New Hampshire
New Hampshire Reckless Driving Laws: Fines, Points and Revocation
Independently fact-checked against primary sources (last audited October 25, 2026). · 24 primary sources cited on this page. How we verify our legal content
In New Hampshire, reckless driving under RSA 265:79 is a violation, not a crime: the statute makes it punishable by a fine of $500 to $1,000 plus a penalty assessment for a first offense, and New Hampshire's sentencing law allows no jail for a violation. What makes it serious is the license penalty, a mandatory 60-day revocation for a first offense (60 days to one year for a subsequent offense), and since January 1, 2026, driving 100 mph or more is a separate violation under RSA 265:79, II with a 90-day revocation.
Information last verified on 2026-10-25. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers New Hampshire statutes and Division of Motor Vehicles rules on reckless driving (RSA 265:79), driving 100 mph or more, negligent driving, racing, the related license revocations and demerit points, and driving without a valid license. It does not cover DWI penalties (see New Hampshire DUI and DWI laws), homicide offenses (see New Hampshire manslaughter laws), local ordinances, federal property, or commercial-driver rules beyond a short note. For other states, see reckless driving laws by state.
What is reckless driving in New Hampshire?
RSA 265:79, I covers four kinds of driving. It applies to anyone who, "upon any way":
- drives a vehicle "recklessly," or causes a vehicle to be driven recklessly, as defined in RSA 626:2, II(c);
- drives "so that the lives or safety of the public shall be endangered";
- drives "upon a bet, wager, or race"; or
- "drives a vehicle for the purpose of making a record,"
"and thereby violates any of the provisions of this title or any rules adopted by the director." That last clause is part of the offense: the reckless, endangering, racing or record-setting driving must also involve a violation of a provision of the motor vehicle title or a Division of Motor Vehicles rule.
What "recklessly" means
RSA 626:2, II(c) defines the mental state:
"A person acts recklessly with respect to a material element of an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the circumstances known to him, its disregard constitutes a gross deviation from the conduct that a law-abiding person would observe in the situation." RSA 626:2, II(c)
The "lives or safety of the public" prong of RSA 265:79 is written as a separate alternative and does not refer to that definition.
Where it applies
Under RSA 265:1, the motor vehicle title's driving rules "refer exclusively to the driving of vehicles upon ways" unless a section says otherwise, and reckless driving is one of the listed exceptions: the provisions that prohibit reckless driving (along with DWI, unreasonable speed and driving after suspension) "may be enforced on all roads and streets, or driveways of business establishments, when such roads, streets or driveways are not closed to the general public."
Is reckless driving a crime in New Hampshire? Penalties
No. RSA 265:79 makes reckless driving a "violation," and under RSA 625:9, II, "Every offense is either a felony, misdemeanor or violation," "Felonies and misdemeanors are crimes," and "A violation does not constitute a crime and conviction of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense." RSA 651:2, III-a limits the sentence for a violation: "A person convicted of a violation may be sentenced to conditional or unconditional discharge, or a fine."
RSA 265:79 sets its own fine range, "notwithstanding the provisions of title LXII" (the criminal code):
- First offense: a fine of not less than $500 nor more than $1,000, plus penalty assessment, and revocation of the license or operating privilege "for a period of 60 days."
- Subsequent offense: a fine of not less than $750 nor more than $1,000, plus penalty assessment, and revocation "from 60 days to one year."
Driving 100 mph or more
RSA 265:79, II, in effect since January 1, 2026, is the state's speed-based reckless provision. A person who drives "at a speed of 100 miles per hour or greater and thereby violates any of the provisions of this title or any rules adopted by the director" is guilty of a violation, with a minimum fine of $750 plus penalty assessment for a first offense and $1,000 plus penalty assessment for a subsequent offense, and a license revocation of 90 days for a first offense and 90 days to one year for a subsequent offense. Before that date, driving 100 mph or more was one of the forms of reckless driving in paragraph I and carried that paragraph's $500 minimum fine and 60-day revocation for a first offense.
When reckless driving can become a misdemeanor
Two provisions can turn reckless driving facts into a crime:
- Mobile electronic devices. Under RSA 651:2, II-h, a person charged with an offense under RSA 265 "whose offense was also based on facts involving the prohibited use of a mobile electronic device while driving, as defined in RSA 265:79-c," may face enhanced penalties: "If the offense would otherwise constitute a violation, it may be charged as a class B misdemeanor."
- Vehicular assault. RSA 265:79-a makes it a class A misdemeanor to cause death or serious bodily injury to another while using a propelled vehicle or vessel "where such person's negligent operation of the propelled vehicle or vessel causes or materially contributes to the collision." A class A misdemeanor carries up to one year in jail and a fine up to $2,000 (RSA 651:2, II(c) and IV(a)).
How fast is reckless driving in New Hampshire?
The only fixed speed line in the reckless driving statute is 100 mph or greater (RSA 265:79, II). New Hampshire has no separate criminal speeding statute: ordinary speeding under RSA 265:60 is a violation with a fine schedule, and the highest band in that schedule is "26+" mph over the limit at $350, plus penalty assessment.
RSA 265:60, I also sets the basic speed rule: "No person shall drive a vehicle on a way at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing."
How many points is reckless driving in New Hampshire? License consequences
Mandatory revocation
The revocation is not optional. RSA 263:65 provides that "Upon a conviction of a violation of RSA 265:79, the court shall report to the department and shall immediately revoke the license or driving privilege of the person so convicted, or the right of a nonresident so convicted to drive within the state of New Hampshire." Under the Division's rule Saf-C 204.07, a New Hampshire resident convicted of reckless driving in another state also has the license revoked, and "If the conviction is for reckless operation, the minimum period of revocation shall be 60 days."
Demerit points
Saf-C 212.03 assigns demerit points by statute:
| Conviction | Demerit points |
|---|---|
| Reckless driving (RSA 265:79) | 6 |
| Racing (RSA 265:75) | 6 |
| Driving after revocation or suspension (RSA 263:64) | 6 |
| Driving under the influence (RSA 265-A:2) | 6 |
| Negligent driving (RSA 265:79-b) | 4 |
| Speeding 25 mph or more over the posted limit (RSA 265:60-67) | 4 |
Under Saf-C 212.02(c), a driver 21 or older who accumulates 12 demerit points in one calendar year is subject to suspension of up to 3 months, 18 points in 2 consecutive calendar years up to 6 months, and 24 points in 3 consecutive calendar years up to one year. Separately, under RSA 263:56, I, the director may suspend or revoke the license of a person who "Is an habitually reckless or negligent driver of a motor vehicle, as established by the point system," or who "Has by reckless or unlawful operation of a motor vehicle or boat caused or materially contributed to an accident resulting in death or injury to any other person or serious property damage." In the second case the suspension or revocation may last up to 7 years (263:56, III(a)).
Probationary license after reinstatement
Under RSA 265-A:35, I, a person who applies to get a license back after a revocation or suspension for an offense under RSA 265:79 "is an 'at risk' driver and his or her driver's license shall be probationary for at least 5 years following the date of reissuance."
Second reckless conviction and proof of insurance
Under Saf-C 207.05, a second conviction "for driving a vehicle in a reckless manner within 5 years" triggers a notice requiring the driver to file proof of financial responsibility "in the form of an SR-22 certificate," with suspension of the license and registration 30 days after the notice if the driver does not comply.
Youth operators
Since January 1, 2026 (2025 N.H. Laws chapter 251), RSA 263:14, V provides that the holder of a youth operator's license who is convicted of an offense under RSA 265:79 "shall not be eligible for reissuance of a license for a minimum of 90 days, consecutive to any court-imposed license suspension, and until the person has completed an approved in-person driver attitude program in accordance with Saf-C 212.08." If the program is completed during the suspension, up to 60 days may be stayed until age 21 as long as there are no further moving violations.
Habitual offender
Under RSA 259:39, a person is a habitual offender with "Three or more convictions, singularly or in combination," of the offenses listed in paragraph I, which include reckless driving (RSA 265:79), racing (RSA 265:75) and negligent driving (RSA 265:79-b), for offenses committed within a 5-year period; 12 or more lesser listed convictions, or the combinations in paragraph III, also qualify. Under RSA 262:19, III, a habitual offender's license is revoked for one to 4 years. Under RSA 262:23, I, a habitual offender convicted of driving while an order prohibiting it is in effect "shall be guilty of a felony" and sentenced to imprisonment for not more than 5 years, a sentence the statute allows to be suspended only when the driving was necessitated by an apparent extreme emergency to save life or limb, except that RSA 262:23, III makes it a class A misdemeanor for a person whose certification rested on no DWI or criminal motor vehicle conviction and who has had none since.
Commercial drivers
RSA 259:98-a lists "Reckless driving, as provided in RSA 265:79" as a serious traffic violation for commercial driver purposes. Under federal rule 49 C.F.R. 383.51, a second such conviction within three years brings a 60-day disqualification from commercial driving and a third a 120-day disqualification, and a conviction in a personal vehicle counts only if it results in a revocation, cancellation or suspension of the license; the reckless driving laws by state hub covers the federal layer.
Negligent driving in New Hampshire
New Hampshire has no offense called careless driving. Its lower-level offense is negligent driving under RSA 265:79-b, which applies to anyone who "upon any way drives a vehicle negligently or causes a vehicle to be driven negligently, as defined in RSA 626:2, II(d), or in a manner that endangers or is likely to endanger any person or property." It is a violation, with a fine of $250 to $500 for a first offense and $500 to $1,000 for a second or subsequent offense, and it carries 4 demerit points.
The difference from reckless driving is the mental state. Under RSA 626:2, II(d), a person acts negligently when he "fails to become aware of a substantial and unjustifiable risk," where that failure is "a gross deviation from the conduct that a reasonable person would observe in the situation." Recklessness requires being aware of the risk and consciously disregarding it.
Racing in New Hampshire
RSA 265:75, I provides that "No person shall drive any vehicle on a highway in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record; and no person shall in any manner participate in any such race, competition, contest, test or exhibition." A conviction is a violation (265:75, IV), so the sentence is limited to discharge or a fine of up to $1,000 (RSA 651:2, III-a and IV(a)), and it carries 6 demerit points.
Driving "upon a bet, wager, or race" is also one of the forms of reckless driving under RSA 265:79, I, which brings that section's minimum fine and mandatory revocation. Apart from 265:75's bar on participating "in any manner," the road-racing sections of chapter 265 (RSA 265:75 to 265:78) contain no separate offense for street takeovers, drifting, spectators or organizers.
Wet reckless in New Hampshire
New Hampshire's reckless driving statute has a provision for cases that began as DWI charges. The last sentence of RSA 265:79, I provides:
"Any person who pleads guilty to an offense under this section that was originally charged with an offense under RSA 265-A:2 or RSA 265-A:3 shall be required to complete a qualified online victim impact panel program, as defined in RSA 265-A:1, VII, unless the court determines that exceptional circumstances exist." RSA 265:79, I
RSA 265-A:2 and 265-A:3 are the DWI and aggravated DWI sections. The same victim impact panel requirement applies to negligent driving under RSA 265:79-b, where it was added effective January 1, 2026 (2025 N.H. Laws chapter 71).
Separately, the DWI chapter limits agreements in DWI cases. RSA 265-A:21, III provides that if a person is arrested for DWI, "no prosecutor shall enter into any agreement with such person or such person's attorney if such agreement would result in a charge that removed the case from consideration under any provision of RSA 259-RSA 266." Reckless driving, RSA 265:79, is within that range of chapters. For DWI penalties, see New Hampshire DUI and DWI laws.
Driving without a license or after revocation in New Hampshire
- Never licensed. Under RSA 263:1, III, "Any person who drives a motor vehicle in this state and who has never had a license shall be guilty of a class B misdemeanor." A class B misdemeanor carries no incarceration or probation and a fine of up to $1,200 (RSA 651:2, III and IV(a)).
- Expired license. A person whose license of the appropriate class has been expired for not more than 12 months is guilty of a violation, or a class B misdemeanor for a second or subsequent offense (263:1, II).
- Driving during a reckless driving revocation. RSA 263:64, IV provides that a person who drives during a suspension or revocation imposed "for a violation of RSA 265:79 or an equivalent offense in another jurisdiction shall be guilty of a misdemeanor." The paragraph does not state a class. Under RSA 625:9, IV(c), a misdemeanor without a stated class is presumed to be a class B misdemeanor (no jail or probation, fine up to $1,200) unless one of that paragraph's exceptions applies, such as the State filing notice of intent to seek class A penalties on or before arraignment or filing the charge directly in superior court (class A: up to 1 year and $2,000). So although reckless driving itself is only a violation, driving during the revocation it brings is a crime.
- Other driving after suspension. Except as paragraphs IV, V-a and VI provide, driving after suspension or revocation is a violation with a minimum fine of $250 for a first offense and $500 for a second or subsequent offense (263:64, VII). It becomes a misdemeanor when the complaint alleges a prior conviction for driving after revocation or suspension within the preceding 7 years (263:64, VI).
Fleeing police in New Hampshire
Under RSA 265:4, III, a driver who violates the eluding provision in 265:4, I(c) "shall be guilty of a class A misdemeanor and shall be fined not less than $500." It becomes a class B felony if the driver "is involved in a motor vehicle accident which causes serious bodily injury" while being pursued, and a class A felony if the accident causes a death.
New Hampshire reckless driving offenses at a glance
| Offense | Statute | What it prohibits | Grade | Statutory penalty |
|---|---|---|---|---|
| Reckless driving, first offense | RSA 265:79, I | Driving recklessly, endangering public safety, racing on a bet or wager, or driving for a record, while violating a motor vehicle law or rule | Violation (not a crime) | Fine $500 to $1,000 plus penalty assessment; mandatory 60-day license revocation; no jail |
| Reckless driving, subsequent offense | RSA 265:79, I | Same | Violation | Fine $750 to $1,000 plus penalty assessment; revocation 60 days to 1 year |
| Driving 100 mph or more | RSA 265:79, II | Driving at 100 mph or greater while violating a motor vehicle law or rule | Violation | Minimum fine $750 (first) or $1,000 (subsequent) plus penalty assessment; revocation 90 days (first) or 90 days to 1 year (subsequent) |
| Negligent driving | RSA 265:79-b | Driving negligently, or in a manner that endangers or is likely to endanger any person or property | Violation | Fine $250 to $500 (first); $500 to $1,000 (second or subsequent) |
| Racing on highways | RSA 265:75 | Racing, speed contests, drag races, exhibitions of speed or acceleration, record attempts, or participating in them | Violation | Fine up to $1,000; no jail |
| Vehicular assault | RSA 265:79-a | Negligent operation that causes or materially contributes to a collision causing death or serious bodily injury | Class A misdemeanor | Up to 1 year and $2,000 |
| Fleeing or eluding police | RSA 265:4, I(c), III | Eluding a law enforcement officer | Class A misdemeanor; class B felony with a serious-injury crash; class A felony with a fatal crash | Class A misdemeanor: up to 1 year, fine of at least $500 and up to $2,000 |
| Driving during a reckless driving revocation | RSA 263:64, IV | Driving while suspended or revoked for a reckless driving violation | Misdemeanor, presumed class B unless the State gives notice of class A penalties by arraignment or files in superior court (RSA 625:9, IV(c)) | Class B: no jail or probation, fine up to $1,200; class A: up to 1 year and $2,000 |
| Driving without ever having a license | RSA 263:1, III | Driving in New Hampshire without ever having had a license | Class B misdemeanor | No jail or probation; fine up to $1,200 |
Sentencing ranges come from RSA 651:2. For New Hampshire's full class table, see New Hampshire felony and misdemeanor classes.
When reckless driving causes a death
RSA 630:3, I makes it a class B felony to cause "the death of another negligently"; see New Hampshire manslaughter laws.
Recent changes
- January 1, 2026. 2025 N.H. Laws chapter 278 (HB 468) took driving 100 mph or more out of the general reckless driving paragraph, where it carried the $500 minimum fine and 60-day revocation, and made it a separate violation under new RSA 265:79, II with a $750 minimum fine ($1,000 for a subsequent offense) and a 90-day revocation (90 days to one year for a subsequent offense). Chapter 71 (HB 602) added the victim impact panel requirement for guilty pleas in cases originally charged as DWI or aggravated DWI to RSA 265:79 and 265:79-b. Chapter 251 (SB 266) rewrote the youth operator reissuance rule in RSA 263:14, V described above. All three took effect January 1, 2026.
- September 30, 2025. 2025 N.H. Laws chapter 280 added RSA 263:1, IV, which treats an out-of-state license of a class issued only to people unable to prove lawful presence as invalid in New Hampshire; driving on one is a violation, and a class B misdemeanor for a second or subsequent offense.
- January 1, 2025. The eluding statute (RSA 265:4) and the driving-after-suspension statute (RSA 263:64) were amended by 2024 N.H. Laws chapter 328, and the speeding fine schedule (RSA 265:60) by chapter 363.
Related New Hampshire laws
- Reckless driving laws by state
- New Hampshire DUI and DWI laws
- New Hampshire manslaughter laws
- New Hampshire felony and misdemeanor classes
- New Hampshire expungement laws
- Maine reckless driving laws, where the offense is the crime of driving to endanger
This article is general legal information about New Hampshire law, not legal advice. For a specific situation, contact a lawyer licensed in New Hampshire, or the New Hampshire Division of Motor Vehicles for license and points questions.
Last updated: 2026-10-25.
Frequently Asked Questions
Is reckless driving a crime in New Hampshire?
No. RSA 265:79 makes reckless driving a violation, and under RSA 625:9 a violation is not a crime. A violation can bring only a discharge or a fine, not jail (RSA 651:2, III-a).
Is reckless driving a misdemeanor in New Hampshire?
Not ordinarily; it is a violation. It may be charged as a class B misdemeanor when the offense also involves prohibited mobile-device use (RSA 651:2, II-h), and driving during a reckless driving revocation is a misdemeanor (RSA 263:64, IV).
What is the fine for reckless driving in New Hampshire?
A first offense carries a fine of $500 to $1,000 plus penalty assessment, and a subsequent offense $750 to $1,000 plus penalty assessment (RSA 265:79, I).
Do you lose your license for reckless driving in New Hampshire?
RSA 265:79 and 263:65 require revocation on conviction: 60 days for a first offense and 60 days to one year for a subsequent offense. Since January 1, 2026, driving 100 mph or more brings a 90-day revocation for a first offense.
How fast is reckless driving in New Hampshire?
Since January 1, 2026, driving at 100 mph or greater is a separate violation under RSA 265:79, II, with a minimum fine of $750 and a 90-day revocation for a first offense. Below that, speeding is a violation with a fine schedule under RSA 265:60.
How many points is reckless driving in New Hampshire?
Six demerit points under Saf-C 212.03, the same as racing; negligent driving is 4. A driver 21 or older with 12 points in one calendar year faces suspension of up to 3 months.
What is negligent driving in New Hampshire?
RSA 265:79-b covers driving negligently or in a manner that endangers or is likely to endanger any person or property. It is a violation with a fine of $250 to $500 for a first offense and $500 to $1,000 for a second or subsequent offense.
Does New Hampshire have a wet reckless?
RSA 265:79, I requires a person who pleads guilty to reckless driving in a case originally charged as DWI or aggravated DWI to complete a qualified online victim impact panel, unless the court finds exceptional circumstances. The same rule applies to negligent driving.
Is street racing illegal in New Hampshire?
Yes. RSA 265:75 bars driving or participating in any race, speed contest, drag race or exhibition of speed on a highway; it is a violation with 6 demerit points. Racing on a bet or wager is also a form of reckless driving under RSA 265:79.
What is the penalty for driving without a license in New Hampshire?
Driving without ever having had a license is a class B misdemeanor under RSA 263:1, III, with no jail and a fine up to $1,200. A license expired 12 months or less is a violation for a first offense.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Hampshire Revised Statutes Annotated, TITLE XXI MOTOR VEHICLES, CHAPTER 265 RULES OF THE ROAD
§ 265:79Reckless Driving; Minimum Penalty.In forcecited in 2 of our articles
I. Whoever upon any way drives a vehicle recklessly, or causes a vehicle to be driven recklessly, as defined in RSA 626:2, II(c), or so that the lives or safety of the public shall be endangered, or upon a bet, wager, or race, or who drives a vehicle for the purpose of making a record, and thereby violates any of the provisions of this title or any rules adopted by the director, shall be, notwithstanding the provisions of title LXII, guilty of a violation and fined not less than $500 plus penalty assessment for the first offense and $750 plus penalty assessment for the subsequent offense nor more than $1,000 plus penalty assessment and his or her license or operating privilege shall be revoked for a period of 60 days for the first offense and from 60 days to one year for the subsequent offense. Any person who pleads guilty to an offense under this section that was originally charged with an offense under RSA 265-A:2 or RSA 265-A:3 shall be required to complete a qualified online victim impact panel program, as defined in RSA 265-A:1, VII, unless the court determines that exceptional circumstances exist. II.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Also relied on in: Is Lane Splitting Legal in New Hampshire? (2026 Law)
§ 265:79-bNegligent Driving.In force
Whoever upon any way drives a vehicle negligently or causes a vehicle to be driven negligently, as defined in RSA 626:2, II(d), or in a manner that endangers or is likely to endanger any person or property shall be guilty of a violation and shall be fined not less than $250 nor more than $500 for a first offense and not less than $500 nor more than $1,000 for a second or subsequent offense. Any person who pleads guilty to an offense under this section that was originally charged with an offense under RSA 265-A:2 or RSA 265-A:3 shall be required to complete a qualified online victim impact panel program, as defined in RSA 265-A:1, VII, unless the court determines that exceptional circumstances exist.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 265:75Racing on Highways.In force
I. No person shall drive any vehicle on a highway in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record; and no person shall in any manner participate in any such race, competition, contest, test or exhibition. II. The driving of 2 or more vehicles from a point side-by-side at accelerating speeds in a competitive attempt to outdistance each other, or the driving of one or more vehicles over a common selected course, where the starting and finishing points are the same, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit on a highway is prohibited. III. The use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes on a highway is prohibited. IV. Any person convicted of violating this section shall be guilty of a violation.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
New Hampshire Revised Statutes Annotated, TITLE XXI MOTOR VEHICLES, CHAPTER 263 DRIVERS' LICENSES
§ 263:65Revocation for Reckless Driving.In force
Upon a conviction of a violation of RSA 265:79, the court shall report to the department and shall immediately revoke the license or driving privilege of the person so convicted, or the right of a nonresident so convicted to drive within the state of New Hampshire; and said court in the case of holders of New Hampshire licenses shall return such license with its findings marked thereon, together with the court return, to the department; and the department may revoke the license of any person who shall be convicted of a similar offense by a court of any other state in a criminal proceeding, or who shall be found to have committed a similar act by a court of any other state in a civil proceeding.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 263:56Authority to Suspend or Revoke License.In force
I. In addition to any other authority provided by law, the director is hereby authorized to revoke or suspend any license, permit or certificate issued under this title after a hearing upon a showing by its records or other sufficient evidence that the driver or boat operator: (a) Has committed an offense for which mandatory revocation of license is required upon conviction; (b) Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways; (c) Is an habitually reckless or negligent driver of a motor vehicle, as established by the point system set up pursuant to paragraph II, by a record of accidents, or by other evidence; (d) Is incompetent to drive a motor vehicle by reason of physical or mental impairment; (e) Has fraudulently or unlawfully used, permitted to be used, altered, displayed, or manufactured a license, has in his possession an altered or false license, or has been convicted of any offense specified under RSA 263:12; (f) Has violated his written promise to appear given to an officer upon the…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
New Hampshire Revised Statutes Annotated, TITLE XXI MOTOR VEHICLES, CHAPTER 259 WORDS AND PHRASES DEFINED
§ 259:39Habitual Offender.In force
"Habitual offender" means any resident or nonresident person whose record, as maintained in the office of the division, shows that such person has accumulated convictions in the number provided in paragraph I, II or III of this section for those offenses listed therein and committed within a 5-year period, based on the date of the offense. After a conviction for an offense listed either in paragraph I or in paragraph II and during the 5-year period, if a subsequent single incident results in convictions for more than one offense under the same paragraph, each such conviction may be counted separately for the purpose of certifying a person as an habitual offender. A person who meets the requirements of one of the following three paragraphs shall be certified as an habitual offender: I.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
New Hampshire Revised Statutes Annotated, TITLE LXII CRIMINAL CODE, CHAPTER 651 SENTENCES
§ 651:2Sentences and Limitations.In forcecited in 25 of our articles
I. A person convicted of a felony or a Class A misdemeanor may be sentenced to imprisonment, probation, conditional or unconditional discharge, or a fine. II. If a sentence of imprisonment is imposed, the court shall fix the maximum thereof which is not to exceed: (a) Fifteen years for a class A felony, (b) Seven years for a class B felony, (c) One year for a class A misdemeanor, (d) Life imprisonment for murder in the second degree, and, in the case of a felony only, a minimum which is not to exceed 1/2 of the maximum, or if the maximum is life imprisonment, such minimum term as the court may order. II-a. A person convicted of murder in the first degree shall be sentenced as provided in RSA 630:1-a. II-b. A person convicted of a second or subsequent offense for the felonious use of a firearm, as provided in RSA 650-A:1, shall, in addition to any punishment provided for the underlying felony, be given a minimum mandatory sentence of 3 years imprisonment.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 147 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):State v. Russell (2009) found plain error where the jury was never asked whether the deadly weapon was a firearm, as RSA 651:2, II-g requires, but affirmed the extended term because that evidence was overwhelming. State v. Elbert (1984) held the minimum and maximum term rule of RSA 651:2, II applies only if a defendant is parole eligible.
Opinions citing this section in our collection:
- State v. Kousounadis (Supreme Court of New Hampshire 2009, 159 N.H. 413)“…rder, see RSA 173-B:9, III (2002). He was sentenced under RSA 651:2, II-g (2007). We affirm in part, revers…”
- State v. Russell (Supreme Court of New Hampshire 2009, 159 N.H. 475)✓A jury convicted Russell of armed robbery but was never instructed it had to find the deadly weapon was a firearm; the court called the resulting RSA 651:2, II-g enhanced sentence plain error yet declined to disturb it given overwhelming, undisputed firearm evidence.
- Duquette v. Warden, New Hampshire State Prison (Supreme Court of New Hampshire 2007, 154 N.H. 737)✓A prisoner serving consecutive sexual assault terms argued no statute allowed them; the court found RSA 651:2 silent on consecutive sentences except its firearm provision in II-b, but held trial courts retain common law authority to impose them and rejected a vagueness challenge.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Hampshire Audio Recording Laws, New Hampshire Dashcam Laws, New Hampshire Landlord-Tenant Recording Laws
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Sources and References
- RSA 265:79, Reckless Driving; Minimum Penalty(gc.nh.gov).gov
- RSA 626:2, General Requirements of Culpability(gc.nh.gov).gov
- RSA 265:1, Vehicles on Highways; Exceptions(gc.nh.gov).gov
- RSA 625:9, Classification of Crimes(gc.nh.gov).gov
- RSA 651:2, Sentences and Limitations(gc.nh.gov).gov
- RSA 265:79-a, Vehicular Assault(gc.nh.gov).gov
- RSA 265:60, Basic Rule and Maximum Limits(gc.nh.gov).gov
- RSA 263:65, Revocation for Reckless Driving(gc.nh.gov).gov
- N.H. Admin. Rules Saf-C 200 (Saf-C 204.07, 207.05, 212.02, 212.03)(gc.nh.gov).gov
- RSA 263:56, Authority to Suspend or Revoke License(gc.nh.gov).gov
- RSA 265-A:35, Probationary Licenses(gc.nh.gov).gov
- RSA 263:14, Original and Youth Operators' Licenses(gc.nh.gov).gov
- RSA 259:39, Habitual Offender(gc.nh.gov).gov
- RSA 262:23, Penalty (driving after habitual offender order)(gc.nh.gov).gov
- RSA 259:98-a, Serious Traffic Violation(gc.nh.gov).gov
- 49 C.F.R. 383.51, Disqualification of drivers(www.ecfr.gov).gov
- RSA 265:79-b, Negligent Driving(gc.nh.gov).gov
- RSA 265:75, Racing on Highways(gc.nh.gov).gov
- RSA 265-A:21, Annulment; Plea Bargaining(gc.nh.gov).gov
- RSA 263:1, License Required; Penalty(gc.nh.gov).gov
- RSA 263:64, Driving After Revocation or Suspension(gc.nh.gov).gov
- RSA 265:4, Disobeying an Officer(gc.nh.gov).gov
- RSA 630:3, Negligent Homicide(gc.nh.gov).gov
- RSA 262:19, Habitual offenders: hearing and revocation(gc.nh.gov).gov
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