NH Habitual Offender Laws

NH Habitual Offender Laws

Picture this. You are rowing a small boat across Lake Winnipesauke in New Hampshire. Unbeknownst to you, you travel over a sand bar and strike a small rock. You start taking on a little water, but not enough to sink the boat. You’re going to make it to the clam shack for your lobster roll after all! Just then, BAM! You crash into a buoy ripping a bigger hole in the bottom of the boat. Now you are sinking faster than the Titanic.

The process of becoming a Habitual Offender is similar. It starts off as a snowball and escalates into an avalanche. Day after day I sit in court watching pro se individuals (people without a lawyer) plead guilty to every motor vehicle offense imaginable, without the help or guidance of an attorney. Little do they know or understand that they are inching closer to closer to becoming certified as a Habitual Offender.

Here is why it is so important to have an experienced lawyer:

The Department of Motor Vehicles is keeping a close eye on your motor vehicle record.  Nothing escapes their purview.  A Habitual Offender is a person who has been certified so by the DMV Director based on your prior convictions within a 5 year period.   If eligible, you’re going to get a nasty invitation to the DMV for a certification hearing if, within a 5 year period, you accumulate:

A) 3 or more major motor vehicle violations, such as DWI, Driving While Under Suspension, Reckless Driving, Displaying a False License, Road Racing; or

B) 12 or more motor vehicle convictions for lesser offenses, such as speeding, or driving without a license; or;

C) A combination of major and minor motor vehicle offenses, which meet the Habitual Offender definition on RSA 259:39, III

Driving after certification as a Habitual Offender is a felony, and is punishable by up to 5 years in the State Prison. The MINIMUM MANDATORY sentence is ONE YEAR in the county jail.

This is why it’s so important to have us in your corner, even on matters that to you may, at first glance, seem like “trivial” driving matters. Justin Shepherd and Mark Osborne will take a close look at your motor vehicle history before stepping foot inside the court. Based on your motor vehicle history, Attorneys Shepherd and Osborne will fight and do whatever is necessary to steer you clear of becoming a Habitual Offender.

If you receive notice from the DMV that they are seeking to certify you a Habitual Offender don’t delay! Call us immediately for a free consultation.

Office number:  603-595-5525

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