Cinderella License Starts January 1, 2016.
Some of the most common questions that people facing a DWI ask are: “how will I get to work?” “does NH have a ‘work permit’ or ‘Cinderella
license’?” The answer for as long as I have practiced DWI law, over 20
years, was simply there is no provision for work or a so called ‘Cinderella
License’. Even now the NH DMV still says no Cinderella License , however, Starting January 1, 2016 there will be some help for NH drivers facing a DWI 1st offense.
NH citizens are often faced with limited mass transit and long commutes to work or school or helping sick family members. I represent citizens accused of DWI in Northern NH where there are even longer distances and fewer public transportation options. People charged with a DWI 1st have been forced to come up with alternative ways to get to work or school or face the consequences of Operating After Suspension.
Finally, common sense has prevailed on our legislature and they have passed a Restricted License law for first time DWI offenders. This means that a first time DWI offender will be allowed to drive to work, school, and medical appointments provided they meet the criteria.
The new law RSA 263:57-b and can be found here: Restricted License
Starting January 1, 2016 NH DWI first time offenders may petition the Court to approve a restricted license after serving a 45 day suspension as long as they meet the following:
(a) That the person must operate a motor vehicle as a requisite of the person’s occupation or employment.
(b) That the person must operate a motor vehicle to seek employment or to get to and from a place of employment.
(c) That the person must operate a motor vehicle to get to or from an alcohol or drug treatment or rehabilitation program.
(d) That the person or a member of the person’s immediate family
requires medical treatment on a regular basis and the person must
operate a motor vehicle in order that the treatment may be obtained.
(e) That the person must operate a motor vehicle to continue his or her education.
(f) That the person must operate a motor vehicle to attend job training.
person must pay a fee and install an ignition interlock device on any
cars registered to them, or used by them on a regular basis, for the
remaining term of suspension. If you are currently facing a DWI 1st and want to avail yourself of this restricted license you can petition the court for a restricted license now.
In addition to the court approving the petition you will need to serve 45 days of the suspension, strictly comply with the travel times, places and days ordered, have an installed enhanced ignition interlock device, provide a copy of the Court order to the local police and have a copy in your vehicle.
There are many steps involved in getting approved and complying with the restricted license law. There are also lots of issues that are unresolved with this new law. If you are facing a DWI and looking to benefit from this law you need to contact an attorney that is familiar with the law and is able to solve problems with the DMV and the Courts. Attorney Harden has a long standing good relationship with representatives at the NH DMV, knows all the people to navigate the bureaucracy and has the experience to get you driving as soon as possible.
If you are charged with a DWI in Grafton, Coos or Carroll County contact attorney Len Harden. He will help get you driving again as soon as possible.