Section Saf-C 204.07 - Suspension/Revocation for Serious Offenses Under Reciprocity(a) The commissioner shall revoke the license or operating privileges of a resident upon receipt of evidence of conviction in another jurisdiction for reckless driving, driving while intoxicated, negligent homicide resulting from the operation of a motor vehicle or manslaughter resulting from the operating of a motor vehicle.(b) The date of revocation or suspension shall be the date of final conviction by a court of competent jurisdiction based upon a criminal or civil proceeding.(c) If the conviction is a driving while intoxicated and there is no prior driving while intoxicated convictions, the revocation shall be for the same duration as if the conviction had occurred in New Hampshire. Restoration shall be contingent upon the person's compliance with Saf-C 205.04.(d) If the conviction is a driving while intoxicated first offense and there is a record of prior driving while intoxicated conviction(s), the initial revocation shall be one year subject to review after successful completion of an approved alcohol education program pursuant to RSA 265-A:39. Upon such completion and after a minimum 6-month period of revocation, the defendant may, under the provisions of Saf-C 204.06(h), submit a written request for a hearing. Restoration shall be contingent on the defendant's compliance with Saf-C 205.04.(e) If the conviction is for reckless operation, the minimum period of revocation shall be 60 days. If there is a record of prior reckless operation convictions within 5 years, the provisions of Saf-C 207.04 and Saf-C 205.02 shall apply.(f) If the conviction is for either negligent homicide or manslaughter, the restoration provisions of Saf-C 209 shall apply.(g) If action is taken under paragraphs (c), (d), (e), or (f), the defendant shall be afforded the opportunity for a hearing. Any such hearing request shall not postpone, delay or otherwise impact the revocation or suspension. The hearing shall be scheduled within 15 days from the date the request is received.(h) At the hearing, after introduction of evidence by the state, the respondent shall have the burden of proving by a preponderance of evidence that: (1) The respondent is not the same person named on the notice(s);(2) The respondent was not convicted of the charges or similar charges as listed in (a) above; and(3) The respondent's operating privilege or license was not suspended or revoked as a result of the conviction.N.H. Admin. Code § Saf-C 204.07
#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 203.07 ); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss and moved by #8230-B, eff 12-17-04 (formerly Saf-C 204.06 )
Amended by Volume XXXIII Number 37, Filed September 12, 2013, Proposed by #10395-B, Effective 8/15/2013, Expires 8/15/2023.