Will Breathalyzer Tests Become the Next Civil Liberties Issue? Part 1

Blood Evidence In a DWI Case Can Be Challenged

If you are arrested for a DWI and a blood test is administered, police officers now have irrefutable evidence that you were driving while intoxicated, right?

Wrong!

NH Motorist Arrested For DWI Probation Violation After Posting On Facebook

In the state of New Hampshire, when a motorist is arrested for, and convicted of, driving while intoxicated (DWI), then there are a number of serious penalties that they must face. One commonly used penalty is probation. An NH DWI offender can be placed on probation for up to 2 years for a misdemeanor conviction. For a felony conviction, the number rises to 5 years. Probation involves the DWI offender being released from jail on the condition that they abide by specific restrictions as established by the court. Common probation terms include:

§  The offender must periodically report to their assigned probation officer.

New Hampshire DWI Affirmative Defenses & Motions to Dismiss

One of the primary goals of an experienced NH DWI lawyer is to avoid having their client’s DWI case ever go to trial. If an acceptable plea bargain cannot be reached with the prosecution, then a DWI attorney’s next step will often be to file a motion to dismiss. In certain scenarios, the proper remedy will be to have the entire charge dismissed.

Here are a few examples of motions to dismiss that a New Hampshire DWI attorney might use:

Is Public Shaming an Effective Method of Preventing Crime?

In the state of New Hampshire and across the country, police agencies have recently started to implement a new initiative to prevent crime: public shaming. In New Hampshire, those who are most commonly targeted for public shaming include defendants who have been convicted of DWIs, theft, and soliciting prostitutes.

It is the hope of law enforcement agencies that public shaming techniques will be effective in lowering the current crime rates, particularly with regards to DWIs and soliciting prostitutes. A nationwide survey of more than 200 different police departments discovered that most police officers believe that the most effective method of curbing prostitution is to target the actual customer. The most effective method of targeting a customer is through their fear of being exposed. The first question a person arrested for soliciting prostitution usually asks is “Will my coworkers find out?” or “Is my wife going to find out?”