BASIC FACTS: The defendant amassed three major motor vehicle violation convictions within a 5 year period.  Under New Hampshire’s Habitual Offender law, RSA 259:39, this triggered an action by the Department of Safety to begin the habitual offender certification process against the defendant.  The three major convictions included two DWI convictions and a conviction for operating after suspension or revocation of the defendant’s driving license, all within the 5 year period defined by the New Hampshire Habitual Offender law.  The Department of Safety issued the defendant a summons to appear at the DMV for a habitual offender certification hearing.  At a New Hampshire Habitual Offender certification hearing, a hearings examiner adds up the convictions, certifies the driver as a habitual offender, and revokes the driver’s license for a period of one to four years.  The defendant hired Attorney Stevens to represent her in the habitual offender proceedings.

STRATEGY AND PROCEDURE:  Attorney Stevens obtained the defendant’s conviction paperwork from the prior offenses.  In two of these cases, the defendant pleaded guilty without a lawyer.  Attorney Stevens then obtained a copy of the audio recording of the defendant’s plea to her prior DWI conviction.  Finding constitutional defects in the plea, Attorney Stevens ordered a transcript of the plea and sentencing on the defendant’s old DWI conviction.  He then filed a motion to vacate the prior conviction, which was granted by the Trial Court.  The result of all this was that one of the three necessary convictions to certifying the defendant as a habitual offender had been vacated, leaving only two major convictions on her record, not enough to be certified under New Hampshire’s tough Habitual Offender law. 

RESULT:       THE HABITUAL OFFENDER CERTIFICATION WAS DISMISSED!!!

Attorney Stevens thanks God for this successful defense!!!

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