4.12.2016

New Hampshire Law: Limited Driving Privilege After Revocation or Suspension RSA 263:57-b

New Hampshire Cinderella License.  Many questions arise about New Hampshire's new "limited driving privilege" law.  This law took effect on January 1, 2016.  Unlike states that have "Cinderella licenses", (usually a 12 hour period of the day in which drivers in those states that issue Cinderella licenses can drive until license reinstatement), New Hampshire law is more restrictive.  A New Hampshire driver cannot be granted the "limited driving privileges" until her right to drive is already suspended for 45 consecutive days, then the driver must jump through substantial hoops, including the installation of an "alcohol ignition interlock ("IID") device in her car before the very limited driving privilege can be approved by the New Hampshire DMV. 

Below is the text of the law:


263:57-b Limited Driving Privilege After Revocation or Suspension. –
    I. Notwithstanding any provision of law to the contrary, if a person is convicted of a first offense under RSA 265-A:2, I, not including any conviction involving driving a commercial motor vehicle, he or she may petition the court for a restoration of his or her operator's license with limited driving privileges. To qualify for consideration, the person shall submit proof of financial responsibility in accordance with RSA 265-A:28 and an application that demonstrates the need for the license. Satisfactory evidence of at least one of the following must be presented, including satisfactory proof from the employer, program, medical treatment facility, state-approved educational institution, or other destination:
       (a) That the person must operate a motor vehicle as a requisite of the person's occupation or employment.
       (b) That the person must operate a motor vehicle to seek employment or to get to and from a place of employment.
       (c) That the person must operate a motor vehicle to get to or from an alcohol or drug treatment or rehabilitation program.
       (d) That the person or a member of the person's immediate family requires medical treatment on a regular basis and the person must operate a motor vehicle in order that the treatment may be obtained.
       (e) That the person must operate a motor vehicle to continue his or her education.
       (f) That the person must operate a motor vehicle to attend job training.
    II. A license restored under this section shall limit the person's driving privileges:
       (a) To the times, places, and days determined to be necessary for the person to seek or retain employment, to attend any alcohol or drug treatment or rehabilitation program, to continue his or her education, to attend job training, or to obtain required medical treatment for the person or a member of the person's immediate family.
       (b) To times, places, and days that are specifically stated.
       (c) To vehicles equipped with enhanced technology ignition interlock devices.
    III. A license restored under this section shall not be effective until the person's license has been suspended or revoked, either pursuant to criminal penalty or administrative suspension, for at least 45 days and shall expire on the date specified by the court.
    IV. A violation of this section or the terms of the license restored under this section shall be considered a violation of RSA 263:64 and the license shall be revoked.
    V. A person granted a limited privilege license under this section shall deliver a copy of the court order granting the limited privilege license to the law enforcement agency in the city or town in which he or she resides. When operating a motor vehicle, a person granted a limited privilege license under this section shall have a copy of the court order granting the limited privilege license upon his or her person or in some easily accessible place within the vehicle.


If you have been convicted of a first offense DWI in New Hampshire and are contemplating petitioning for a limited driving privilege, please free to call me right away at 1-603-893-0074 if you would like to discuss this.  Careful consideration should be made on a case by case basis as to whether the application and obtainment of one of these "privileges" is worth it for you.



Attorney Mark Stevens
Law Offices of Mark Stevens
5 Manor Parkway
Salem, NH 03079
603-893-0074
Admitted in New Hampshire and Massachusetts

(c) 2016

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1 comment:

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