SB327: relative to the scope of the administrative review or hearing following suspension or revocation.

SB 327 - AS INTRODUCED

2004 SESSION

04-3023

03/01

SENATE BILL 327

AN ACT relative to the scope of the administrative review or hearing following suspension or revocation.

SPONSORS: Sen. Flanders, Dist 7; Rep. Tholl, Coos 2

COMMITTEE: Judiciary

ANALYSIS

This bill permits an administrative review or hearing following suspension or revocation of a driver's license to include the issue of whether the officer had reasonable grounds to believe that the arrested person was driving with a prohibited alcohol concentration.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04-3023

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to the scope of the administrative review or hearing following suspension or revocation.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Administrative Review and Hearings; Scope; Alcohol Concentration Added. Amend RSA 265:91-b, II(a) to read as follows:

(a) Whether the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a vehicle upon the ways of this state while under the influence of intoxicating liquor, narcotics, or drugs, or while having an alcohol concentration of 0.08 or more, or, in the case of a person under the age of 21, 0.02 or more;

2 Effective Date. This act shall take effect January 1, 2005.