New Hampshire § 263-56 - Section 263:56 Authority to Suspend or Revoke License.

§ 263-56. Section 263:56 Authority to Suspend or Revoke License.

I. In addition to any other authority provided by law, the director is hereby authorized to revoke or suspend any license, permit or certificate issued under this title after a hearing upon a showing by its records or other sufficient evidence that the driver or boat operator: (a) Has committed an offense for which mandatory revocation of license is required upon conviction; (b) Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways; (c) Is an habitually reckless or negligent driver of a motor vehicle, as established by the point system set up pursuant to paragraph II, by a record of accidents, or by other evidence; (d) Is incompetent to drive a motor vehicle by reason of physical or mental impairment; (e) Has fraudulently or unlawfully used, permitted to be used, altered, displayed, or manufactured a license, has in his possession an altered or false license, or has been convicted of any offense specified under RSA 263:12; (f) Has violated his written promise to appear given to an officer upon the issuance of a traffic citation in this or any other state or has failed to appear in court in this or any other state at the time specified by the court; (g) Has by reckless or unlawful operation of a motor vehicle or boat caused or materially contributed to an accident resulting in death or injury to any other person or serious property damage; (h) Is a hazard to the public safety as evidenced by proper evidence or information received from a law enforcement agency of misconduct or misuse or abuse of driving privileges; or (i) Has been determined to be the owner of an abandoned vehicle that has been removed pursuant to a request by a peace officer. II. For the purpose of identifying habitually reckless or negligent drivers and habitual or frequent violators of traffic regulations governing the movement of vehicles, the director shall adopt rules pursuant to RSA 260:5 establishing a uniform system assigning demerit points for convictions of violations of this title. The rules shall include a designated level of point accumulation which so identifies drivers. The director may assess points for convictions in other states of offenses which, if committed in this state, would be grounds for such assessment. Notice of the assessment of points may be given in accordance with rules adopted by the director. No points shall be assessed for violating a provision of this title regulating standing, parking, equipment, size or weight. However, points may be assessed for convictions involving abandoned vehicles as provided in RSA 262:40-c, and points may be assessed against any person who is found by the director to have abandoned a vehicle and who has not satisfied the reasonable costs of removal and storage. In case of the conviction of a licensee of 2 or more traffic violations committed on a single occasion, such licensee shall be assessed points for one offense only and if the offenses involved have different point values, such licensee shall be assessed for the offense having the greater point value. The director is authorized to suspend or revoke the license of a driver when his driving record identifies him as an habitually reckless or negligent driver or an habitual or frequent violator under this section. The director may, in accordance with rules adopted pursuant to this section, order the licensee to attend a group or private driver improvement interview regarding his driving ability and record. II-a. Notwithstanding RSA 605:6 or any other provision of law to the contrary, any conviction for an offense which is used as a basis for suspension or revocation of a license under this section and which involves a plea of nolo contendere shall be treated in the same manner as a conviction which involves a guilty plea for the purpose of assessing demerit points under paragraph II. III. The director shall not revoke or suspend a driver's license under the provisions of this section for a period in excess of one year except: (a) In the case of a person whose license is suspended or revoked pursuant to RSA 263:56, I(g) the director may suspend or revoke a license for not more than 7 years. (b) In the case of a person whose license is suspended or revoked pursuant to RSA 263:56, I(d) by reason of physical or mental impairment the director may suspend or revoke a license indefinitely provided that the person may request a hearing once every year thereafter for the purpose of reviewing the original order. IV. In proceedings concerning accidents involving motor vehicle fatalities or serious injury, the director shall not give weight to the lack of a criminal prosecution relative to the accident in making his decision concerning license suspension or revocation. In any hearing conducted under the provisions of this section regarding a fatality, the decedent's next of kin shall receive notice of the hearing, shall have the right to be present at the hearing, and shall be permitted to testify at the hearing. In any hearing conducted under the provisions of this section regarding a serious injury, any seriously injured person shall receive notice of the hearing, shall have the right to be present at the hearing, and shall be permitted to testify at the hearing. The decedent's next of kin or any seriously injured person, if aggrieved by the director's order, shall have standing under RSA 263:76 to file a petition of review in the superior court for review of the questions of law in the director's order. If an appeal is made under RSA 263:76 concerning an accident involving a motor vehicle fatality or serious injury, the decedent's next of kin or any seriously injured person shall be notified of the filing of the appeal and the date of the appeal hearing and shall have the right to make a written statement to the court at the time of the hearing. The director shall be deemed to have complied with this paragraph provided that he has notified by certified mail with return receipt requested the seriously injured person or at least one of the next of kin who is, if possible, of the age of majority and listed in RSA 259:66-a and who has been identified as a result of a review of division records or of information made known to the division. V. The director shall adopt rules as part of the point system required by paragraph II, establishing lesser point totals for suspension or revocation of driver's licenses of younger drivers including separate categories for drivers who are under the ages of 21 and 18, respectively.