This section sets out the process for classifying a person as an habitual offender, including notice, hearing, proof, possible license revocation, and limits on when convictions may be removed.
I. When the director determines that any person is an habitual offender within the meaning of RSA 259:39, the director shall issue an order requiring that person to appear for a hearing to show cause why he or she should not be barred from driving a motor vehicle upon the ways of this state. The show cause hearing shall incorporate a certified transcript or abstract of the person's conviction record, which shall be prima facie evidence that the person named therein was duly convicted, by the court in which such conviction or holding was made, of each offense shown by such transcript or abstract. If any person shall deny any of the facts stated in the transcript or abstract, he or she shall have the burden of proving that such is untrue. For the purposes of this chapter, a plea of nolo contendere shown on such transcript or abstract shall not make the same inadmissible. The department shall send notice for the show cause hearing by first class mail to the address of record with the division of motor vehicles. A person who fails to appear for the show cause hearing shall be defaulted and certified as an habitual offender, effective 30 days from the date of the hearing. The default order shall be served in-hand. II. If a person denies he was convicted of any offense necessary for a holding that he is an habitual offender and if the director cannot, on the evidence available to him, make such a determination, the director may certify the decision of such issue to the court in which the conviction was made. The court to which certification is made shall immediately conduct a hearing to determine the issue and send a certified copy of its final order determining the issue to the director. III. If the director finds that the person is not the same person named in the transcript or that the abstract does not contain the number of valid convictions required by RSA 259:39, the proceeding shall be dismissed. If the director finds that the person is the same person named in the transcript or abstract and that the person is an habitual offender, the director shall, by appropriate order, revoke the person's driver's license and direct the person not to drive a motor vehicle on the ways of this state for a period of one to 4 years effective upon the date of the order or upon dates of final conviction of the offense that resulted in certification. A copy of the order shall become part of the record of the division of motor vehicles. IV. No conviction for an offense specified under RSA 259:39 shall be annulled until at least 7 years after the conviction date. No court shall vacate, expunge, delete, cancel or otherwise remove such a conviction for at least 7 years subsequent to the conviction date, unless it is determined by a court of competent jurisdiction that the conviction was illegal or otherwise improper and invalid. V. The director may use convictions obtained in another state for the offense of reckless operation, driving while intoxicated, operating after suspension or revocation, manslaughter resulting from the operation of a motor vehicle, and negligent homicide resulting from the operation of a motor vehicle for the purpose of certifying an habitual offender. VI. A person who had his license revoked pursuant to RSA 262:19, III prior to July 17, 1987, may petition the director after a minimum of one year of such revocation for restoration of his driving privileges. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the conditions under which the director may restore a driver's license revoked under such conditions prior to the expiration of the original period of revocation. Source: Source. RSA 262-B:3. 1969, 433:1. 1973, 584:2. 1975, 496:2. 1981, 146:1. 1983, 373:2. 1985, 213:10. 1987, 238:2, 3. 1988, 238:1, 2. 1998, 325:1, eff. Jan. 1, 1999. 2022, 69:1, eff. July 19, 2022. 2024, 328:1, eff. Jan. 1, 2025.