Q: What actions do I take? MOTION? To Vacate, for Dismissal, A Continuance... and to which relevant reasoning, under each?
My fiance was charged and arrested for Reckless Conduct-Deadly Weapon, his motorcycle. He missed the hearing on June 6th and when he was arrested for the non appearance, they set bail conditions and supervision check ins but never issued another date to answer to the claims and allegations of Reckless conduct. As of right now there is no hearing date scheduled or court dates scheduled to answer to these allegations. HOWEVER, There is a DMV hearing scheduled for tomorrow, Hearing Type: Incompetency/Improper Driving-No Suspension. Attached with a notification of this hearing, came the probable cause affidavit written by the officer on the scene the day the incident occurred, which was also the affidavit that originated his arrest warrant for this charge. Considering there's no criminal charges pending within the court system any longer which I'm not sure why or where that went... what grounds does the DMV have here? Can they pull his license? Also, all documentation has Troy's DOB wrong.
A: The Court and the NH DMVar e completely separate entities. NH DMV has statutory authorities and administative rules that control. The hearing at the DMV does not require nor depend on a criminal case.
It also seems like the court cleared the default and a new date will be set.
It is very importanant to contact to a criminal defense attorney and follow that attorney's advise. If the hearing is tomorrow, it is doubly important that Troy not make any statements that could incriminate him.
Yes the DMV can pull a license. The DMV cannot put a person in jail or impact a person's liberty interest.
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