One of a parent’s worst nightmares is discovering that their child’s birth injury or defect was preventable. Although accidents do happen, physicians, nurses, and other health care providers involved in the birth of a child are expected to adhere to a certain standard of competence.

Studies indicate that birth injuries occur in about 7 of every 1,000 births in the U.S. The injuries can occur as a result of the mother’s illness, drug or alcohol use, preexisting condition such as diabetes, reaction to medications, complications during labor or delivery, or from the negligence of the physician, nurse or facility.

In some instances, an incomplete medical history or examination of the pregnant mother may fail to diagnose a condition, such as gestational diabetes, which can lead to severe birth defects.

Some of the more common preventable birth injuries include:

Hypoxic Ischemic Encephalopathy

If the fetus is deprived of oxygen, it can result in brain trauma. Brain cells begin to die within five minutes, so physicians and staff need to be especially vigilant when monitoring the fetus. When the fetus is totally deprived of oxygen, the condition is called hypoxic ischemic encephalopathy.

Oxygen deprivation can occur as a result of compression by the umbilical cord, a ruptured blood vessel, respiratory failure, or other factors that a trained and competent staff should be able to detect in time. Should emergency measures like a cesarean procedure be delayed, the child may be saved but may have been deprived of oxygen for a sustained time. This can result in cerebral palsy, mental retardation, or other developmental problems.

Cerebral Palsy

This is a permanent, neurological condition caused by the lack of enough oxygen to the fetus, or from the improper use of forceps or vacuum extractors to induce delivery. A child born with this condition exhibits various degrees of a lack of nerve and muscle control, or exaggerated reflex movements. Although early intervention can help a child overcome many obstacles, the condition is not curable.

Depending on the severity of the condition, a child could also sustain hearing or vision loss, be incapable of speech, and have serious cognitive and developmental disabilities.

One cause of cerebral palsy is failure to diagnose a bacterial infection or inflammation of the umbilical cord. A condition called chorioamnionitis, a uterus infection, can significantly increase the risk of the fetus developing cerebral palsy.
Many cases of cerebral palsy are preventable and are due to a lack of supervision, poor training of staff, inadequate functioning equipment, and a failure to monitor or to detect distress in the mother or fetus.

Erb’s Palsy

Erb’s palsy is also known as a brachial plexus injury since it involves damage to the five nerves in the shoulder or brachial plexus area that control the movements from the spinal cord to the arm, hand and shoulder.

During a breech delivery, or where the child is delivered feet first, or other complicating factors in a delivery, the physician may pull on the baby’s arm, unduly stretching the nerves and in some cases severing the nerve root from the spine, called a complete avulsion. An incomplete avulsion is where the nerve is damaged, but the prognosis for recovery or for minimal damage is improved.

Surgery is usually recommended, but a complete avulsion injury will generally result in permanent damage.

If the possibility of a breech birth is detected early, a caesarean or c-section can be performed that can prevent the possibility of a brachial plexus injury.

Brain Trauma

Prolonged labor can also increase the risk of a birth injury. When the mother’s water breaks, delivery should take place within 24 hours. A delay could lead to brain damage to the fetus.

Other circumstances include a sudden cutoff of the fetal blood supply from circulatory problems, or a separation of the fetus from the uterine wall that may also reduce or cut off oxygen and blood.

Increased glucose levels can occur during prolonged labor and can result in brain trauma to the fetus if the baby’ blood sugar levels are not monitored and managed.

Birth Injuries: Who’s Held Responsible?

The responsible parties in a birth injury case can include the physician, nurse, anesthesiologist, other attending staff, the medical facility, as well as the manufacturer of any equipment that malfunctioned. You will need a birth injury lawyer to ensure that all necessary parties are included in your claim.

A physician is held to a minimum standard of care and is compared to how a comparable physician practicing or performing under similar conditions and circumstances would have acted. The physician may also be held liable for the acts, or omissions, of nurses, residents, and any staff who participated in the birth process as part of his or her supervisory capacity.

A medical facility can be negligent in having substandard equipment or failing to ensure its safe operation, as well as for training, hiring, and supervising the staff.

Nurses are also held to a standard of care separate from that of the physician. Their duties may be monitoring the mother and fetus and detecting danger signs that need to be communicated to the physician.

Filing a Birth Injury Claim in NH

The time limit for filing a New Hampshire birth injury claim in Exeter, Portsmouth, and Manchester and in the state of NH generally is three years from the date of the negligent act. For minors under the age of 8, malpractice claims must be filed by their 10th birthday.

Retain a New Hampshire Birth Injury Lawyer

The trauma of a birth injury involves many emotions. If your child has a birth defect or injury that you suspect could have been prevented, you need the knowledge and skill of a legal professional particularly a Birth Injury Lawyer who has handled such cases.

It is essential that you contact a New Hampshire birth injury lawyer, such as Ryan Russman, whose office both in Exeter and Portsmouth has the experience and litigation skills required in these very complex cases.

His office will obtain the necessary hospital records and conduct a thorough review with the assistance of medical experts to detect any medical errors or omissions that could have prevented the injury, and will pursue litigation if necessary. Contact Ryan Russman today for a free consultation.

In New Hampshire, domestic violence law protects victims from the criminal acts of a family member, household member, or a current or former sexual partner.

New Hampshire Domestic Violence Law: Consequences of a Conviction

Domestic violence cases are taken very seriously and can result in stiff penalties. Those charged with domestic violence face consequences that include probation and the possibility of jail or imprisonment. Additionally, courts often impose mandatory counseling, which is time consuming and can be very costly.

After a domestic violence arrest, courts can also impose a “no contact” bail condition. This condition prevents the defendant from contacting or speaking to the alleged victim or family members, and prevents the defendant from returning to the residence.

Under federal law, people actually convicted of domestic violence crimes will be prohibited from possessing firearms. A conviction may also affect employment status at jobs where background checks are regularly conducted, and child custody arrangements.

As a result of the severe domestic violence penalties, charges for domestic violence must be taken seriously. If you have been charged with domestic violence, you need a qualified and experienced NH domestic violence lawyer . Attorney Russman has experience successfully defending various domestic violence cases. Attorney Russman can help fight the charges and help you avoid the severe penalties that can result.

Domestic Violence Cases

Relationships have their ups and downs. Anger and frustration are feelings both partners will tend to experience from time to time. This often results in disagreements and arguments. A partner may become loud and aggressive toward the other partner.

This may cause law enforcement to come to the residence. If they do, someone will usually be arrested. This is how a little private argument turns into a big public investigation with serious potential consequences.

Although men have historically been arrested more frequently for domestic violence than women, there are several domestic violence cases where the woman is the alleged abuser. Women can be arrested for the same reasons that men can be arrested.

A NH Domestic Violence Arrest

Police may make an arrest for domestic violence for a:

• simple assault
• criminal restraint
• criminal threatening

In order to be convicted, the act itself must constitute a credible threat to the safety of the plaintiff.

In domestic violence cases, the plaintiff has the burden of proof. The plaintiff must show that the defendant threatened his or her safety by a preponderance of the evidence. The preponderance of the evidence standard requires that the plaintiff convince the court that it was more likely than not that the defendant’s conduct was a threat.

NH Domestic Violence Lawyer

A NH domestic violence attorney can help build your case. If you did not do anything wrong, Attorney Russman can help prove that there was no credible threat to the plaintiff’s safety and highlight that the arrest was made based on your gender.

He can also help protect you from the awful feelings and stigma that accompany a domestic violence conviction.

It may be possible to work the case out with the prosecutor with a simple mandate for counseling or probation. Or, the case may have to go to trial. If the case goes to trial, you want Attorney Russman to fight for your rights and your freedom.

There may be no other more horrific near-death experience than that of an airplane crash or near crash. Airplane crashes, unlike automobiles, nearly always result in fatalities when falling from the sky or even while on the ground given their speeds while landing or attempting to land.

For these and other reasons, pilots are held to higher standards than a motorist, especially when it comes to a pilot DUI.

A pilot DWI or DUI refers to an alcohol-related motor vehicle offense that affects the pilot’s license, as well as that of a pilot charged with flying or attempting to fly while under the influence of alcohol or drugs.

Because the risks involved in flying an aircraft are so great, if you are a licensed pilot and are arrested for a DWI in New Hampshire, or any other state, there are certain steps you must take if you want to retain or be able to get your pilot’s license back at a future time.

Pilots and Alcohol

The Federal Aviation Administration (FAA) regulates the activities of pilots and the requirements for licensing. The FAA possesses the authority to revoke, suspend, or cancel your pilot’s license for a “motor vehicle action,” which includes a conviction for a DWI or any administrative action in which your driver’s license is suspended or revoked. This means that should you be found not guilty of a DWI, you could still be subject to having your pilot’s license suspended.

According to FAA regulations, a pilot may not fly an aircraft or be a crew member in a civil aircraft within 8 hours after consuming alcohol.

The blood alcohol content (BAC) limit for flying an aircraft is 0.04 percent, which is about one drink in an hour for a person weighing 160 pounds. The FAA prohibits you from flying an aircraft, attempting to fly one, or from becoming a crew member if your blood alcohol is greater than 0.04 percent, even if 8 hours have passed since you last consumed alcohol. Violation of this rule can result in having your pilot’s license suspended or revoked.

If you are tested and show a BAC of between 0.02 and 0.39 percent, while not a rules violation, FAA regulations will still prohibit you from performing any safety-sensitive duties until your BAC drops below 0.02. This includes flying an aircraft.

As an airline pilot, you are subject to random drug and alcohol testing, testing upon reasonable suspicion, or after an accident. If you are suspected of being under the influence while flying or attempting to fly, however, you are subject to being tested only under the “reasonable suspicion” standard. “Reasonable suspicion” can only be based on the direct observation of a trained supervisor and not upon a third party’s suspicion.

If you have a driver’s license, you have impliedly consented to alcohol testing. An unreasonable refusal to submit to a request for testing by local or state law enforcement while driving a motor vehicle can lead to revocation of your driver’s license and your pilot’s license by the FAA.

Similarly, if you refuse to submit to alcohol testing by a law enforcement officer pertaining to flying while under the influence, your refusal may be a violation of the applicable (Federal Aviation Regulations) FARS regulations and lead to a certificate action and probable FAA revocation of your license.

Also, your employer may have a policy that could revoke or suspend your flying license apart from FAA regulations.

In situations like this, you are highly advised to retain an experienced NH drunk driving attorney.

Reporting Requirements for a Pilot DUI

Should you be charged with a DWI, indicate a BAC of at least 0.08 percent on a breath or other authorized test, or refuse BAC testing, you only have 60 days to report the “motor vehicle action” to the FAA, Security and Investigations Division (AMC-700) in Oklahoma City. Reporting to the local FAA office is not sufficient.

A specific Notification Letter must be sent to the Division, which can be downloaded from the FAA site, and must include the following information:

• Your name, address, DOB, and airman certificate number;
• The type of violation resulting in the conviction or administrative action;
• Date of the conviction or administrative action;
• The State that has the record of the conviction or administrative action;
• A statement whether the motor vehicle action resulted from the same incident or arose out of the same factual circumstances related to a previous reported event.

Should an alcohol-related offense result in a conviction or license suspension, you must send a second Notification Letter advising the FAA of your conviction and/or license suspension.

If you plea bargain to a reckless driving charge, you will not have to report it to the FAA only if your license was not suspended. Any alcohol-related driving suspensions still must be reported.

There is the National Driver Register (NDR) that lists all traffic related convictions, which the FAA is authorized to review. If you should fail to include any of the required data or falsify any information, your FAA pilot and medical certificates will be revoked.

Flight Physical

As a pilot, you must sign and submit a medical certificate attesting to your fitness to fly. When your certificate expires, you must submit to a flight physical before a designated physician. The medical certification requires you to report the following:

• All alcohol convictions that are motor vehicle related
• Any administrative actions that suspended or revoked your driver’s license
• Any non-traffic related criminal convictions
• Boating or snowmobiling while intoxicated
• Any alcohol evaluations, counseling, and education sessions

Should you have had a BAC test that exceeded 0.15 percent, the FAA’s aviation medical examiner (AME) may not issue a medical certificate and will require you to obtain a substance abuse evaluation from an authorized counselor before the issuance of a medical certificate will even be considered.

If your BAC was 0.20 or higher, you will also be required to consult an HIMS (Human Intervention and Motivation Study), an alcohol treatment program for pilots, and you will likely be disqualified from flying.

Alcohol abuse counseling and participation in an HIMS program is now typically required by the FAA if you refuse a blood alcohol test while driving, flying or attempting to fly.

Penalties for a Pilot DUI

Should you be convicted of a DWI or of have tested for a BAC of 0.04 while flying, attempting to fly, or attempting to become a crew member, you must file your Notification Letter, which will result in an investigation and certificate enforcement action.

Your pilot’s license can be suspended and any flight instructor certificate will be suspended. If you have an FAA Designated Pilot Examiner Certificate, it will also be revoked, possibly for life. Your Medical Certificate will be denied by an FAA physician and you will not be able to fly or exercise any other privileges authorized by any of your certificates.

Submitting two Notification Letters for a single incident, even if it resulted in a DWI and a separate license revocation, is treated as a single event by the FAA. If you have two separate alcohol-related events within 3 years, the FAA will deny your application for a pilot’s license or will revoke or suspend your present license.

Retain a NH DUI Attorney

The intricacies and issues pertaining to a pilot DUI are many and complex. A pilot is subject to testing at any time and must comply with New Hampshire DWI laws as well as FAA requirements regarding alcohol consumption, BAC levels, and reporting requirements.

Only an experienced and knowledgeable DUI attorney can ensure that your rights as a motorist and as a pilot are protected. Contact Ryan Russman, New Hampshire’s only board-certified DWI defense attorney, if you are charged with any DWI offense.

There is no standard formula for calculating a New Hampshire personal injury compensation claim. Every injury claim is unique and there are a variety of factors that an NH personal injury attorney will consider in conjunction with how insurance companies, who will typically be paying the injury victim, also calculate a value for a personal injury claim.

Assessing Liability

An experienced personal injury attorney will analyze the facts and circumstances of an accident to determine who was at fault. If liability is not clearly established, then the injury’s value may be decreased by the degree of culpability of the injured party or plaintiff. For example, if you were driving recklessly and contributed to the accident, the defendant’s insurer may deduct your percentage of contributory fault from the full value of your claim. A $30,000 injury claim with 40 percent contributory fault by you could result in compensation of $18,000.

If there is more than one party that contributed to the accident, then the degree of fault by each party must be apportioned.

New Hampshire Personal Injury Compensation Value

The value of a personal injury claim in New Hampshire is heavily influenced by the nature and extent of your injuries. If you sustained a soft tissue injury to your back or neck, many insurers may consider this a minor injury and will offer a few thousand dollars or nuisance value–usually ranging from $500 to $1500–or will question whether you suffered any injury at all and may not offer anything.

Soft tissue injuries, like neck or back strains, often are not verifiable through diagnostic tests, like X-rays or MRIs, and typically depend on the victim’s own subjective complaints.

Obviously, the more visible your injury, the more value will be placed on the claim. Broken limbs, torn ligaments, scars, disc injuries, brain damage, and internal injuries can be objectively verified on X-rays and other diagnostic tests.

Further, more compensation is awarded depending on the extent of your injury. A broken leg that heals in a few weeks will likely be considered of less value than a herniated disc that may last for months or years unless there is surgical intervention, which may or may not result in total relief.

An injury that results in a permanent, disabling condition is a factor that can substantially increase the value of your claim, especially if it prevents you from engaging in your usual recreational activities, or from performing your job.

Finally, your attorney must prove that your injury was caused by the accident or, if you had a preexisting condition, that it was exacerbated by the accident. For example, a bulging disc may be caused by years of degeneration rather than the accident, or it could have been exacerbated by it. Experts may disagree and this may diminish the value of your claim.

Personal Injury Claim Damages

• Special Damages

The reasonable value of your damages is a major factor in calculating the value of your New Hampshire personal injury compensation. Special damages are one category that includes lost wages, out-of-pocket costs and medical expenses related to the accident.

The nature of your medical costs is determinative of value as well. If your chiropractic bill is $10,000 for a soft tissue injury like a sprained neck, this may be considered excessive and unreasonable, in contrast to $10,000 for surgical or rehabilitation costs for a disc or serious knee injury.

Also, you can be compensated for reasonably foreseeable and necessary future medical treatment and costs, if a medical expert testifies to this possibility.

Other special damages include any property damage and your loss of earnings, past and future. An injury that prevents you from working for several months can also increase your settlement or overall injury value considerably when general damages are assessed.

In regards to lost earnings, if you are unable to return to your usual occupation and have lost your earning capacity, a forensic economist can provide an opinion of the value of your lost earnings over your working life.

• General Damages

General damages can be the most important factor in calculating your claim. This category or element is usually called “pain and suffering” and is largely subjective in how a value is determined.

Some of the indicators used by insurers and injury attorneys in calculating pain and suffering include the following:

• Inconvenience
• Loss of enjoyment of life
• Physical pain
• Emotional harm
• Loss of consortium or inability to engage in intimate activities

Certain injuries can significantly impact a person’s life. The more your life has been adversely affected, the more value is placed on this element of damages.

A person who experiences pain daily, has a change in personality, can no longer play their favorite sport or pastime, is unable to drive, suffers from post-traumatic stress, or is unable to be intimate with his or her spouse, may well have a claim worth considerably more than someone who has pain for a few weeks or has a permanent scar that can be easily disguised.

In addition, if you can show that your pain is shortening your ability to work a full work week and is affecting your wages; or it is preventing you from going on vacation, performing your daily household tasks, or affecting your relationships with others, then your damages for pain and suffering can increase substantially.

To verify this, you would have to give personal testimony regarding the degree and extent of your pain and how your life has changed. Medical experts can offer opinions as to the degree of disability sustained, your physical restrictions or limitations, offer examples of emotional trauma, the medications you need and their side effects, and how the injury has affected your life.

Other Factors in a Personal Injury Settlement

There are other factors that may increase or decrease the value of an injury case. A plaintiff with a drug or alcohol problem, several felony convictions, or a scant employment history will not be as presentable as a hard working mother of five, or a person who has a long work history and varied interests who is unable to engage in them any longer.

One other resource used by plaintiffs’ attorneys are publications that list the compensation awarded by New Hampshire juries for injuries and factual situations that are similar to the claim they are pursuing.

If you can prove by a preponderance of the evidence that your special damages are reasonable and necessary, then this amount is added to whatever your general damages may be, so long as they are reasonable as well.

Retain a NH Personal Injury Attorney

Calculating the value of a personal injury claim is a process that takes into account a number of variables that must be considered from a medical-legal viewpoint. Only an experienced and knowledgeable personal injury attorney can do this for you so that you can obtain the full value of your claim.

If you have been injured in an accident, it is essential that you contact a NH personal injury attorney. Many victims attempt to settle their own claims, which for minor injuries may be adequate. But even minor injuries can lead to more serious complications and settling too early will prevent you from obtaining any future compensation from that party.

Studies also show that injury victims who have legal representation collect more net compensation for their claims, even after deducting legal fees.

Contact personal injury attorney Ryan Russman to ensure that all your rights are protected, that the proper parties have been contacted or included in your claim, and that you receive your injury claim’s full value.

Motorcyclists face the possibility of severe bodily harm on the road because they must share the road with much larger automobiles. Unlike drivers in automobiles, people who ride a motorcycle are more exposed to injury given that these vehicles are open-air vehicles. Because of this motorcycle riders are less protected than those riding in a car, bus, or truck, the damage to a person on a motorcycle can be very severe.

A motorcycle accident in New Hampshire could occur for a variety of reasons. Automobile drivers often become distracted and do not see the cyclist on the road. Further, some drivers erroneously believe they have more rights than people who drive motorcycles and become enraged when a motorcyclist is nearby or causes them to slow down. As a result, drivers begin to drive more aggressively. In addition, the New Hampshire streets can often be crowded causing dangerous collisions.

NH Motorcycle Accident Attorney

If you or someone you know has been injured in a motorcycle accident in New Hampshire, there may be feelings of physical pain, a fear of getting on the road again, and emotional distress.

The first step is to contact a NH motorcycle accident attorney immediately. A qualified personal injury attorney like Attorney Russman, can investigate your situation and build a successful case for you. Attorney Russman will investigate the scene of the accident shortly after it occurred to preserve evidence and he will study the scene to review the conditions of the road at the time of the accident including any wet pavement, skid marks and roadblocks. He will also gather eyewitness testimony.

Thus, it is important to contact an attorney as soon as you can before the evidence is no longer available, or in the case of a witness, before the memory of the accident fades. The attorney will communicate with insurance companies, handle medical concerns, and determine your damages. Most of all, Attorney Russman will fight for you and make sure you get the best settlement possible.

Motorcycle Injury Compensation

Motorcycle injuries that occur as a result of an accident are generally eligible for personal injury compensation. A motorcyclist who has suffered injuries caused by a negligent driver may receive payment. Payment for pain and suffering, disfigurement, emotional distress, economic loss, and repair or replacement of the motorcycle are among the potentially recoverable damages.

The court divides damages between two categories, general and specific.

General damages are those that necessarily flow from the injury. General damages include, but are not limited to, damages for emotional and physical pain.

Special damages include, but are not limited to, medical bills, medication, and physical therapy.

Severe motorcycle injuries can result in expensive medical treatment and lengthy recovery times. Victims would rather have avoided the accident altogether, however, if a motorcyclist does have an accident, these cases can be worth a significant amount of money. Less severe accidents can result in less compensation, especially if there was less pain and suffering, less of an emotional effect, and less lost wages.

A NH Motorcycle Accident Attorney, like Attorney Russman, can determine the damages in your case. Assessing the value of a personal injury case is a difficult task, but Attorney Russman has the necessary experience. Once the necessary evidence is obtained, he can prove the monetary amount of your case and ensure you receive a fair settlement for your motorcycle injuries. Whether you were in a serious crash or suffered minor injuries, the Russman Law Offices will make sure your rights are protected.

As most people know, driving while under the influence of alcohol is a crime in New Hampshire. What many people may not know, however, is that impaired driving caused by prescription drugs is considered a New Hampshire DUID, or driving under the influence of drugs.

But what exactly does “under the influence” mean? In New Hampshire and in every other state, driving with a blood alcohol content (BAC) of 0.08 percent or higher is considered prima facie evidence, or a presumption, that you are under the influence of alcohol. Studies on motorists and alcohol have indicated that most motorists at this level have impaired judgment, and have led legislators to codify this standard into law.

What happens, however, when a person takes a legally prescribed medication, operates a motor vehicle, and is stopped by a police officer for a traffic violation, erratic driving, or some other permissible reason and is suspected of being under the influence?

There are no breath devices, like an intoxilyzer, that can measure the level of, or detect the presence of, a certain drug in your body. Further, there is no uniform standard like there is for alcohol that indicates that a person is unlawfully under the influence of a drug that has impaired his or her driving conduct.

Also, drugs, unlike alcohol, can remain in your system for days or weeks at a time. Even if a drug was detected by a blood or urine test, there is no evidence when you first ingested it, or how long it has been in your system, or that it influenced your driving at the time you were stopped.

Further, impairment by a drug varies according to an individual’s weight, height, the dosage taken, tolerance level, and if it was taken with other drugs.

Driving and Prescription Drugs

Driving under the influence of prescription drugs, or any illegal drug, is a criminal offense and is generally a misdemeanor unless there are aggravating circumstances accompanying the charge that can enhance it to an aggravated DWI or felony.

A police officer must first suspect you are under the influence after legally stopping you. Although you can be stopped for an equipment violation, the officer could use your driving conduct as a factor, such as the following:

• Weaving or drifting
• Crossing the center lines
• Driving too slowly
• Speeding
• Driving through red lights or stop signs
• Passed out
• Sudden braking or stopping

Although many drivers commit these offenses for various non-drug or alcohol reasons, an officer will undoubtedly suspect that drugs or alcohol is involved, especially if the offense occurs at night.

There are a wide variety of prescription and over-the-counter (OTC) medications that can affect your driving conduct. An antihistamine, for example, can induce fatigue in a motorist and affect reaction time. Most of these drugs contain written warnings against operating heavy machinery, which includes a motor vehicle.

Other prescription medications such as opiate analgesics are used for pain relief by acting on the central nervous system and can alter one’s perception. Like its name implies, these drugs are either made from opium constituents or are produced synthetically.

An example is morphine, which can cause drowsiness, lethargy, mental clouding and delirium in some cases. It can also cause rapid or slow heartbeat or uncontrolled muscle movements. Oxycodone is in this category and can adversely affect your driving conduct. Benzodiazepines can also affect your ability to drive safely.

Drugs such as diazepam, Librium, Ativan, Restoril, and Xanax are in this category and are widely prescribed for reducing anxiety, depression, and insomnia. They also affect the central nervous system and can induce drowsiness and confusion. These drugs can intensify the intoxicating effect of alcohol, so even a breath test result of below 0.08 percent does not relieve you of a possible drug impaired driving charge.

Any of these drugs can lead to a DWI charge and conviction if it is proved that you had the drug in your system at the time of you were driving and it impaired your judgment and ability to drive.

Determining Drug-Impaired Driving in New Hampshire

New Hampshire has a program designed to train officers to detect motorists of DUI and prescription drugs or illegal drugs, and have certified them to become Drug Recognition Experts (DRE).

An officer trained DRE will use certain criteria to determine the following:

• Whether the suspect is impaired
• Whether the impairment is related to a drug, alcohol or medical condition
• If a drug is suspected, what category or categories of drugs are causing the impairment

The officer will also conduct a series of tests to assess their suspect:

1. Breath test–If no alcohol is indicated, the officer continues the assessment.

2. Interview and observations of the suspect’s demeanor, speech, coordination, whether he or she admits to taking drugs, and their driving conduct.

3. Preliminary exam–The officer may take the suspect’s pulse and conduct an eye exam such as the HGN, or horizontal gaze nystagmus, by tracking his or her eyes and looking for jerking of the pupils. Pupil size and reaction to light are also tested.

4. Psychophysical tests–These can be standard field sobriety coordination tests such as finger-to-nose, Walk and Turn, One Leg Stand, and other balance tests.

5. Blood pressure, temperature and pulse are taken for elevated or depressed vital signs.

6. The officer will usually request from the suspect a urine, blood or saliva test for a lab analysis.

Based on the totality of these and other signs, the DRE-trained officer can usually testify and offer an opinion that the suspect is impaired and which category of drug or drugs may have contributed to the suspect’s impairment.

Prescription Drug Defense

An officer who is DRE certified is not a doctor or pharmacologist. An officer is not able to distinguish between a suspect who is suffering extreme anxiety from being stopped and detained by a police officer, and someone under the influence. Further, a person who has a hyperactive, or garrulous personality may appear to be under a certain category of drugs.

To adequately defend you against a DUID charge, you need an NH DUID attorney with the experience and training in this area. Ryan Russman has multiple certifications from the National Highway Safety Administration (NHTSA) and possesses the training and knowledge that will ensure that your rights and defenses are protected.

Here are just some of the certifications that Mr. Russman possesses:

• NHTSA/IACP Standardized Field Sobriety Testing Practitioner

The student in this seminar is trained how to effectively administer at least three standardized field sobriety tests (SFST) that includes HGN testing (horizontal gaze nystagmus), or tracking the eyes and looking for jerking; the Walk and Turn test, or divided attention test that requires the suspect to listen to and follow instructions to perform simple coordination tests; and the One-Leg Test, also a divided attention and balance test.

• NHTSA/IACP Standardized Field Sobriety Testing Instructor

This is a 40-hour classroom instruction and practical application class that trains a person to become an instructor in administering the Standardized Field Sobriety Tests (SFST). It has a theory component as well and is only open to those who have passed a NHTSA certified SFST practitioner course.

• NHTSA/IACP Drug Evaluation Certification

Ryan Russman has completed the same DRE certification course taken by New Hampshire police officers as related above that they use to assess and arrest suspects of possible drug impaired driving.

These are just a few of the certifications Mr. Russman possesses, He also has training in forensic chromatography, advanced instruction on roadside impaired driving enforcement, and has completed a multi-device breath testing mega-course. These courses have increased Mr. Russman’s already extensive knowledge in the latest developments in blood, urine, and breath testing and how to mount an effective defense at trial.

Ryan Russman is New Hampshire’s only board-certified DWI attorney and can defend you against the biases of a police officer and any failure to follow the required protocol by a DRE certified officer.

Mr. Russman also possesses the knowledge required to effectively challenge a breath, urine or blood test, and understands the pharmacology and medical issues associated with drug prescription cases.

All commercial property owners are liable for any injuries that may occur from unsafe conditions on their property. They are responsible for maintaining safe conditions, making the necessary repairs and warning visitors of any hazardous or potentially hazardous conditions on their premises.

Potential Department Store Injuries

In New Hampshire, a person injured in a slip and fall accident can file a personal injury claim if they are injured in a department store or on its premises for a variety of accidents including falls due to:

• Icy, snowy or wet parking lots;
• Broken or cracked sidewalk or pavement in front of the store;
• Wet or obstructed floors;
• Poorly lit or dark stairwells;
• Loose floor tiles or carpeting;
• Falling merchandise.

Whether your injuries are severe or minor, you should seek the advice from a New Hampshire personal injury attorney to see what rights you have, if any. New Hampshire attorneys, such as Ryan Russman, offer free consultations to help you determine if you can recover from your slip and fall accident.

What Should You Do If You Are Injured

Department store injuries occur everyday and tend to peak during the holiday shopping season. Giant department stores like Walmart experience nearly 1,000 customer injuries every day. Determination of liability for a department store injury is based on three criteria. One of the following situations must be true for a department store to have potential liability.

1. The owner of the premises or an employee must have caused the spill, tattered or torn spot, or other slippery or dangerous surface or item to be underfoot;
2. The owner of the premises or employee must have known of the dangerous surface or loose hanging merchandise but failed to correct it; or
3. The owner of the premises or an employee should have known of the dangerous condition because a “reasonable” person taking care of the property would have discovered, removed and/or repaired it.

Slip and fall accidents and department store injuries are both negligence actions and can be difficult to prove. The burden is on the injured party to show the owner of the premises either knew or should have known about the conditions that caused the injury. This is how you establish their standard of care. You then must show they breached their standard of care and that their breach is what caused your injury.

The importance of hiring an experienced New Hampshire personal injury attorney as soon as possible is important not only because of the difficulty of the case itself, but also because there is a three year statute of limitations to file a claim in New Hampshire. This means you have three years from the date of the injury to file a lawsuit. All injuries are actionable.

Compensation for Your Department Store Injury

Compensation for your injury includes payment of all:

• medical bills
• lost wages
• pain and suffering
• emotional distress
• the value of loss of any activities you enjoyed prior to your injury
• any other costs or losses which are a direct result of your injury.

If you are injured, you should never delay seeking medical help. In addition, never accept a settlement offer from an insurance company until you have spoken with a New Hampshire personal injury attorney because settlements are usually final.

If you have been injured on the premises of a department story in New Hampshire, you should request a free case review with an experienced attorney like Ryan Russman, who practices in Manchester, NH, and has offices in Exeter, NH and Portsmouth. He can help determine whether or not you can recover from your injury.

What is a Felony?

Crimes are lumped into two general categories: felonies and misdemeanors. A felony is a crime that is punishable by death or imprisonment for more than one year. All other crimes are misdemeanors. In New Hampshire, the death penalty is only reserved for capital offenses which do not include felony theft.

Types of Felony Theft

In New Hampshire, there are three general types of felony theft.

1. Larceny is the intentional taking of another person’s property without legal permission and with the intent of permanently depriving the owner of his interest in it. Larceny is further broken down into two categories: grand larceny or grand theft and petty theft. Generally, any theft that amounts to more than $500 is considered grand theft. The major difference between the two is grand theft is a felony whereas petty theft is a misdemeanor. An example of petty theft is shoplifting. Grand theft can be accomplished without permission from the rightful owner or with permission through fraudulent means.
2. Robbery is the unlawful taking of property from a person through force, threat or intimidation. The use of force or threat is what separates robbery from grand theft.
3. Embezzlement is the intent to defraud. It is when a person in a position of trust, such as a manager of a business, deprives the true owner of the property before the owner ever takes possession. For example, a night manager entrusted with the cash drawers takes money before accounting for them on the company’s books. Often embezzlers try to cover their tracks by recording false entries and records.

Related crimes are possession of stolen goods, concealment, identity theft, internet fraud and burglary. Burglary in particular often is the double crime of unauthorized entry plus grand theft or robbery once inside.

Consequences and Defenses for Felony Theft

In New Hampshire, felony theft is categorized as a Class A felony. So if you are brought up on felony charges for grand theft, in addition to fines of $4000 or an amount that does not exceed double the amount of property gained, the jail time can be from 71/2 to 15 years in state prison.

Defenses for felony theft crimes include mistake and lack of intent. Mistake is usually used in the petty theft cases of shoplifting. For grand theft, embezzlement, robbery and other felony theft crimes, the best defense is to attack the necessary intent needed to complete the crime.

For example, if you used your neighbor’s car to go to the grocery store and then immediately returned it, you would lack the necessary intent to permanently deprive him of his car. This is a necessary element for charges of grant theft. In this example you would still likely be charged for the misdemeanor of petty theft because you took the car without the owner’s permission.

If you have been brought up on felony charges for grand theft, there are many qualified New Hampshire criminal defense attorneys such as Ryan Russman. Mr. Russman has the criminal defense experience necessary to prepare the best defense you will need for serious crimes like felony theft.