Legal Question in DUI Law in New Hampshire

Dui

apeared in court ten years ago pleaded no contest to dui told judge that I was moving out of new england told me to report to westmoreland three weeks later told judge to incarserate me on the spot Irepeated that I was moving I left court and moved away from new england its been a decade how do I get my leicense


Asked on 11/30/08, 9:35 pm

2 Answers from Attorneys

Brian Zeiger Levin & Zeiger LLP

Re: Dui

understand that my answer is based on the theory that a license to drive is a privilege and not a right. if you disagree with this thought, we have to have a completely separate email.

pa isn't going to give you a license if another state says, "don't give this person a license." therefore, you have to go to the other state and get them to give you the privilege back.

your problem is that you kinda told the other state to shove it, so there is probably a warrant out for your arrest in new hampshire. though, i am not a licensed there, so i can't give you advice for that state. but, i would figure out what you owe them, then decide if it is worth it to you to deal with them versus the value of having your privilege to drive. then go there and fix the problem. have the supervision transferred to pennsylvania. make sure all nh paperwork for the license suspension is correct. finish the suspension. apply for a license in pa.

if you want to disregard all of the above and just beg pa to give you a license regardless of the nh matter, you can do that. though, you will probably lose, i'd be happy to do it for you. you have to file a certain type of notice with penndot and request a special hearing harrisburg. my concern is that if you have a warrant in nh, you'd probably get locked up at the hearing and extradited to nh. nonetheless, if you have an nh warrant, you may want to get it taken car of anyway for your piece of mind. btw, you would probably lose the special hearing (if you are even eligible for it) (did I already say all this?).

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Answered on 11/30/08, 10:42 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Dui

I agree with the answer you were given, except that as I understand your question, your DUI is in PA, and you want a license in NH?

Anyway, what you did wasn't very smart. As a result, you have no license, and you would have had it back years ago if you just did what you were supposed to do.

In PA, if you drive without a license that has been suspended because of DUI, it's mandatory 60-90 days in jail. No idea what it is there, or whether you have further driving violations since you left.

In any case, in order for you to get your license back, I would assume that you have to come back to PA, answer the charges, serve your time (if any) and THEN serve a year's suspension of your license (your suspension never started as you were never found guilty [in all likelihood] and never send your license in.)

Then and only then can you can get it back.

Let me know if I can be of help.

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Answered on 12/01/08, 8:08 am


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