RSA 263:56-a · Suspension or Revocation for Default, Noncompliance, or Nonpayment of Fine

263:56-a Suspension or Revocation for Default, Noncompliance, or Nonpayment of Fine. –

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I.

Whenever any defendant:

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(a)

Defaults on an arraignment or other scheduled court appearance in connection with a charge or conviction of any offense, or

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(b)

Fails to pay a fine or other penalty imposed in connection with a conviction of any offense which a court has determined he is able to pay, or issues a bad check in payment of a fine or other penalty; or

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(c)

Fails to comply with a similar order of the director or a court on any matter within the director's or court's jurisdiction, his driver's license or resident or nonresident driving privilege and in any motor vehicle case or related case the resident plates and motor vehicle registration shall be suspended or revoked only upon written consent of the director, effective 30 days after such default or failure, except as provided in subparagraph I(d) of this section.

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(d)

If a defendant receives a summons in hand from a law enforcement officer, no further notification to such defendant is required before the suspension of his driving privileges occurs as provided in subparagraph I(c). If a defendant receives a summons in any manner other than in hand by a law enforcement officer, the court or director, as applicable, shall notify such defendant by certified mail at his last known address that his driving privileges shall be suspended 30 days after the mailing of such notification.

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(e)

Is a sexual offender as defined in RSA 651-B:1, IV or an offender against children as defined in RSA 651-B:1, VI, and fails to comply with the registration requirements under RSA 651-B, and where the failure to comply persists for more than 30 days, the offender's driver's license or resident or nonresident driving privileges shall be suspended or revoked by the director under this section, provided, that the department shall first attempt to notify the offender in person, or by first class mail, return receipt requested, sent to the offender's last known address, that he or she is in violation of the registration requirements and that his or her driving privileges will be suspended or revoked if he or she fails to comply with the registration requirements within 15 days of the department's attempted notice of noncompliance. I-a. The department shall cause written notice to be sent to any driver licensed by or person whose vehicle is registered by the state of New Hampshire who defaults as otherwise provided in this section on an appearance, summons, or court order issued in this state. Any person who defaults as provided in subparagraph I(c) shall be required to produce proof of satisfaction of the default either in hand or through the court to the department.

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II.

(a) If such defendant fails to appear, pay the fine or comply with an order within the applicable period, as provided in subparagraph I(c) or (d) of this section, or fails to demonstrate that the defendant is financially unable to pay the fine or to comply with the order within the applicable period, the director shall suspend such defendant's driver's license or resident or nonresident driving privilege effective from the applicable date for an indefinite period and mark the defendant's files accordingly.

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(b)

The director shall purge the record of violations, violations in default, related suspensions, and all fees and fines assessed against these defaults and suspensions under this section that have been on file for more than 7 years; provided, however, that the director shall not purge such records for a violation of RSA 265:79, RSA 265-A:2, I, RSA 265-A:3, RSA 265:115, RSA 265:117, and any offense which is a misdemeanor or felony during the defendant's lifetime until 10 years after the defendant's driver's license or driving privilege is reinstated. All courts shall notify the director of any such failure on a form prescribed by the director.

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(c)

The director shall report the names of all persons whose driver's licenses and driving privileges are suspended under this section to the National Driver Register administered by the National Highway Traffic Safety Administration.

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(d)

The director may report the names of all persons whose driver's licenses and driving privileges are suspended under this section, due to nonpayment, to a consumer reporting agency as defined in RSA 359-B:3. II-a. Under no circumstances shall the director suspend, revoke, or fail to renew a driver's license for failure to pay taxes to a state other than New Hampshire. The director, upon receipt of request by a driver, accompanied by substantial evidence that a New Hampshire driver license suspension is the result of an out-of-state conviction for failure to pay taxes or an offense not pursuant to New Hampshire state law shall either restore the driver's New Hampshire driving privilege or forward the request to the bureau of hearings for a hearing to evaluate the evidence.

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III.

Except as provided in paragraph IV, the license or driving privilege of any defendant whose license or privilege has been suspended pursuant to paragraph II shall be reinstated upon:

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(a)

Payment to the director of a fee of $100, which shall be in lieu of any other reinstatement fee and shall be deposited into the highway fund pursuant to RSA 260:23 and RSA 6:12, I(b)(5), provided, however, that in the event of a license suspension under RSA 263:14, a fee of $50 shall be paid to the director in lieu of the reinstatement fee under RSA 263:42, V and shall be deposited into the highway fund pursuant to RSA 260:23 and RSA 6:12, I(b)(5); and

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(b)

Appearance by such defendant, payment of his fine, or compliance with the order of the director, as applicable, or upon demonstration that such defendant is financially unable to pay the fine or to comply with the order. Any court which has ordered a suspension or revocation pursuant to paragraph II shall vacate the order and so notify the director and the affected defendant immediately after such defendant has appeared or paid his fine, as applicable, or has demonstrated that he is financially unable to pay the fine or to comply with the order.

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IV.

No license or driving privilege or plates suspended or revoked under this section shall be reinstated before the expiration of any other period of suspension or revocation in effect.

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V.

Nothing shall prevent any person affected by this section from obtaining a prompt review or hearing, upon showing just cause, before either the court or director for appropriate relief.

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VI.

The provisions of this section shall be the primary sanction for defendants who fail to appear, pay a fine, or other penalty or comply with an order of the director or a court, but shall not exclude other provisions of law relative to sanctions for defendants who fail to appear, pay a fine, or other penalty or comply with an order of the director or a court.

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VII.

Notwithstanding any other provision of law, upon application, the commissioner may, as justice may require, waive the driver's license suspension of any New Hampshire resident whose license or driving privileges have been suspended in this state or another state for a default on a non-drug or alcohol-related offense, where the default is more than 5 years old. This paragraph shall not apply to offenses which are misdemeanors or felonies. Source. 1983, 347:3; 383:72. 1985, 341:1, 2. 1989, 410:4. 1991, 347:1-5. 1994, 65:1. 1996, 182:4. 1998, 288:4. 2001, 91:13. 2003, 174:4. 2006, 260:20. 2008, 334:11, 12. 2012, 268:2, eff. Jan. 1, 2013. 2019, 124:1, eff. June 25, 2019.

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