nh personal injury attorney

DWI Program Cuts Spell Longer Sentences for Multiple Offenders

As a result of seventeen state job cuts in Laconia, some DWI offenders will be spending more time in jail than their judge required.

New Hampshire state laws surrounding DWI offenses are very strict. Individuals convicted of multiple or aggravated DWI charges must serve their sentence within 21 days of conviction.  This type of sentence comes with a contingency that they must serve at least ten days in jail, seven of which must be spent in an intervention program for offenders.

New state budget cuts and resulting job losses, however, have closed the state-run Multiple Offender Program (MOP), based in Laconia, giving convicted individuals no choice but to serve more time in jail or find alternative options.

Privately run intervention programs are certainly available to offenders, but many of these cost more than $1,000 in up-front fees.  This means that individuals who are unable to pay these private costs may have to spend up to 30 days in jail instead.

The Laconia job losses come as a result of statewide budget cuts. Nancy Rollins, the associate commissioner of health and human service, said it was a difficult decision to cut MOP.  To assist individuals, Rollins said the state may offer to pay the up-front costs of private programs and collect the costs from the offenders after the treatment has ended.

No definite plans are in place, however, and Rollins says the state is working hard to find a good working alternative to the previously state-run program.  To assist in this transition, many courts are withholding sentencing.

In 2008 there were 2,732 DWI cases in New Hampshire that involved multiple or aggravated offenses.  Seventy five percent of those cases were handled by MOP.  Now that the program is gone, government officials will be working hard to find feasible alternatives that appease the court as well as maintain an efficient system to handle these DWI cases.

For a video on this news topic, visit http://www.wmur.com/news/21341593/detail.html

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nh personal injury attorney

Texting While Driving – The New DWI?

Over the last year more and more studies have shown that texting while driving can be extremely dangerous.  The visual distractions of text messaging can cause reckless driving and governments are now issuing new laws to target this problem.

In fact, the dangers of texting while driving have become so prevalent, texting laws are fast becoming as strong as DWI/DUI laws.  Many law enforcement officers believe that driving while texting impairs drivers in a way similar to intoxication.

New Hampshire passed a law banning texting while driving back in early August of this year.  While this is not the same as DWIs or DUIs, it’s certainly a wake-up call for people who like to multi-task and text while they drive.  The details of these laws are also different than those for driving under the influence and it’s important to take note of the rules, regulations, and potential consequences of these activities.

According to the NH texting law, any text messaging or typing (including on handheld or computers) while driving is considered a crime.  The law does, however, allow drivers to type names and numbers into their phones to make calls.

So how do the police no the difference?  In the event of an accident or other driving infringement, the officer is allowed to check the phone log provided the driver consents to a search warrant.

The New Hampshire texting law takes effect in January, 2010.

Other states have passed similar measures banning cell phones and texting.

Maine, for example, has just passed a distracted drivers law that covers texting.  Maine’s law brings attention to the level of distraction by making it a traffic infraction and penalizes drivers who cause accidents while distracted.  Although texting has become the  heated issue, the law actually covers any distraction including talking on a cell phone, eating, or any other activity.

There’s a push in Washington to get texting banned nationwide.

Whether it’s talking on the phone, using the internet, texting, or messaging, more and more drivers are attempting to stay connected behind the wheel.  As a result of these distractions, more people are getting into accidents  and states are having to find ways to deal with this new problem.  So, as communication and technology become increasingly more accessible, it’s easy to see how laws are quickly catching up with the growing trend.

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