Methuen Fire Lieutenant Pleads Guilty to DWI, Possession of Pot

DWI charges are serious criminal offenses. Certain professionals can lose their job if they are found guilty or plea guilty. Don't plead guilty without speaking with a DWI lawyer. Some lawyers just plead pretty much every case. Other lawyers are willing to fight the charge and go to trial to get a not guilty verdict. The right lawyer can help you remain not guilty.

Actress’s “Graciousness” Could Harm Her Defense

When famous actress Reese Witherspoon and her husband, Jim Toth, were arrested in April 2013 in Atlanta, Georgia, it made national headlines. Witherspoon has spoken out frankly and honestly about the events of that night on various national media outlets; however, as any experienced New Hampshire DWI lawyer knows, her statements could cause serious harm to her criminal proceedings if she decided to challenge those charges in a court of law.

At the time of the arrest, Witherspoon was in Atlanta shooting scenes for the movie “The Good Lie”. Jim Toth was operating the vehicle the couple was riding in, and he was initially pulled over by law enforcement for driving in the wrong lane. He was subsequently arrested on charges of driving while intoxicated, and Witherspoon was arrested for disorderly conduct after becoming involved in a verbal altercation with the arresting officer.

New Hampshire does not presently have any hardship/work license if you are found guilty of DWI. With the passage of this new bill, that may change.

http://www.eagletribune.com/latestnews/x207076792/N-H-considers-letting-first-time-DWI-offenders-stay-on-road

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State lawmakers will consider giving judges the discretion to allow first-time offenders to stay on the road, providing they can prove a need to drive and use vehicle ignition systems that test their sobriety.

It would limit driving to keeping or getting a job, attending treatment programs, receiving medical care or taking a member of their immediate family for health-care appointments.

http://www.thestreet.com/story/12119523/11/the-drunkest-states-in-america-2013-vintage.html

"New Hampshire, you salty dog; we never would have guessed. Quite the surprise. Or is it?

Well, considering the state enacts no sales tax on alcohol purchases, we can see why its residents (and bordering Massachusetts, Maine and Vermont residents too) are more free to spend, drink and be merry. At a wholesale level, retailers pay 30 cents a gallon on beer, and $2 a gallon for wine and spirits. Cheap! The next round is on us, OK?

Cheers, New Hampshire. You'll be hosting the next rager, we're sure.

In yet another scandal involving lab personnel, almost 3000 DWI cases are at risk to mishandled evidence.

http://www.knoxnews.com/news/2013/oct/30/almost-3000-tennessee-dui-cases-jeopardy-after-tbi/

"DUI results from across Tennessee may be in jeopardy after the firing a Tennessee Bureau of Investigation employee for mishandling evidence.

The Chattanooga Times Free Press reported (http://bit.ly/1aT6bIv) that former Special Agent Kyle Bayer handed 2,800 cases before being dismissed Monday after an internal review revealed he mistakenly switched two blood alcohol samples in a vehicular homicide case in Hamilton County."

If you gave a blood test, the lab saves a sample for 30 days. You must act right away to tell them to save the sample so that you can get it independently tested. Don't just rely on the State's crime lab to tell you what your blood alcohol concentration was.

The Most Responsible Drinkers Can Be Found In the State of New Hampshire

More than a few eyebrows will be raised in surprise when people learn that individuals who consume alcoholic beverages in New Hampshire engage in more responsible behaviors than alcoholic drinkers in other states.

Research scientists from the National Highway Traffic Safety Administration collected data from multiple sources, including the Federal Highway Administration and the National Institute on Alcohol Abuse and Alcoholism, to gauge which states possess the highest rates of alcohol consumption, as well as the highest rates of automobile accidents. It would be reasonable to assume that the states possessing the highest rates of alcohol consumption would also feature the most deadly, alcohol linked fatalities, but this does not appear to be true.

What Kind of Lawyer Do I Need For My DWI Case?

First and foremost, you must be aware that, even if the circumstances of your case appear hopeless to you, this does not mean that you cannot successfully defend yourself against a New Hampshire DWI charge, particularly if you are represented by an experienced and knowledgeable Nashua New Hampshire DWI lawyer. The State of New Hampshire is tasked with the burden of proving each, single element of the charge against you beyond a reasonable doubt. A skilled DWI attorney can often uncover methods of preventing the prosecution from meeting this burden of obligation.

Issues of constitutionality can often be raised that may prevent the state from introducing the evidence that would be required to convict you. For example, law enforcement officials may not have followed federal or state regulations or statutes. If the prosecution’s case is sufficiently weakened, then they will be unable to prove your guilt.

New Hampshire DWI Information: Your Legal Rights

Even if you are arrested for a DWI in the state of New Hampshire, New Hampshire’s state constitution, the Constitution of the United States, and New Hampshire case, administrative, and statutory laws ensure you are entitled to a variety of legal rights. The legal rights listed below are critical to you and your DWI defense:

§  Most importantly, you are entitled to the right to counsel (if you cannot afford one you can apply for a public defender for any Class A misdemeanors or felonies), which is the legal right to be represented by a DWI lawyer.

A Guide For Out of State Residents Who Receive a New Hampshire DWI

If you were arrested for and charged with a DWI in the state of New Hampshire, then the process of administrative license suspension must be addressed in front of New Hampshire’s own Department of Safety, in addition to the DWI criminal charge, which will be heard in front of a New Hampshire court. Moreover, be aware that there is a strong possibility that your driving privileges will be suspended, as well as other sanctions and penalties, within your home state. New Hampshire is an active participant in the Interstate Motor Vehicle Compact, and DWI convictions are reported to sister states.

This compact, or agreement, requires a motorist’s home state to act as though a New Hampshire DWI conviction occurred on the state’s own soil. Typically, the loss of driving privileges in New Hampshire would also be applied to the motorist’s home state.

A Breakdown of How Demerit Points Will Affect Your New Hampshire Driver’s License

A motorist who is cited for any traffic offense in the state of New Hampshire will almost certainly face the possibility of having demerit points added to their driver’s license. In New Hampshire, the demerit point system assigns differing numbers of points for various types of traffic related offenses. If you receive 12 points added to your license, then this can result in a 3 month suspension of your license and driving privileges. Minor traffic offenses, like improper passing of another vehicle, will usually generate less than 6 points, which is not enough to warrant a suspension; however, major traffic offenses, like a DWI conviction, will constitute an automatic suspension.

Any New Hampshire motorist who is the recipient of demerit points on their driver’s license is allowed to contest the citation in order to have these points removed. In New Hampshire, such hearings are classified as administrative hearings by the NH Department of Motor Vehicles (DMV). If you were arrested for a DWI and were issued a total of 6 demerit points, then you could have your license suspended for three months. However, if you take quick, decisive action, then you can engage the services of an experienced NH DWI lawyer from our law firm to defend your legal rights at your upcoming administrative hearing. Your attorney’s goal at this hearing will be to question the evidence against you in order to have the administrative penalties significantly reduced, if not dismissed altogether.

Attorney Dan Hynes 1-855-NHDWIGUY

You may have heard one of our radio ads and are looking for help with a DWI charge in New Hampshire. Take a look at our website and give us a call 24/7 at: 1-855-NHDWIGUY to set-up a consultation. Our team of DWI lawyers have offices in Manchester, Portsmouth, Concord, and Hudson.

Attorney Dan Hynes the New Hampshire DWI GUY is the author of nationally known books on DWI defense. Dan Hynes probably has more DWI training than the police officer who arrested you. Besides being certified to administer field sobriety tests, his training includes being a field sobriety test instructor. He is the only lawyer in the entire State of New Hampshire who only represents clients charged with DWI. Don't settle for a part time DWI lawyer. DUI Defense is all Attorney Hynes does.

Attorney Hynes has helped hundreds of people charged with DWI in New Hampshire and can help you as well. See some of our past victories and testimonials to hear about our success. From first offense, to felony DWI, odds are pretty good he has helped someone with a case similar to yours.

With so much at stake you need someone who understands all of the defenses you have to maximize your chance of getting the DWI dismissed, reduced, or having the penalties and consequences minimized. The N.H. DWI Guy's training, experience, and knowledge will help you get the best results possible. Attorney Hynes gets more DWI charges dismissed in a year than most lawyers do in their entire career. Get the help you deserve. Call us to discuss your best defenses.

"Sentenced in an Ohio court today Matthew cordial admitted to killing 61 year old Vincent and sunny in a fatal accident in June. He then confessed on line in a video. That went viral that video posted at September."

http://abcnews.go.com/US/video/youtube-dui-confessor-matthew-cordle-sentenced-65-years-20657172?goback=.gde_106893_member_5799216863615410177#.Umlsw6R_KrA.linkedin

If you have committed a crime, the first thing you should do is contact a criminal defense lawyer, not post it to social media sites like youtube and facebook.

http://shine.yahoo.com/shine-food/5-facts-drinking-just-not-true-145600285.html

"Beer Before Liquor, Never Been Sicker'

We left it to MythBusters rather than doing our own hands-on research and they reported that, "If you knock back the same alcohol content by chugging brewskies as you would switching between beer and liquor, you'll be at risk for the same aftereffects: dehydration, memory loss, nausea, and sensitivity to light and sound - in other words, a hangover."

Vomiting Helps to Sober You Up

 "Health Guidance reported that vomiting does expel the alcohol that is in your stomach and will stop it from further entering your blood stream, but the part of the vomiting myth that isn't true is that it will sober you up. The alcohol that is already in your blood stream needs to metabolize, which means that you might not continue to get drunker but you will in fact remain drunk until your body has completely processed all the alcohol in your bloodstream. "
 

 Drinking Lighter-Colored Alcoholic Drinks Will Prevent a Hangover

 "Drinking lighter-colored drinks like vodka and gin won't necessarily prevent a hangover the next morning, but it may help. The Mayo Clinic reported that congeners, products of alcohol fermentation and one cause of a hangover, are more prevalent in dark liquors such as brandy, whiskey, darker beer, and red wine than they are in clear liquors such as vodka, gin, and lighter beers.

Alcohol Kills Brain Cells

 "The New York Times reported that former researcher at the State University of New York at Buffalo Dr. Roberta J. Pentney found that "alcohol disrupts brain function in adults by damaging message-carrying dendrites on neurons in the cerebellum, a structure involved in learning and motor coordination. This reduces communication between neurons, alters their structure, and causes some of the impairment associated with intoxication. It does not kill off entire cells, however."

 Dark Beer is Higher in Alcohol Content

http://screen.yahoo.com/popular/north-andover-high-punishes-teen-232600215.html

"Erin received a call from a friend at a party who was too drunk to drive. Erin drove to a neighboring town after work to pick up her friend. Moments after she arrived, the cops arrived too and busted several kids for underage possession of alcohol. A high school honor student, Erin was cleared by police, who agreed she had not been drinking and was not in possession of alcohol. But her high school told Erin she was in violation of the district’s zero tolerance policy against alcohol and drug use."

http://www.nydailynews.com/news/national/drunk-logic-sober-teen-suspended-driving-friend-home-party-article-1.1486179#ixzz2hpZcirRA

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“But I wasn’t drinking,” she told the Herald. “And I felt like going to get her was the right thing to do.”

Challenging the Validity of the Walk and Turn Test

An increasing number of DWI lawyers across the country are beginning to question the validity of field sobriety tests. It is difficult to determine whether or not these tests are designed to genuinely gauge a motorist’s level of impairment or whether he or she cannot multitask or are poorly coordinated. The walk and turn test is an excellent example of a questionable field sobriety test.

Taken directly from their website, this is how the National Highway Traffic and Safety Administration defines and describes the walk and turn test:

Challenging the Validity of the One Leg Stand Test

When it comes to field sobriety tests, the one leg stand test is a staple element. Here is how this test is defined by the National Highway Traffic and Safety Administration:

“The Walk-and-Turn test and One-Leg Stand test are “divided attention” tests that are easily performed by most unimpaired people. They require a suspect to listen to and follow instructions while performing simple physical movements. Impaired persons have difficulty with tasks requiring their attention to be divided between simple mental and physical exercises.”

Can Examining BAC Test Codes Overturn New Hampshire DWI Convictions?

The New Hampshire legal system is created to protect the legal rights of individuals who have been accused of a crime, regardless of what the charges might be. One of the most valuable rights is the opportunity to inspect the evidence against a defendant and to create a defense that is centered on challenging that evidence. In cases involving DWI charges, this generally involves a DWI lawyer and their client challenging the results of field sobriety tests, breathalyzer tests, and blood tests. Often times, these test results will comprise the core evidence in fighting against a New Hampshire DWI charge.

If the accuracy of these tests is uncertain then the court is generally required to render a not guilty verdict, because reasonable doubts exist.

Actual Consequences vs. Collateral Consequences For a New Hampshire DWI Conviction

In the state of New Hampshire, a DWI conviction can have serious ramifications in multiple areas of your life. Actual consequences are defined as the actual penalties that are handed out by the NH court system. Collateral consequences are the various negative effects that a conviction can produce on your personal, financial, and professional life. The court system is required to explain the actual consequences of a conviction to a defendant, but they are under no obligation to explain the collateral consequences, which can continue for quite some time.

Drunk Driving Laws In New Hampshire

A DWI Charge Is Often Accompanied By Other Charges

New Hampshire DWI cases are rarely as straightforward as they might seem. Frequently, a simple DWI charge is often accompanied by a slew of other criminal charges. In January of 2013, the state of New Hampshire enacted new legislation to crack down on motorists who drive while impaired. Consequently, police officers have begun to tack additional charges onto a standard DWI charge – whether or not these additional charges are warranted.

On September 25^th, 2013, a Vermont man, Luke Theriault, was accused of driving drunk in Hanover, New Hampshire. After his early morning arrest, Mr. Theriault was formally charged with driving while intoxicated (DWI), driving on a suspended license, reckless operation of a motor vehicle, disobeying a law enforcement official, resisting arrest, a yellow line violation, and conduct after an accident.

If you have been arrested for DUI in New Hampshire, contact an experienced DUI Attorney who is well versed in all the laws relating to DUI cases and knows how to present the facts to the court to get the charges against you dropped.

If you are pulled over on the suspicion of drunk driving, the police officer will generally administer you a breath analyzer test. If you have been consuming alcohol at a party or club, chances are it will impair your driving abilities. Do not drink and drive. If you drink and drive you are endangering your life as well as the lives of others on the road. If your blood alcohol concentration is 0.08% or more, you will be charged with DUI. The police will inform you that they have sufficient evidence against you in the form of the breath analyzer results. An experienced DUI attorney can challenge the results of the breath analyzer test. While you can refuse a field sobriety test, you cannot refuse the breath analyzer test.

Your DUI Attorney will review the maintenance record of the breath analyzer. General wear and tear will take its toll on any machinery. The police department must maintain the breath analyzer according to the manufacturer’s guidelines. If the maintenance is not according to the manufacturer’s guidelines, it will affect the results. The breath analyzer must be property calibrated according to the manufacturer’s instructions. The operating instructions must be strictly followed. Any deviation from the manufacturer’s standard operating procedure will show a wring result.