Operating After Suspension-Subsequent Offense
Not Guilty April 27, 2011
Not Guilty After Trial
Client charged with a misdemeanor for “operating after suspension or revocation
of drivers license” in violation of RSA 263:64
Please note-this is an example
of the result of a recent
BASIC FACTS: The police stopped a
driver for a minor motor vehicle violation.
When the officer ran the driver’s license it came back suspended. The driver was arrested on the spot and
charged with “operating after suspension or revocation”. Because the driver had two prior convictions
for operating after suspension, he was charged with a subsequent offense and
charged with a criminal complaint. Because
the driver had two prior “major driving offenses” on his driving record, a conviction
would have led to certification as a habitual offender under
This citizen contacted Attorney Mark Stevens-1-603-893-0074 to defend his
rights and to try and keep him out of jail and on the road. Attorney Stevens represented the citizen at
trial. The defense in this case was lack
of proper notice of suspension. The
driver’s original suspension was for defaulting on a court date. However, there was confusion about the notice
of that previous court date. On the date
of his previous arrest the driver had awoken in a jail cell and did not realize
that he had been given a court date, and therefore did not know that he missed
that date due to being in a drunken stupor at the time.
After the citizen’s district court trial, he was found not guilty, and he
legally drove away from the courthouse.
RESULT: Not guilty verdict. No criminal conviction, no license loss and
no jail for this citizen.
Attorney Stevens thanks God for this successful
defense!!!
TODAY’S SCRIPTURE:
"These
things I have spoken to you, that in Me you may have peace. In the world you
will have tribulation; but be of good cheer, I have overcome the world."
John 16:33
The law on “operating after suspension” in
CHAPTER 263: Drivers'
Licenses: License Suspension and Revocation
RSA 263:64: Driving After
Revocation or Suspension (2011).
I. No person shall
drive a motor vehicle 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 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 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 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 shall be guilty of a
misdemeanor. Any person who violates this section by driving or attempting to
drive a motor vehicle 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 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 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.
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 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.
CALL TO ACTION: If
you have been charged with DWI, operating after suspension or revocation, or
any other criminal or motor vehicle charges in
RF