Motor Vehicles, Financial Responsibility. | | | - Is there a "work", "restricted" or "hardship" license I can apply for?
The State of New Hampshire has no form of restrictive license to issue under any circumstance to persons who are suspended or revoked for any reason unless the person qualifies for consideration under the provision of RSA 263:57-b. | | | - If I am dissatisfied with the result of a hearing, can I appeal the decision?
Yes. Following is a list of appeals. APPEAL FROM ADMINISTRATIVE HEARING: Habitual Offender To read the laws:
RSA 262:25 Appeal C (Habitual offender)
RSA 263:76 Appeal C (Administrative Suspension) ADMINISTRATIVE LICENSE SUSPENSION APPEALS
DIRECTOR'S REVIEW Pursuant to RSA 265-A:33, the person whose license has been suspended or the law enforcement officer may petition the director of motor vehicles for a review of the recommendation. Such a petition MUST be filed within 10 days of the hearings examiner's written recommendation. It will NOT be accepted unless it: * Is on 8 1/2 x 11 inch white paper;
* Is double spaced with one inch margins;
* Is in black image writing or type of at least 12 point font;
* Is no more than two pages in length; and Specifically identifies the: * Error of law, including a citation to the relevant law or rule; and/or
* Factual error, including a concise explanation of why the recommendation cannot be sustained by the facts presented at the hearing. It MUST also include a certification that the law enforcement officer or the person whose license has been suspended, as appropriate, has been notified that the petition has been filed. A copy of the hearings examiner's recommendation MUST accompany the petition. NO other evidence shall be submitted. All petitions MUST be addressed as follows: BUREAU ADMINISTRATOR ATTN DIRECTOR'S REVIEW
DEPARTMENT OF SAFETY
33 HAZEN DRIVE
CONCORD, NH 03305 A person (the licensee) aggrieved by the recommendation is NOT required to file for a director's review in order to preserve his or her right to a superior court appeal pursuant to RSA 263:75. You (the licensee) can by-pass this review and file your appeal, WITHIN 30 DAYS FROM THE DATE OF THE WRITTEN RECOMMENDATION, with the superior court in the county where the arrest took place. Please refer to the following for additional information on this process. SUPERIOR COURT APPEAL PROCEDURE Pursuant to RSA 263:75, if the suspension is sustained after hearing, you may appeal this by filing a petition in the superior court in the county in which you were arrested. This petition must be filed in the court within 30 days of the date of the final order. In the petition for appeal you must raise all the grounds upon which you seek to overturn this order. Issues not raised by you before the hearings examiner cannot be raised before the superior court. If you file this appeal, the court will issue an order of notice which will notify the Department of Safety of the appeal. When The Department is served with the order of notice, The Department will forward to the court a copy of this order together with any other documents which were received into evidence in your hearing. If you wish the court to also review a written transcript of the hearing YOU MUST NOTIFY THE BUREAU OF HEARINGS AT 271-6517. The Bureau will inform you of transcript costs and, upon receipt of payment from you, The Bureau will forward the tape of the hearing to a court approved transcriptionist. When the transcript is completed, it will be sent to you for filing with the court. Please note that if you do NOT DESIRE THE COURT TO REVIEW A TRANSCRIPT, YOU MUST NOTIFY THE COURT OF THIS FACT IN YOUR APPEAL PETITION. This will allow the court to begin its review of your case in a speedier fashion because the court will NOT be required to postpone its review pending receipt of the transcript. It will also be helpful to the court if you include in your petition the date on which you were arrested. You should review RSA 263:75 for specific and complete details. RSA 260:6-a Inspection Stations
RSA 541:3 Motion for Rehearing
RSA 541:6 Appeal
RSA 106-F:15 Private Detective License
RSA 260:51 Road Toll
RSA 264:1 Uninsured Accident Hearing
RSA 263:76 Fatal/Serious Injury
RSA 651-B:I0,II Registration of Criminal Offender | | | - Habitual Offender. I am designated as an habitual offender and want to get my license back, what do I need to do?
Submit a written request for an habitual offender de-certification hearing. Mail it to the Concord address, attention Bureau of Hearings and ensure you include your full name, current address, and date of birth.Request for Decertification from Habitual Offender Revocation Form | | | - How does someone get to be certified as an habitual offender?
Habitual offenders have very poor driving records and certification is based on a 5 "rolling year" (not a calendar year) period based upon date of violation resulting in conviction. Any combination of 12 violations for speeding, crossing a solid yellow line, operating without a valid license contrary to RSA 263:1 and operating without proof of insurance within this five (5) year period will result in certification. Three (3) "major" convictions within this same time period will result in certification. The most common "major" convictions are: driving while intoxicated, reckless driving, leaving the scene of an accident, disobeying a police officer contrary to RSA 265:4, operating with a suspended or revoked license, taking a motor vehicle without the owner's consent, negligent homicide involving a motor vehicle, and manslaughter involving a motor vehicle. In addition, some one can become an habitual offender by "mixing and matching" One (1) "major" conviction with any combination of eight (8) convictions for speeding, crossing the solid yellow line, operating without a valid license and/or operating without proof of insurance. Two (2) "major" convictions and any combination of four (4) of the foregoing will also result in certification as an habitual offender. For more information, please read RSA 259:39 and RSA 262:19-24. | | | - Insurance. I didn't think New Hampshire needed proof of insurance in order to register a vehicle so how could I get convicted for driving without proof of insurance?
You are right, to a point. Unless you subject your license/operating privileges to scrutiny by virtue of securing convictions, you do not need to file proof of insurance. If you fall under an insurance filing requirement, the Division of Motor Vehicles will alert you to this in writing. Individuals convicted of driving while intoxicated (DWI) are mandated to file proof of insurance for a minimum of three (3) years from date of conviction for a first offense and five (5) years for a second offense. If someone is being decertified as an habitual offender, before license/operating privileges can be restored, that person must file proof of insurance for a minimum of three (3) years from the date of his/her habitual offender decertification hearing. Individuals who appear at administrative hearings can be mandated to file insurance as a condition of retaining a license, or if the license is suspended, as a condition of restoration. | | | - How do I satisfy this requirement?
Contact an insurance representative/carrier of your own choice. The insurance company chosen must be licensed to do business in New Hampshire. The only document accepted is the uniform SR-22 certificate. This is NOT a form supplied by the Division of Motor Vehicles. Rather, it is a standard form utilized throughout the insurance industry. If you are placed under such a filing requirement, your license/operating privileges cannot be restored or retained until this requirement is met. | | | |
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