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What to Expect In Your Drunk Driving Defense Case

NH Drunk Driving Defense LawyerThis 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 preoccupied with your case.

You will also be required to meet with your attorney and cooperate with him or her as he or she investigates your case and tries to find ways to defend you from the charges.

Building Your NH DWI Defense

There is a lot of work your attorney does before going to court for you, and you have to place a lot of trust into the attorney you hire

While you may spend several hours with your attorney, there are many more hours of work happening that you will not see.

Some of it is work he does that applies to all DWI cases, like being trained to be certified in field sobriety testing and breath alcohol concentration testing, so that he can have expert insight into what the protocols are that he will be defending you from.

Your attorney will also be busy reading through all of the state’s documents as well as requesting information through discovery that will help him or her build your defense.

Your attorney will file all of your motions in court and will take care of all of the paperwork.

A good DWI attorney has a very good professional network in his community, and is respected by other attorneys, judges and prosecutors.

You will know of everything your attorney is doing through monthly statements and copies of letters and court documents that are sent to you.

Private Investigators to Assist in Your Defense

A good attorney will know when to seek the assistance of a private investigator.  Whether your attorney has an investigator on staff or merely has a great working relationship with a private investigator, trust your attorney if he recommends hiring an investigator, even if this means additional expense.

Often the investigator has experience working as a police officer or in some other related field and is being hired for his ability to analyze what happened at an accident or crime scene or be able to research the backgrounds of the people being called to testify against you.

Connect With Your Criminal Defense Lawyer

Make sure you hire a DWI attorney who will not leave you feeling as though your outcome might have been different if someone else had handled the case.

At the same time, you cannot expect your attorney to be a miracle worker. However, you should expect your attorney to behave professionally and to communicate with you effectively.

You should be comforted if you go into the courtroom and your attorney appears to be well-known and respected by the judge and prosecutors.

While this does not mean your attorney will do anything unethical on your behalf or be able to convince the judge or prosecutor to drop your charges just based on his relationships, it does mean that the judge and prosecutor will respect your attorney and listen if he has valid concerns about the legality or constitutionality of your case.

You should never expect (and definitely do not ask) your attorney to do anything unethical in order to help your case.

You may feel desperate and willing to do anything, and that is completely understandable, but acting on those feelings would be dangerous and damaging to your case and to your relationship with your attorney and could result in criminal charges.

Pleadings Filed in Your Drunk Driving Case

If you have a thorough attorney, he will spend time getting to know all of the details of your case.

An experienced DWI attorney will file various “pleadings” – tools used to obtain needed information for your defense – with the court.  Your attorney will copy the prosecutor on any action he takes with the court; the prosecutor has the right to challenge or respond to the pleadings.

The pleadings must be made within a specified time frame and need to be very specific.  Again, it becomes critical that you have a very experienced DWI attorney by your side.  Any filing that your attorney makes will be based on the facts of your case in regards to legal and constitutional proceedings.

The arguments he or she makes will be supported by the research your attorney has done on previous case law or how the law could or should be interpreted by the courts given the intentions of the legislature.

Your attorney will not attempt to cover every single possibility, but instead he or she will choose the most likely arguments that will either reduce or dismiss your charges (or reduce your sentence).

Filing frivolous motions and arguing claims that cannot be substantiated with case law and statute will only make your attorney seem unprofessional and may anger the judge and prosecutor, making it difficult to work out any kind of agreement later should the need arise.

While in most cases the prosecutor and the officers involved in your case will comply with your attorney’s requests for information outside of court, you will occasionally find less cooperative people, and your experienced DWI attorney will know how to handle their lack of cooperation by filing the proper motions with the court.

Bringing in the Experts

It is not uncommon for your attorney to decide to hire an expert to testify at your hearing if the attorney thinks that it is necessary.

In some cases, expert testimony can help sway the jury in your favor by making it impossible for them to dismiss the possibility of error, particularly in the case of alcohol concentration test results and field sobriety tests.

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Benefits of Hiring a New Hampshire DWI Attorney

NH DWI Lawyer BenefitsNo 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 preparation you are doing to present an impeccable defense, you need to also be prepared for the possibility of a guilty verdict.

Your attorney will not make you any promises or lead you to believe that your acquittal is guaranteed.

By the time you come to trial, you should have your affairs in order and be prepared for the possibility that you will be going to jail (if it is an aggravated DWI) and/or facing fines, license suspensions, and a criminal record.

You should work to ensure that your family is minimally impacted financially and emotionally.

You should talk to your boss at work to determine what his or her expectations are and whether or not you will be able to keep your position.

If you are going to appeal the verdict, it is possible to get your sentencing postponed until after the appeal, especially in misdemeanor cases, although there is generally no stay (delay of imposing) the license suspension.

You would be required to post an appeal bond to postpone the sentencing.  Prepare, however, for the “worst-case” scenario by preparing your spouse, children and parents.

Most importantly, mentally prepare yourself to accept whatever happens with calmness and dignity.

NH DWI Lawyer with Specialized Training and Expertise

If your DWI attorney is experienced, professional and polished, his performance in the courtroom may seem effortless.

Unless you have the chance to see a not-so-polished attorney at work, you may not realize the benefit you have, but the years of experience, training, and relationship building that your attorney has done pay off.

Perhaps it is the officer who pushes the prosecutor to accept a deal because he knows your attorney can tear him apart on cross-examination.

Perhaps it is the judge who knows from years of experience that your attorney presents solid, well-researched motions.

Either way, the years your New Hampshire attorney has spent developing his law practice directly benefit you and your case.

Be Realistic During Your Drunk Driving Defense Case

DWI attorneys are not magicians.

They cannot magically erase evidence nor can they make the events that precipitated your arrest go away.

What they can do is bring your case out in the best light possible, and exclude and discredit as much evidence as possible.

It is up to you to recognize that your case may have certain problems, and to realize that your flexibility will be one of the keys to a successful outcome.

You must understand that the court system is set up in such a way that the defense attorney does not control everything.

Your attorney cannot control the timing on certain hearings, nor can he or she control what order your case is heard.

In addition, only you know how much you can afford to fight, how realistic it is that you will be able to completely beat the charges.

If your attorney goes over everything with you and determines that you might be further ahead to plea bargain, it is worth listening to his or her reasoning.

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Recent New Hampshire DWI Arrests

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 violation.

While being questioned, the police noticed the distinct odor of alcohol on his breath and an indication of impairment in his behavior. After a brief investigation, Marshburn was arrested and brought to the Merrimack Police Department for further questioning. He was released after paying the personal recognizance bail of $1,500. His court date is set on March 29.

DWI Charge for Hitting Utility Pole

In another recent New Hampshire DWI case, 41-year old Joseph Richards from Milton was arrested after hitting a utility pole on Milton Road, near Flat Rock Road. Police reported that the accident caused power outage in the area which lasted for more than three hours. Also, Milton Road had to be shut down while the pole was being repaired. Upon payment of the bail, Richards was released. He is expected to appear in the Rochester District Court on March 14.

Wrong-way Driver Charged for DWI

In Epping, another arrest was made involving a driver who took the wrong way on Route 101. According to police reports, the driver of 2002 Dodge Caravan was headed west in the eastbound lanes of Route 101. After getting caught in the area of Exit 7, the driver was arrested and charged with DWI, reckless conduct and driving after suspension. The owner of the vehicle, who was in the car at the time of the accident, was also charged with reckless conduct because of her disorderly behavior during the arrest.

DWI Attorney — Inevitable for a Good Defense

In cases where there is strong evidence against the defendant, it is important to hire a lawyer to prepare the defense, who will conduct his own investigation and gather evidence that will weaken the arguments for the drunk driving offense.

The DWI attorney representing the defendant needs to present proof that will cast doubt on the evidence collected by the enforcement officers.

He could argue with the so-called “mistake of fact.” This defense strategy focuses on possible errors on the side of the investigating officers.

Another option for the defense is the argument of “involuntary intoxication,” which pertains to the lack of intent on the side of the defendant. Even if the defendant could not be discharged from all charges, a well-prepared defense could at least lessen the sentence.

In New Hampshire, DWI cases usually lead to the conviction of the driver. For this reason, defendants often seek the legal assistance of a New Hampshire attorney to avoid imprisonment and high fines.

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Case Study 3

Case 3

Michael M. was charged with Aggravated DWI. He crashed his car and flipped over. The police arrived on the scene and had him perform a battery of field sobriety tests. The officer determined that the observations on the HGN, Walk and Turn and One Leg Stand test indicated he was impaired. He was subsequently arrested and took a blood test that revealed a .17 Blood Alcohol Level.

At the DMV hearing, I was able to exclude the .17 result as the State had failed to provide the sample to him within the statutory time frame and they had failed to preserve the second sample. I made a motion to exclude the blood test and the Court threw out the result. After the State rested I moved to dismiss, stating that the State had failed to prove that the observations of the officer were as a result of impairment by alcohol and not the crash. The Court agreed.

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