HB 1458 – AS INTRODUCED
2010 SESSION
03/10
HOUSE BILL 1458
AN ACT relative to driver’s license suspensions.
SPONSORS: Rep. Gionet, Graf 3; Sen. Gallus, Dist 1; Sen. D'Allesandro, Dist 20
This bill authorizes the director of the division of motor vehicles to impose a driver’s license suspension for refusing to consent to an alcohol concentration test that runs concurrently with other penalties. This bill also removes the requirement that a request for an administrative review or hearing by the department of safety be requested within 30 days.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2123
03/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to driver’s license suspensions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Refusal of Consent. Amend RSA 265-A:14, II to read as follows:
II. The 180-day or 2-year suspension period or denial of issuance period imposed pursuant to this section [shall not] may run concurrently with any other penalty imposed under the provision of this title. Any such suspension or denial of a license or privilege to drive shall be imposed in addition to any other penalty provided by law, subject to review as provided in RSA 265-A:31.
2 Administrative Review and Hearings. Amend RSA 265-A:31, I(a) to read as follows:
I.(a) Any person whose license is suspended or revoked under this subdivision may request either an administrative review or a hearing. The request shall be in writing and shall state the grounds upon which the person seeks to have the order of suspension or revocation rescinded, which grounds shall be limited to those provided in paragraph II. The filing of the request shall not stay the suspension or revocation. [A request for either administrative review or hearing received by the department after 30 days from the date the notice is issued shall be denied as untimely.]
3 Period of License Suspension. Amend RSA 265-A:32 to read as follows:
265-A:32 Period of License Suspension. Where a license or driving privilege has been suspended under RSA 265-A:30 and the person is also convicted on criminal charges arising out of the same event both the suspension and the court-ordered revocation shall be imposed but the total period of suspension and revocation shall not exceed the longer of the 2 periods[; provided, however, that any suspension for refusing to submit to a test under the provisions of RSA 265-A:14 shall not run concurrently with any other penalty imposed under the provisions of this title].
4 Effective Date. This act shall take effect 60 days after its passage.