N.H. Rev. Stat. § 263:64

Current through Chapter 381 of the 2024 Legislative Session

Section 263:64 - [Effective 1/1/2025] Driving After Revocation or Suspension

I. No person shall drive a motor vehicle upon a way in this state while the person's driver's license or privilege to drive is suspended or revoked by action of the director or the justice of any court in this state, or competent authority in the out-of-state jurisdiction where the license was issued.

II. A person who drives a motor vehicle upon a way in this state while such person's license or driving privilege is suspended or revoked shall be guilty of violating this section regardless of whether such person has a license on the effective date of such suspension or revocation. Evidence that the notice of suspension or revocation was sent to the person's last known address as shown on the records of the division shall be prima facie evidence that the person was notified of the suspension or revocation.

III. A person who obtains or possesses an out-of-state license after such person's New Hampshire license or driving privilege has been revoked does not revive his or her driving privilege by having such out-of-state license, and such person shall be guilty of violating this section if he or she drives upon a way in the state while his or her New Hampshire license or driving privilege is suspended or revoked.

IV. Any person who violates this section by driving or attempting to drive a motor vehicle upon a way or by operating or attempting to operate an OHRV or snowmobile in this state during the period of suspension or revocation of his or her license or driving privilege for a violation of RSA 265:79 or an equivalent offense in another jurisdiction shall be guilty of a misdemeanor. Any person who violates this section by driving or attempting to drive a motor vehicle upon a way or by operating or attempting to operate an OHRV or snowmobile in this state during the period of suspension or revocation of his or her license or driving privilege for a violation of RSA 265-A:2, I, RSA 265-A:3, RSA 630:3, II, RSA 265:82, or RSA 265:82-a or an equivalent offense in another jurisdiction shall be guilty of a misdemeanor and shall be sentenced to imprisonment for a period not less than 7 consecutive 24-hour periods to be served within 6 months of the conviction, shall be fined not more than $1,000, and shall have his or her license or privilege revoked for an additional year. No portion of the minimum mandatory sentence of imprisonment shall be suspended by the court. No case brought to enforce this paragraph shall be continued for sentencing for longer than 35 days. No person serving the minimum mandatory sentence under this paragraph shall be discharged pursuant to authority granted under RSA 651:18, released pursuant to authority granted under RSA 651:19, or in any manner, except as provided in RSA 623:1, prevented from serving the full amount of such minimum mandatory sentence under any authority granted by title LXII or any other provision of law.

V.Notwithstanding the definition of "revocation'' in RSA 259:90 and the definition of "suspension'' in RSA 259:107, the phrase "period of suspension or revocation'' as used in paragraph IV and for purposes of paragraph IV only shall mean only suspension or revocation imposed by a court of competent jurisdiction. "Period of suspension or revocation'' shall include the period specifically designated and until the restoration of the person's driver's license or privilege to drive.

V-a.

(a) Except as provided in subparagraph (b), any person who drives a motor vehicle upon a way in this state during the period of suspension or revocation of his or her license or driving privilege and is involved in a collision resulting in death or serious bodily injury, as defined in RSA 625:11, VI, to any person, shall be guilty of a class B felony, where such person's unlawful operation of the motor vehicle caused or materially contributed to the collision. Evidence that the driver violated any of the rules of the road shall be prima facie evidence that the driver caused or materially contributed to the collision.

(b) A person violating this section whose license or driving privilege has been suspended pursuant to the provisions of RSA 263:14 only shall be guilty of a misdemeanor.

(c) A person violating this section whose license or driving privilege has been suspended pursuant to the provisions of RSA 265-A:30, or pursuant to a reasonably equivalent law in any other jurisdiction, shall be guilty of a misdemeanor and fined $500 plus penalty assessment.

VI. Any person who violates the provisions of this section shall be guilty of a misdemeanor upon conviction based upon a complaint which alleged that the person has had one or more prior convictions for driving after revocation or suspension in this state or reasonably equivalent offenses in any other jurisdiction within the 7 years preceding the date of the second or subsequent offense.

VII.Except as provided in paragraphs IV, V-a, and VI, any person who violates the provisions of this section shall be guilty of a violation, and shall be fined a minimum of $250 for a first offense and $500 for a second or subsequent offense.

RSA 263:64

Amended by 2024, 328:4, eff. 1/1/2025.

Amended by 2022 , 248: 2, eff. 1/1/2023.

Amended by 2022 , 248: 1, eff. 1/1/2023.

Amended by 2012 , 77: 3, eff. 1/1/2013.

RSA 262:27-b. 1967, 281:1. 1969, 107:1. 1973, 248:1; 528:139. 1978, 39:1; 40:14. 1981, 146:1. 1983, 214:1; 373:3; 431:10, 20. 1986, 35:1. 1987, 396:3. 1989, 189:1-3. 1993, 272:1. 1994, 291:1. 1997, 314:1, 5. 1999, 139:1-3. 2002, 136:3, 4, eff. Jan. 1, 2003. 2005, 177:48, eff. July 1, 2005; 210:46, eff. July 1, 2006. 2006, 259:6, eff. one day after passage of state operating budget for biennium ending June 30, 2009; 260:22, eff. Jan. 1, 2007. 2007, 263:66, eff. June 29, 2007. 2008, 62:2, eff. July 20, 2008.

This section is set out more than once due to postponed, multiple, or conflicting amendments.