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New Hampshire allows for aggravated DWI charges to be filed against any person that: Has a blood alcohol level in excess of .16 Has a child under the age of 16 in the car while drunk driving There has been serious bodily injury caused in a DWI accident Being arrested on suspicion of ag...
People who are suffering any kind of illness due to asbestos exposure could have a legal claim for damages. Relatives who have proof that their deceased family member died due to mesothelioma caused by exposure to asbestos could also pursue a claim. Such damages claim could be filed against the...
According to the Consumer Sentinel Databook released by the Federal Trade Commission (FTC) in February 2010, credit card fraud cases make 17% of the total number of reported identity theft incidents in 2009. It is followed by fraud cases involving government documents (16%), bank fraud (10%) and...
This is to help you understand what your attorney will be doing to prepare for trial in more detail, as well as provide you with more insight about what a great DWI attorney looks like. While you are encouraged to continue living your life and going to work, it is inevitable that you will be pre...
The Intoxilyzer 5000 uses infrared energy absorption of alcohol to measure the alcohol concentration of a breath sample. Because different molecules absorb energy at different frequencies, and alcohol molecules absorb certain frequencies of infrared energy, the machine can measure how much alcoh...
The breath test, for many reasons, is the most commonly used test for DWI evidence. It is easily obtained, costs less than other measures, and results can be obtained on the spot. The portable testing equipment that the officers carry is more often used for the preliminary breath test, and ther...
In general, statutes of limitation pertain to the part of criminal law that prevents someone from bringing a legal claim to court because the length of time to do such has expired. In New Hampshire, defendants could face criminal charges for criminal offenses and the statutes of limitation could...
No matter how much work you and your attorney put into your case, and no matter how solid your defense may be, you may still be found guilty. Particularly in our culture right now, there is no other crime that is more disparaged both in the media and in the courtroom. No matter how much prepara...
Refusing to submit to alcohol concentration testing is not without its own set of consequences. Not only will your license be suspended, but some states are beginning to make penalties even more severe by adding fines, suspending your vehicle registration and adding jail time. In California, yo...
Almost as quickly as there were vehicles to contend with, there were laws describing how to handle drinking and driving. Testing for alcohol concentration levels became a sure way for the state to ensure a conviction – it was undeniable proof of being over the statutory alcohol concentration lim...
The DUI Arraignment One of the first court appearances you will make is your arraignment hearing. This usually occurs within a few days of your arrest. At this time, you will be informed of the charges against you and asked to enter a plea of guilty or not guilty. If you plead guilty, your ne...
Regardless of the term used, DWI is considered the most serious driving offense in almost all states. Statistics show that 30% of all traffic fatalities have been caused by drunk driving. For this reason, legislators have introduced serious consequences, such as high fines and imprisonment, to ...
Birth injuries could result from a negligent act of a physician or any medical staff in treating patients during the term of pregnancy or at the time of the delivery. These cases fall under the category of medical malpractice for which the rules vary depending on which state the incident occurre...
In the history of criminal law, embezzlement used to be a crime where defendants easily got away from conviction because of a loophole in the law. Lack of proof for the element of a “trespassory taking” made it difficult for the prosecution to pursue the embezzlement charge. For this reason, le...
What can you expect the length of your Jury trial to be in New Hampshire? Jury trials will often last longer than bench trials; not only is there the time spent on choosing the jury members and conduction voir dire, but instead of presenting the evidence to a judge (who is familiar with the la...
Earlier this month, a New Hampshire DWI arrest was made involving a 52-year old driving a 2001 Ford Windstar van in Merrimack. Anthony Marshburn was charged with a 1st DWI offense, DWI per se, along with an open container violation. He was stopped by Merrimack police due to a yellow line violat...
I want to help you understand, in greater detail, the many nuances of plea bargaining your case rather than facing a criminal trial. This is the first of a 2 part article series explaining the various plea bargains that can be obtained while going through your drunk driving defense case. We will...
In order for an officer to be able to legally detain you or require you to pull over when you are driving, he or she must have “reasonable grounds to believe that you have committed a traffic violation. Once that stop is made, the officer may expand the investigation for DUI. The officer must b...
In a personal injury claim, negligence defenses are used by the defendants as a “blame-shifting” weapon to avoid having to pay for personal injury compensation. These defenses usually highlight the misconduct of the injured that contributed to the cause of the injuries. If successful, the defend...
In the most recent New Hampshire DWI case, a marine has been convicted of aggravated DWI for flipping his truck on the Memorial Bridge in Brentwood in March of 2010. Stephen Bolz, 23, a marine who had been deployed in Iraq for 18 months, has been sentenced to one year in prison for a Class A mis...
On February 1, the New Hampshire House Speaker William O'Brien expressed his support of a bill that would impose capital punishment in cases of murder committed in connection with burglary or home invasion. The act would be named “The Kimberly L. Cates Law” as the legislative response to the bur...
Driving While Intoxicated (DWI) is probably the most frequently committed crime in the United States. Based on a recent report by the National Highway Safety Administration (NHTSA), almost every two minutes someone is due to a DWI accident. The NHTSA also warned that if this trend continues,...
Driving under the influence of alcohol and/or drugs is considered a crime in Manchester, New Hampshire, in the rest of the state and, in fact, anywhere in the U.S. In the majority of states, statutes refer to the offense of driving under the influence (DUI). In Manchester, New Hampshire and else...
Brachial plexus injury is a birth injury that can often be avoided if medical personnel during a woman's labor are on the ball. When such a birth injury occurs to an infant due to an erroneous diagnosis, procedure, or other medical negligence, the term used to describe this negligence is called “...
A former New Hampshire woman recently filed a medical malpractice lawsuit against St. Joseph Hospital and two physicians in Nashua. The suit alleges that after several emergency room visits, the hospital and medical personnel failed to properly diagnose bacterial meningitis and as a result she su...
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