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Started by JuryRigged, September 09, 2008, 12:25 AM NHFT

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JuryRigged

Not a lot of people have heard about it, but back during Porcfest I was arrested under the charge of driving after suspension.  Short story is South Carolina (my previous state) hadn't received my insurance update and suspended me for not having insurance.

Monday Sept 15 I'll be going to lay out my defense, simply showing that I did have insurance for the time, thus my license shouldn't have been suspended.  I'm not in a position to grovel and pay fees (and wouldn't) nor outright display civil disobedience and deal with potential consequences. 

I just wanted to get the word out that I'll be at the Candia courthouse, Monday Sept 15, 9:30 am (though experience just watching the court activities this last Monday has shown that sometimes the court doesn't actually 'start' until 10:30 or later.)  I'm not planning on any major displays of civil disobedience, all going well, but would appreciate the support of anyone who can make it.  At the very least, if you won't stand, I won't stand.

Any questions can be directed to dvthomasjr@aol.com

David Thomas Jr
Lil Minnesota resident

rmodel65

isnt insurance not mandatory in NH? they ought to throw it out since the suspension was due to lack of coverage in your home state, at least if I was the judge it would be

JuryRigged

Insurance isn't mandatory (though apparently they can order you to have insurance to have a license,) and ultimately I had insurance at the time anyway. 

I've had a lot of people say 'not to worry' and 'it won't be a problem,' but ultimately, they have full discretion to say "We don't care why it was suspended, you were driving after suspension," because that's the 'crime' I'm accused of committing.

hook

You are probably better off arguing that you are not suspended as opposed to arguing why you were allegedly suspended.

The state will base its case on an entry in a database that it is not permitted to use.

http://www.gencourt.state.nh.us/legislation/2007/hb0685.html

That entry lists you as suspended. However before South Carolina may suspend a license it must provide notice and an opportunity to contest the suspension. Failing that there is no suspension.

doobie

Quote from: rmodel65 on September 09, 2008, 03:24 AM NHFT
isnt insurance not mandatory in NH? they ought to throw it out since the suspension was due to lack of coverage in your home state, at least if I was the judge it would be

Insurance isn't mandatory for most people, but I think for some people they require it.  I think it is if you have a certain number of accidents or traffic violations then they require it.  Though I could be wrong.... also if you go into VT or MA you are required to have insurance even if you are a NH resident.