Suspended License in New Hampshire

[cnatola]

I was what I believe to be "wrongfully arrested" on Friday, August 27th. The reason being because I had a "suspeneded license" However, I was never sent any kind of notification from the DMV, stating that they were revocating my license for any period of time. In fact, when I called the DMV, the woman I spoke to told me "The reason you did not know is become the letter had been returned to our office." I double checked my mailing address with her and it was correct. So what I am wondering is that since I, in fact, never received any notice from the DMV, and was unaware that I had a suspended license, can the charges through the court be dropped if the DMV states that the letter was return-serviced to them?

 

[mightymoose]

It depends.

You were not necessarily wrongfully arrested. You WERE driving on a suspended license. Whether or not you were given proper notice is something for the court to decide, not something for the police officer to decide. If the officer had reason to believe you were given notice then the arrest is valid, even if the officer is ultimately wrong.
The laws of your state will dictate whether or not you were given proper notice. The returned letter may be accepted by the court as sufficient attempt to notify, and you may have been considered as notified.
Did you miss any court dates?

Anyway- if you can prove that you did not receive any verbal or written notice then the court may toss the violation this time- but it still does not necessarily mean the arrest was bad.