115 N.H. 720 | N.H. | 1975
On September 3, 1974, the defendant, a New
Hampshire resident since 1968, was convicted in the Gorham District Court of operating a car without a license to drive in violation of RSA 261:13; cf. RSA 261:19. On appeal to the superior court, he was again convicted in a jury-waived trial de novo. The Trial Court (Bois, J.) reserved and transferred the defendant’s exceptions.
The defendant claims that the provision of RSA 261:1 requiring surrender of all valid operator’s licenses issued by other jurisdictions as a prerequisite to the issuance of a New Hampshire driver’s license is violative of the due process clause of the fourteenth amendment. We have considered the constitutional issue raised because the defendant appears pro se, although a constitutional attack on a statute is not properly made in this context. See Bryson v. United States, 396 U.S. 64 (1969); United States v. Knox, 396 U.S. 77 (1969). This is not to be considered a precedent for future cases.
Defendant argues that retention of his Massachusetts license would permit him to drive at an age when he could no longer pass a driver’s test or a New Hampshire reexamination mandated at age seventy-five by RSA 261:3-a (Supp. 1975). A person who is or becomes incompetent to drive has no constitutional right to obtain or retain a driver’s license. 7 Am. Jur. 2d Automobiles and Highway Traffic § 106 (1963); Annot., 38 A.L.R.3d 452 (1971).
Exceptions overruled.