Posted by Ryan Russman | Oct 28, 2013 |
Leaving the scene of an accident, aka hit-and-run accidents, is illegal in every state of the union and yet it continues to occur all too frequently. Statistics have shown that most hit-and-run accidents are the result of the offending driver being intoxicated citing their fear of being charged w...
Posted by Ryan Russman | Oct 28, 2013 |
If you suffer whiplash or other injury in a low-impact accident in New Hampshire, chances are your initial insurance claim will be denied.
Insurance companies typically avoid paying claims on low-impact injuries — where the speed at impact was below 15 mph. When an insurance company hears there ...
Posted by Ryan Russman | Oct 28, 2013 |
You have the right to appeal the suspension and try to get your license reinstated. This appeal must be made within 30 days of original date of the license suspension. You must make the request in writing and the request must explain your grounds for the appeal as well as provide a statement of evidence that you wish the administrative board to consider.
Posted by Ryan Russman | Oct 28, 2013 |
Once you have chosen an attorney, be prepared to answer a lot of questions. Your attorney and his staff will need to know every detail about what happened when you were arrested, prior to your arrest, and after you were arrested. They may ask personal questions about your past, as it pertains to your current case. In some instances, they may need to know things in anticipation of what the prosecution will do to try to convict you.
Posted by Ryan Russman | Oct 28, 2013 |
Someday soon, an alcohol detection device may prevent you from starting your car if your Blood Alcohol Content (BAC) registers 0.08 or above.
Posted by Ryan Russman | Oct 28, 2013 |
If you’re been arrested for a DWI, you need to have an adequate defense, which means you need an attorney who is well-versed in New Hampshire DWI law and has experience in DWI defense.
Posted by Ryan Russman | Oct 28, 2013 |
Driving While Intoxicated (DWI) is a widespread problem that resides within the national consciousness. From Lindsay Lohan to former President George W. Bush, no one is immune from the consequences that a DWI conviction.
Posted by Ryan Russman | Oct 28, 2013 |
Being arrested does not mean you have been convicted. You are not a criminal. Even though a DWI conviction can drastically affect your life, your ability to drive, and perhaps your job, being arrested should not have any kind of material affect on your life, and you and your attorney should work hard to minimize any potential affect.
Posted by Ryan Russman | Oct 28, 2013 |
The time you spend in jail is time wasted, because you cannot do anything productive to defend yourself from the inside of a jail cell. As soon as you are able to do so, post bond and get out of jail. The police will have gathered whatever evidence they feel is compelling for your trial; you need to be free to start working on your defense.
Posted by Ryan Russman | Oct 28, 2013 |
Even though you have already been read your Miranda Rights and do have the right to remain silent, you must provide information during the booking process when you are arrested such as your name, address and date of birth.
Posted by Ryan Russman | Oct 28, 2013 |
The first, and most important, thing you can do if you are being arrested or have been arrested for a DWI is to contact an attorney who has a great deal of experience in defending drivers against DWI charges. Your attorney will review the steps the officers took in detaining, testing and arresting you to see if your rights were violated, in which case, the evidence collected may be inadmissible.
Posted by Ryan Russman | Oct 28, 2013 |
If you have been convicted of Driving While Intoxicated (DWI) more than once in New Hampshire, you will be sentenced under very specific state laws requiring mandatory jail time and completion of a Multiple Offender Program (MOP).
Posted by Ryan Russman | Oct 28, 2013 |
Never admit to having used any kind of alcohol or drugs to an officer, regardless of the circumstances of your stop. Always remember that even prior to your arrest and being read your Miranda rights, certain pieces of information will remain admissible as evidence, such as what gave the officer reasonable cause to detain you in the first place.
Posted by Ryan Russman | Oct 28, 2013 |
When you are pulled over for a traffic stop in which an officer suspects any kind of alcohol ingestion, the officer will attempt to engage you in extended conversation. This conversation is not friendly banter, nor is he interested in hearing your answers. The only thing the officer is doing is attempting to measure your impairment and find reasonable cause to detain you further or do more testing.
Posted by Ryan Russman | Oct 28, 2013 |
You left for work at your regular time, thinking about the day ahead. It never occurred to you that you’d never make it there. You got rear-ended by a tailgater when traffic suddenly halted. With a totaled car and you in the hospital, the State Police informed you that the offending party did not carry automobile insurance.
Posted by Ryan Russman | Oct 28, 2013 |
While your implied consent in cooperating with blood, breath and alcohol testing is assumed by the state of New Hampshire, the state also assumes your implied consent in complying with the standard field sobriety tests that police officers have you perform in order to determine whether or not you are impaired by alcohol.
Posted by Ryan Russman | Oct 28, 2013 |
The good news is that statistics on DWI reported by the National Highway Transportation and Safety Administration (NHTSA) for 2007-2008, showed a 9.7% reduction in drunken driving fatalities in the United States. Early reports for 2009-2010 look more promising.
Posted by Ryan Russman | Oct 28, 2013 |
Since New Hampshire’s laws assume that you automatically give consent to test for alcohol under the implied consent rule, if you are injured or incapacitated in any way and thus incapable of refusing to take an alcohol concentration test, you have not waived your permission to be tested.
Posted by Ryan Russman | Oct 28, 2013 |
Recently, Dartmouth College settled a wrongful death lawsuit with the parents of a student who was killed while skiing to fulfill a course requirement. In another instance, a New Hampshire widow won a wrongful death a suit when her husband fell overboard on a commercial boat that was hosting a Halloween party and drowned.
Posted by Ryan Russman | Oct 28, 2013 |
If you drive in New Hampshire, whether or not you are licensed to drive by the state of New Hampshire, you have agreed that you will willingly comply with alcohol concentration tests, whether the request is for breath, blood or urine testing.
Posted by Ryan Russman | Oct 28, 2013 |
There are certain behaviors that officers look for when they study people driving that give clues about whether or not the driver is impaired. Driving with your face too close to the windshield, staring forward or putting your head out the window, will raise concern with police.
Posted by Ryan Russman | Oct 28, 2013 |
In a clear case of domestic violence in New Hampshire last year, a man strangled his wife, rendering her almost unconscious. She went to the hospital and her husband went to jail.
Posted by Ryan Russman | Oct 28, 2013 |
If you are arrested, you must do everything you can to protect your rights. Any attempt you make to explain the situation, and anything you do that can later become part of the testimony used to convict you, will only make your case more difficult to defend. The United States Constitution guarantees you the right to be free from self-incrimination. That is why, when the police officer arrests you, they tell you that you have the right to remain silent. Exercise that right!
Posted by Ryan Russman | Oct 28, 2013 |
If a police officer directs you to pull over by either activating his emergency lights or motioning to you, you must follow his directions. However, if an officer is simply following you, you do not have to pull over. It is not against the law to share road space with a police car.
Posted by Ryan Russman | Oct 28, 2013 |
To be charged with aggravated DWI, you must be traveling more than 30 miles per hour faster than the posted speed limit, cause an accident resulting in bodily injury, attempt to elude police, have a BAC of greater than 0.16, or have a minor under the age of 16 in the vehicle with you.