Daniel Hynes

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Been Arrested For a DWI? Here’s What You Need to Know

Each day, it happens on New Hampshire’s roadways. One moment, you are cruising along the road. The next minute, a police officer is asking you to blow into a foreign device, walk in a straight line, and stand on one leg. The next thing you know, you have been charged with a DWI, and you are being placed in handcuffs and loaded into the backseat of a squad car. How did this happen?

In reality, a DWI (driving while intoxicated) is the most common form of criminal charges confronted by New Hampshire’s citizens. The process of contending with an NH DWI is a serious one. It is full of confusion, uncertainty, and stress.

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Sobriety Checkpoints Are Now Being Set Up…Inside of Bars?

An increasing number of New Hampshire DWI lawyers and criminal defense attorneys have begun to view DWI sobriety checkpoints as a clear violation of the protections afforded by the 4th Amendment. The is the practice of police agencies of establishing locations on New Hampshire’s roadways where motorists can be stopped without due “probable cause” to suspect a crime is being committed. For those who believe this practice is unconstitutional, a new initiative by police officers in Sacramento, California will have them up in arms.

This past Memorial Day, Sacramento police officers launched a new program designed to combat motorists who choose to drive while intoxicated. While the rationale for this new program initially seems just, it is its implementation that is anything but.

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Do You Know Why I Stopped You? Part 1

It is a question no one likes hearing, and it is a situation no one likes being in. Law enforcement officers are infamous for, and have gone through hours of training, in order to convince suspects to incriminate themselves. It is a common misconception that a person might be able to talk themselves out of a ticket if they admit to a minor infraction, but don’t admit to anything too serious.

However, any admission a motorist makes will cost them something. Police officers do invest their time in pulling someone over for no reason; although, this does happen occasionally. If you have been pulled over, the police officer has a specific reason for doing so. Questioning a motorist to see what they can persuade them to admit too is a game all police officers learn in the academy.

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Could “Party Plates” Help In Getting Drunk Drivers Off the Road?

As legislators in New Hampshire consider changes that would toughen our state’s driving while intoxicated laws and as new, controversial measures are being introduced for legislators’ consideration, the state of Ohio enacted a highly visible, unique approach.

Since the beginning of 1967, Ohio has issued specialized license plates for DWI offenders. These are informally referred to as “party plates” or “scarlet letter plates”. In the past, these plates were issued to offenders via the specific request of a judge; however, Ohio’s drunk driving laws underwent sweeping changes in 2004. Since then, the law requires these plates to be issued to offenders whose BAC levels were twice the legal limits or for those who have two or more DWI offenses on their record.

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Can an Emergency Situation Ever Necessitate Driving While Intoxicated?

In December of 2013, the American Bar Association Journal reported on a case originating in Canada wherein a judge deemed the defendant not guilty, despite the fact he was driving while intoxicated, because an emergency situation force him to drive an injured acquaintance to the local hospital for emergency medical treatment. After falling down a flight of stairs, his friend had suffered a fairly severe cut on his head. The pair had accidentally locked themselves out of their apartment and were unable to reach their mobile phones. Subsequently, the duo had no other choice but to drive themselves to the nearest hospital.

DWI cases of this unique nature generally fall into one of two categories. The first category is referred to as the justification defense, wherein an emergency situation necessitates driving while under the influence of alcohol, and the second category is called the duress defense, in which a motorist needs to remove themselves from a dangerous situation, such as a person who is threatening their lives.

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