nh personal injury attorney

Want an Alcohol Detection Device in Your Car?

Someday soon, an alcohol detection device may prevent you from starting your car if your Blood Alcohol Content (BAC) registers 0.08 or above.

An amendment to the Motor Vehicle Safety Act recently introduced into Congress would do just that. It seeks $60 million for research and development for such devices. The bill’s backers hope for reliably accurate devices that sense alcohol in a driver’s breath, or in perspiration when holding the steering wheel — or even uncover it by scanning a driver’s retina.

DWI Cases – State Issues?
Advocates of states’ rights are opposed to the devices. Jim Baxter, president of the National Motorists Association said, “Many of our members are against Congress imposing dictates on the states.” He added, “We think the [state] courts are in the best position to make the decision.”

The American Beverage Institute (ABI) is opposed to the measure. Managing Director Sarah Longwell said, “Everyone opposes drunk driving, but putting alcohol detectors in all cars as standard equipment … would make all driving Americans guilty until proven innocent every time they started their cars.”

A Problem to Every Solution
A DWI test is not infallible. Many well-known and experienced DWI attorneys are strongly opposed to the measure. Not only does it presume someone is guilty until proven otherwise, but attorneys specializing in DWI cases have seen a plethora of testing inaccuracies. Some machines have given false-positive results, some are not calibrated correctly, and some have been poorly maintained.

Being pragmatic, experienced DWI lawyers also believe that those who want to drive, regardless of how much they have had to drink, will be the ones to find a way to tamper with alcohol detection devices.

Finally, many DWI lawyers say such devices beg the question of maintenance. Who can guarantee whether the devices will continue to work properly, who would be responsible for maintenance, and who would pay for it? This is already a problem with existing testing equipment.

DWI in New Hampshire
New Hampshire has some of the toughest DWI laws on the books. If you are convicted, your sentence could be be anywhere from three days to several years.

If the case against you is based on mechanical testing results, call a DWI attorney immediately. You need one that understands the technology behind current alcohol detection devices and their potential unreliability, one that will protect your rights under the law, and one who will represent you aggressively.

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DWI Consequences: The Rich and Famous are Accountable Too

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.

Famous People Arrested for DWI
President Bush and former Vice President Dick Cheney are perhaps the two most powerful and famous people who have been arrested and convicted for DWI.

Also, in the 70’s, Arkansas’ famous red-nosed Wilbur Mills –one of the most powerful men in Congress as Chairman of the Ways and Means Committee — was involved in an embarrassing DWI incident.
And it’s hard to forget the tragic public figure of an alcoholic Joan Kennedy, former wife of Congressman Ted Kennedy, arrested four times for DWI.

The list goes on: Kelsey Grammer, Chevy Chase, Axl Rose, Darryl Strawberry, Paris Hilton, Nichole Richie and Ray Liotta.

Consequences of DWI Arrests
In just a few careless moments, the lives of all those famous people were forever changed, just like the lives of anyone else who has been arrested for DWI.  Once actually convicted of DWI, the consequences are numerous and long-lasting.

Your family will suffer right along with you.How do you tell your friends and family that you’ve been arrested for DWI? You will feel embarrassed, humiliated and fearful.

If convicted, what effect will it have on your job and professional career? It’s possible that you will lose your job. It’s equally possible that the DWI conviction will prevent you from getting a job you really desire in the future as the conviction clouds your permanent record.

How much money will it cost you? There are legal fees and fines, car repairs, rehab programs and court costs, all of which are your responsibility. It can end up costing you a small fortune.

How will your mobility be impacted with a license that has been suspended or revoked for months or years? If mass transit is not available where you live, you are going to be spending a lot of time looking for a ride to get anywhere?

And the biggest question of all, how will you cope with your loss of freedom if you’re given jail time? It’s hard to know.

New Hampshire DWI Attorney
Unfortunately, New Hampshire is not immune to drunk drivers. If you are arrested for DWI, the first thing you should do is call a specialized DWI attorney. You may not be able to avoid all of the consequences of a DWI arrest, but an experienced DWI lawyer will be able to ensure that all of your legal rights are protected and help you get your life back on track.

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nh personal injury attorney

States Continue to Crackdown on DWI Enforcement

In Texas, DWI enforcement just got a little bit tougher.

Last week a new statutory bill passed the Texas state senate. The bill, the Nicole “Lilly” Lalime Act, does three main things:

  1. Expands the definition of offenses committed while intoxicated to include operating water crafts, which were previously not covered.
  2. If an officer has reason to believe suspect has a prior DWI conviction or a child is in the car, the law permits the officer to collect breath and blood sample without a warrant.
  3. Law has also been expanded to allow any magistrate who is a state-licensed attorney to issue a blood search warrant — and such magistrates are at the jail 24/7

The new law goes into effect in September.

Source: Dallas Observer

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DWI Checkpoints Ruled Legal but Challenges Expected to Continue

The legality of DWI checkpoints has come into question in a number of recent New Hampshire cases.

One such case came into question last summer when more than 800 cars were pulled over at various checkpoints across the state of New Hampshire. Ten arrests were made from these stops, and a guilty verdict with regard to the arrest of Christopher Shields was just issued this week, declaring checkpoints to be statutorily legal.

According to the Boston Herald, the attorney for this particular case claimed the “roadblock was illegal because the process by which cars were stopped was not random as required by law.” The Judge decided otherwise.

District Court Judge Morrison did not issue an official decision with his verdict. Essentially, this decision provides there is no legal precedent from which future cases can cite. While prosecutors claim Judge Morrison”s decision paves the way toward a consensus on DWI checkpoint legality, police officers expect challenges with checkpoint arrests to continue.

New Hampshire residents should expect to see many more checkpoints over the course of the summer, and potentially this Memorial Day Weekend. While some residents may be outraged or question checkpoint legality, the important point to remember is safety. If you are not safe to drive, don”t drive. It may seem to be common sense, but most of us have been in the position of making unsafe decisions.

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