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I have a bench warrant in new hampshire for failure to appear. i live in washington and cant get a drivers license b/c of it

Merrimack, NH |
Filed under: Misdemeanor crime

2006 original charge is misdemeanor disorderly conduct
do i have to fly to nh?

Attorney Answers 2

  1. Try calling an attorney in NH first. There may be enforcemnet / speedy trial issues.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

  2. If you failed to appear for your court date in NH, a bench warrant is issued and your default is reported to the NH Department of Safety Division of Motor Vehicles (DMV).

    The DMV then suspends your driver's license or driving privileges and you cannot reinstate your driver's license or driving privileges unless your resolve the bench warrant in the court in which you failed to appear. The NH DMV participates in the National Driver Registry which would flag your NH suspension in your home state of Washington and prohibit you from obtaining your license or renewing your license there.

    In NH, the only way to resolve a bench warrant for a failure to appear is to personally appear in that court, pay the default fee and the court will remove the bench warrant. Then you can travel to the DMV in Concord, NH and pay the reinstatement fee when you provide the DMV clerk with proof from the court that the bench warrant and default were removed. You would still have to return to court to resolve the case unless you resolve the case the day that you surrender.

    You could potentially retain an attorney in NH to assist you in removing the default and vacating the bench warrant but you would still have to appear at some point in court to resolve the case. I suggest that you retain a NH attorney to help you in this case.

    Your right to a speedy trial does not apply if you failed to appear in court and never took the appropriate steps to resolve this issue.

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