We, the undersigned, call on the New Hampshire Legislature to immediately reform RSA 259:39 and RSA 263:57-b to end the unjust and harmful criminalization of safe, non-dangerous drivers — and to restore fairness, logic, and public safety to our traffic laws.

Guiding Principle

New Hampshire’s habitual offender laws were designed to protect the public from drivers who pose genuine safety risks (DUI, reckless driving, repeated endangerment).

Currently, the law allows any suspension — including administrative or financial reasons like unpaid fines or child support — to contribute toward habitual offender certification. Once certified, if a person drives, they face felony charges, even if they have never endangered anyone.

📌 Felony consequences should only apply when the underlying suspension was safety-related.

For administrative suspensions, proportional alternatives like education, service, and restricted licenses should be used instead.

Proposed Alternatives for Non-Dangerous Drivers (23 Options)

🔹 Education & Testing
Mandatory Driver’s License Law Class – Explains suspensions, reinstatement, and responsibilities.
Re-Testing Requirement – Written and road exam to ensure knowledge of traffic and license laws.
License Responsibility Exam – A new DMV test on suspension laws and reinstatement processes.
Driver Improvement Workshop – Covers safe driving, budgeting fines, and accountability.
Family Impact Awareness Class – Shows the effect of suspensions on children and families.

🔹 Community Service & Civic Contribution
Community Driving Credit Program – Service hours tied to DMV, DOT, or road safety projects.
Town Partnership Service – Assist with parks, public works, or other municipal needs.
Safety Outreach Service – Presentations at schools or community centers about licensing responsibilities.
Highway Safety Service – Litter removal, signage help, or support for local road projects.
Transportation Volunteer Program – Support seniors or disabled residents with non-driving transit tasks.

🔹 Accountability Programs
Restoration Partnership Plan – Structured repayment of fines via wage deductions or service credits while maintaining a limited license.
Tiered Habitual Designation –

Habitual Safety Risk Offenders (felony-level).
Habitual Administrative Offenders (education/service-level).

Second Chance Compliance Program – Stay violation-free for a set period while driving on a probationary license.
Probationary Limited License – Restricted driving for essential purposes (work, school, medical, childcare). (And yes in order to get this license you have to pay the fee, install a dash cam or some device which would allow the state to ensure safe driving and responsibility
Restorative Justice Circles – Peer-led accountability sessions for reflection and community impact.
🔹 Technology & Restricted Access
Emergency-Only Permit (GPS/Geofence) – install a dash cam, it could be set up the like interlock device and keeps records of all travel. Travel only to pre-approved essential destinations.
Digital Restricted License /install dash cam- Flagged for essential travel, verifiable by law enforcement.
Compliance Monitoring Device – Dash cam/GPS/odometer device for repeat administrative offenders to track permitted travel.
Dashboard Camera Requirement – Provides evidence of lawful driving, protects the driver, and reduces disputes with DMV or law enforcement.

🔹 Financial Alternatives
Fine-for-Service Swap – Community service reduces fines owed to the court or DMV.
Sliding Scale Fines – Adjust penalties based on income to prevent punishing poverty.
Transportation Contribution Fund – Contributions go to public transit or road safety improvements.
Reinstatement Investment Program – Structured “driver reinvestment fee” funds DMV safety/education initiatives.

Benefits to the State, DMV, and Towns

State of New Hampshire
Public Safety Prioritized – Felonies reserved for drivers who genuinely endanger the public.
Economic Stability – Keeps safe drivers employed and paying taxes, preventing reliance on social services.
Reduced Incarceration Costs – Avoid unnecessary jail terms and associated costs.
Revenue Generation – Education, testing, and restricted license fees create new revenue streams.
Modernization – Aligns NH with proportional justice reforms nationwide.

DMV
New Revenue Channels – Classes, retesting, and restricted license fees provide stable income.
Improved Compliance – Educated drivers are less likely to repeat violations.
Streamlined Processes – Tiered offender system reduces unnecessary habitual offender hearings.
Technology Integration – Dashcams, geofencing, and restricted licenses modernize monitoring.
Positive Public Image – DMV seen as fair and proactive.

Towns & Local Communities
Community Service Programs – Offender hours support parks, schools, and public works.
Stronger Local Workforce – Parents maintain employment, reducing local workforce gaps.
Court Relief – Fewer felony cases clogging municipal courts.
Youth Education Impact – Safety outreach programs benefit schools and communities.
Direct Local Revenue – Transportation contribution funds or service hours benefit municipal programs.

Once certified, any future driving — even to work, to take a child to school, or to a doctor — becomes a felony under RSA 262:23, even if no one is harmed and no laws are otherwise broken.

These individuals are given no legal option to apply for a limited or hardship license — even when driving safely out of necessity.

Meanwhile:

A person convicted of driving under the influence — which clearly endangers lives — can petition the court under RSA 263:57-b to obtain a limited driving privilege license just 45 days after their suspension begins.

This makes no sense. The law punishes non-dangerous drivers more severely than those who pose a real threat to public safety.

⚖️ What Needs to Change

We demand that New Hampshire lawmakers immediately amend the state’s Habitual Offender and Limited Driving Privilege laws to:

Exclude non-dangerous driving while suspended from being counted as a “major offense” under RSA 259:39.

People should not be certified as habitual offenders for non-violent, administrative, or poverty-driven infractions — like unpaid fines or failure to reinstate on time — if they were not impaired, reckless, or threatening public safety.
Reserve Habitual Offender certification for truly dangerous behavior, including:

Driving under the influence (DWI/DUI)
Attempting to flee law enforcement
Reckless endangerment
Causing or attempting to cause serious bodily injury
Any other serious crime that threatens the safety of others, driving while suspended in itself is not harmful to anyone

Allow drivers who have not been convicted of DUI, DWI, reckless driving, or other endangering conduct to apply for a limited driving privilege license, especially for:

Employment
Medical appointments (for themselves or children)
Transportation to school or job training
Transportation for kids to play sports ect

💔 Who Is Harmed

‼️These laws disproportionately harm:

Low-income individuals who can’t afford to pay fines or reinstate fees on time
Single parents who must drive to transport children to school or medical care
Hardworking people who rely on a car to maintain employment in rural areas
Anyone trying to survive without endangering others — but with no legal option to drive safely and responsibly

People are being labeled felons not for being dangerous, but for being poor.

⏰ Why Now

New Hampshire is lagging behind common-sense reforms enacted in other states. Across the country, legislatures are updating traffic laws to ensure that non-dangerous drivers are not criminalized and that resources are focused on actual threats to public safety.

We must act now to:

Stop mass criminalization of the working poor
Prevent unnecessary incarceration for safe, non-violent conduct
Restore public trust in our justice system by ensuring it is fair, rational, and humane
Stop incarceration of parents whom have never driven harmfully

✅ The Solution Is Clear

Driving while poor is not a felony. Driving while dangerous is.

We demand an overhaul of RSA 259:39 and RSA 263:57-b to ensure:

Habitual offender certification applies only to truly dangerous drivers
Non-violent, safe drivers are given a legal pathway to limited driving privileges
No one loses their future — or faces prison — for trying to survive without causing harm

Conclusion

New Hampshire’s habitual offender laws in RSA 259:39 & RSA 262:19–26 are outdated and overly broad, punishing individuals who have never endangered anyone.

📌 Felony consequences should be reserved for dangerous drivers only.

For administrative suspensions, the state can implement education, service, restricted licenses, and monitoring — all benefiting the DMV, towns, and the state.

This proposal ensures:

Fairness – no safe driver treated like a criminal.
Safety – dangerous drivers remain accountable.
Efficiency – courts, jails, and DMV resources are used wisely.
Community Benefit – towns and state programs gain labor, revenue, and engagement.

📢 Sign this petition today. Let’s bring reason, fairness, and justice back to New Hampshire’s roads.

Terry Roy

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