1. (a) A sworn report may be withdrawn by the law enforcement agency on the following conditions:

   1. (1) In conjunction with a plea of guilty or nolo contendere to a violation resulting in a conviction of RSA 265-A:2 or RSA 265-A:3;
   2. (2) In conjunction with a plea of guilty or nolo contendere to a violation resulting in a conviction of RSA 630:2 or RSA 630:3; or
   3. (3) The law enforcement agency has made an error of law.
2. (b) Unless the law enforcement agency has made an error of law, withdrawal of the sworn report shall only be effective upon the acceptance by the circuit or superior court of a plea, as set forth in Saf-C 2803.07(a)(1) or (2).
3. (c) Withdrawal of a sworn report shall not affect the applicability of RSA 265-A:32 and suspensions based on a sworn report alleging a refusal of implied consent shall be given the effect required by RSA 265-A:14.

4. (d) All requests for withdrawals submitted pursuant to this rule shall be submitted by one of the following means:

   1. (1) By first class mail, postage pre-paid, in writing to:

      Department of Safety

      Bureau of Hearings

      33 Hazen Drive

      Concord, NH 03305

   2. (2) By facsimile at (603) 271-6653; or
   3. (3) E-mail at safety-hearings@dos.nh.gov.
5. (e) For the purposes of (a)(3) above, the factual or legal basis for the allegation of error of law shall be reviewed and approved by a hearings examiner or the sworn report shall not be approved for withdrawal.

Source. #6716, INTERIM, eff 4-1-98, EXPIRES: 7-30-98; ss by #6824, eff 7-28-98; ss by #8376, eff 6-20-05; ss by #8782-A, eff 1-1-07; ss by #10888, eff 7-16-15