New Hampshire's Habitual Offender Certification Laws by Salem DWI Lawyer Mark Stevens 1-603-893-0074

Have you been served with a hearing notice for a "habitual offender certification" hearing at the New Hampshire DMV? You may be wondering how the state establishes "habitual offender certification" under New Hampshire law. Below I have reproduced the law governing habitual offender calculus used by the New Hampshire Department of Safety to calculate whether you are certifiable as a "habitual offender" under the New Hampshire Motor Vehicle Code.

RSA 259:39 Habitual Offender (2010).

"Habitual offender" means any resident or nonresident person whose record, as maintained in the office of the division, shows that such person has accumulated convictions in the number provided in paragraph I, II or III of this section for those offenses listed therein and committed within a 5-year period, based on the date of the offense. After a conviction for an offense listed either in paragraph I or in paragraph II and during the 5-year period, if a subsequent single incident results in convictions for more than one offense under the same paragraph, each such conviction may be counted separately for the purpose of certifying a person as an habitual offender. A person who meets the requirements of one of the following 3 paragraphs shall be certified as an habitual offender:

I. Three or more convictions, singularly or in combination, of the following offenses:

(a) Conviction of any offense specified in RSA 261:73;

(b) Conviction of any offense specified in RSA 262:1, I;

(c) Conviction of any offense specified in RSA 262:8;

(d) Conviction of any offense specified in RSA 262:12;

(e) Conviction of any offense specified in RSA 262:13;

(f) Conviction of any offense specified in RSA 263:12, V;

(g) Conviction of any offense specified in RSA 263:64;

(h) Conviction of any offense specified in RSA 264:25;

(i) Conviction of any offense specified in RSA 265:4;

(j) Conviction of any offense specified in RSA 265:79;

(k) Conviction of any offense involving a vehicle specified in RSA 265-A:2, I;

(l) Conviction of any offense involving a vehicle specified in RSA 265-A:3;

(m) Conviction under RSA 630:2 of manslaughter resulting from the operation of a motor vehicle;

(n) Conviction under RSA 630:3 of negligent homicide resulting from the operation of a motor vehicle;

(o) Conviction of any felony in which a motor vehicle is used;

(p) Conviction of any offense specified in RSA 265:75;

(q) Conviction of any offense specified in RSA 265:54;

(r) Conviction of any offense specified in RSA 265:82; or

(s) Conviction of any offense specified in RSA 265:82-a.

II. Twelve or more convictions, singularly or in combination, of the following offenses:

(a) Conviction of any offense specified in RSA 265:22.

(b) Conviction of any offense specified in RSA 265:60.

(c) Conviction of any offense specified in RSA 263:1.

(d) Conviction of any offense specified in RSA 263:63.

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.

The attorneys in my office represent people facing habitual offender certification hearings. If you have been served with a habitual offender certification hearing notice, please feel free to call my office today at 1-603-893-0074 to arrange a free consultation to discuss your case.

Have a safe weekend,

Mark Stevens
Call the Law Offices of Mark Stevens for a free consultation for your case today at 1-603-893-0074.

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