New Hampshire Code of Administrative Rules
Saf - Department of Safety
Subtitle Saf-C - Commissioner, Department of Safety
Chapter Saf-C 200 - PROCEDURAL AND HEARINGS RULES
Part Saf-C 204 - DRIVER LICENSE AND REGISTRATION ACTIONS
Section Saf-C 204.04 - Original License Suspension: Drivers Under Age 20

Universal Citation: NH Admin Rules Saf-C 204.04

Current through Register No. 40, October 3, 2024

(a) For the purposes of this section, "conviction" is defined as and includes a violation of any motor vehicle offense, whether it occurred in New Hampshire or any other jurisdiction.

(b) Pursuant to RSA 263:14 and for the purpose of this section, "offense" shall include proof of a conviction of any motor vehicle violation excluding a conviction of RSA 261:40, RSA 261:59 or RSA 266:5.

(c) Pursuant to RSA 263:14 and for the purpose of this section, "original license" means any driver license issued under title XXI to a person under the age of 20.

(d) Upon learning that an original license holder under the age of 20 has been convicted of an offense, the director or his/her agent shall suspend the original license as specified in this rule. In addition to a suspension of the original license, the director or his or her agent shall require that proof of liability insurance in the form of an SR-22 certificate be filed when an original license holder has 2 or more speeding convictions based upon violations that occurred within 2 years from the date the license was issued.

(e) An original license holder shall be given an opportunity for a hearing before the director or his/her agent suspends the original license.

(f) The division shall notify the driver of a date, location, and time where the driver may appear to show just cause why his/her license should not be suspended.

(g) Just cause pursuant to (f) above shall be that:

(1) The driver was 20 years or older at the time of the violation;

(2) The driver was not convicted of the violation;

(3) The driver did not hold an original New Hampshire license at the time of the violation; or

(4) There are extenuating or mitigating circumstances that the hearings examiner should consider.

(h) The scope of the original license suspension hearing shall be limited to:

(1) Whether the driver was under the age of 20 on the date of the violation;

(2) Whether the driver held an original New Hampshire license at the time of the violation;

(3) Whether the driver was convicted of a violation listed in (a) above; and

(4) Whether the driver presented compelling evidence of extenuating or mitigating circumstances.

(i) Extenuating or mitigating circumstances pursuant to (g) and (h) above shall include:

(1) The impact a suspension would have on the driver's education or employment;

(2) The length of time the driver has held an original license without prior motor vehicle violations;

(3) The driver's lack of prior motor vehicle convictions; and

(4) The lack of seriousness of the violation for which the driver has been convicted.

(j) Failure to appear as provided in (f) above shall waive the driver's right to a hearing and result in suspension periods as specified in (k) below unless exigent circumstances as defined in Saf-C 203.05(b), apply.

(k) The following suspension periods shall apply to original licenses:

(1) For the first conviction, 20 days;

(2) For the second conviction, 45 days; and

(3) For the third or subsequent conviction, 90 days.

(l) The suspension periods listed in (k) above, shall be in addition to any other penalty or remedy prescribed by statute or rule. If an additional suspension period is provided for by statute or rule, the original license suspension period shall not run concurrently.

(m) If a person fails to return his/her original license to the department by the date specified in the pending suspension notice or as instructed by the hearings examiner a day shall be added to the suspension period specified in (k) above for every day that the department does not receive the license.

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 203.04); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss and moved by #8230-B, eff 12-17-04 (formerly Saf-C 204.031 )

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