Bragg v. Director, New Hampshire Division of Motor Vehicles

I concur in the result reached by the majority in this case. I write specially because even if the administrative procedures provided under RSA 265:91-b (1993) (amended 1995) are sufficient to satisfy the requirements of due process, as the majority holds, I believe that the delay in scheduling the plaintiff’s record review violates the statutory mandate that such review occur “[a]t the earliest practical time.” RSA 263:75, II (Supp. 1996).

On May 25, 1995, the plaintiff filed a timely petition for review of the administrative decision sustaining his license suspension. See RSA 263:75, I…