Safe Trick or Treating this Halloween in New Hampshire

Halloween Safety Tips for New Hampshire
 
Halloween in New Hampshire is right around the corner and falls on a Friday this year. Trick or Treat times varies statewide. Over the years, the once child-centric holiday has morphed into an adult holiday known as the Halloween costume party. Bars and private homeowners typically host costume parties and provide free drinks or bar drink specials. Because of this growth amongst adults, police have noted that Halloween joins the ranks of Fourth of July and the Super Bowl when it comes to DUI arrests.
While not drinking and driving is the ideal way to ward off a DUI arrest, those that do drink too much often find themselves watching the police car lights flash in their rear view mirror. If you do find yourself in this situation, there are basic legal rights which you should be aware and behaviors that may help your case rather than hurt it.

Dealing with a Police Encounter

First and foremost, always project a cooperative and polite manner toward the officer. While you may be frustrated, scared, or even angry that you have been pulled over, your tone and demeanor will impact how the situation unfolds. Maintain a respectful tone and comply with the legal requests given to you. This entails handing over your license, registration, and insurance information. Choose words carefully and say as little as possible.

Aside from your words, your actions may be used against you. Actions that are often used against someone facing a DUI charge typically relate to field sobriety tests. These tests are difficult to pass when completely sober and are equally difficult under duress. Plus, there is no exact science behind them and the results or interpretations are purely subjective. Outside factors, such as health issues, emotional stress, and weather, can all play a role in how results are judged. Because they are not scientific, you have the legal right to decline to take one. However, in New Hampshire, if you refuse field sobriety tests, as well as breath or blood tests, this refusal can be used against you at trial whereas in Massachusetts this is not the case.  Also, in New Hampshire, refusal of breath or blood tests may lead to loss of operating privileges through DMV.  This will be in addition to anything the court may impose if you are found guilty.  On the flip side, if you refuse these tests it makes it more difficult for the state to prove the case against you.  There is no one right answer here.  You know yourself better than anybody. So if you find yourself in this situation make the best decision you can at the time and hope that it’s the right one.

Fighting Your Charges

A DUI charge is never a slam dunk for the police. Factors related to the exact nature of the stop, the interaction with the officer and the circumstances at the time of the stop can impact your case. Everything can be challenged, including blood and breath test results. While an attorney may not be able to prevent you from being pulled over, a skilled and experienced DUI attorney can minimize the chances of a conviction. A DUI arrest can cost you your license, your job, your family, and leave you with high fines and possible jail time. A DUI attorney can assess you situation and possibly decrease the impact on your life, if not get the charge dismissed altogether.

By
Kevin Tighe

Hand Held Electronic Device Laws for New Hampshire

A reliance on technology and cell phones has led to

an increase in the number of traffic accidents related to distracted driving due to cell phone use. Current estimates from the National Safety Council state that roughly 26 percent of accidents are due in part to the use of hand held electronic devices. Use of a cell phone while driving has been shown to cause drivers to take their eyes off the road and not be able to pay attention to surroundings, otherwise known as distracted driving. These facts and causes of concern for safety on New Hampshire roadways has led to legislation regarding the use of hand held electronic devices while driving.

Effective July 1st 2015
         
Passed by the governor and effective July 1, 2015, there is a state-wide ban on the use of hand held electronic devices while driving in New Hampshire. While hands-free systems are a legal option for adults, any minor driver is prohibited from any and all cell phone use while driving. There is already a ban on texting and driving in New Hampshire. This is also the law in 43 states and the District of Columbia. The ban on any use of hand held electronic devices will add New Hampshire to the list of 12 states and the District of Columbia who already have such a ban in place. As with any law, there are opponents who see the ban as an intrusion on rights and personal liberties. Despite the opposition, the law means police can conduct a traffic stop and issue a citation if a person is observed driving and using a hand held device.
The state has taken action to spread the word and educate the public about the ban. A marketing campaign has been initiated. Part of that marketing plan includes advertising a catch phrase—Hands Free, a Better Way to Be.

What Does The New Hands Free Law Entail?

The law is specific as to what is considered ‘use of a hand held device’. It states the reading, composing, viewing, or posting of an electronic message while driving is considered an illegal action. Also, receiving or conducting conversations via a hand held device is an infraction of the law. Residents should be aware that imputing information into a GPS system or similar system is considered use of a hand held device. The ‘use’ definition refers to a vehicle in motion and also when a driver is stopped in traffic.

The criminal consequences of being cited for breaking the new law include fines and possible license suspension in cases involving minor drivers. A first offense will lead to a $100 fine. A second offense will lead to a fine of $250 and fines can reach $500.

What to Do if Accused & Cited For Hands Free Violation

As with any traffic citation and fine, a New Hampshire criminal defense attorney can work to investigate the legality of a traffic stop and citation. Being pulled over can oftentimes be the result of a misunderstanding or wrongful assumption by authorities. There can easily be incidents of a driver being spotted with something in hand and mistakenly accused of violating the hand held device ban. The possibility of misinterpretations and misunderstandings can be countless as police are on the look-out for offenders. Despite the marketing campaign, there may also be residents who are unaware of the law and suffer the consequences. Regardless of the situation or whether a person is guilty or wrongfully accused, that citizen has rights and protections under the law. A skilled and knowledgeable criminal defense lawyer in New Hampshire can ensure every citizen has a chance to explain the situation and can then go forward with a defense plan that minimizes the impact of a citation for violating the hand held device ban.


By Kevin Tighe

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What a DWI Means to a New Hampshire Commercial Truck Driver

A DWI is no laughing matter for anyone. Getting pulled over and placed under arrest for suspicion of DWI can be a very scary event. But if you are a CDL holder this fear will probably be amplified. Although any driver on the road that is faced with DWI charges will have substantial fees and penalties, someone who holds a CDL will be put under more scrutiny.

The state of New Hampshire takes DWI’s by CDL holders seriously. In fact, if a commercial truck driver gets a DWI and they are convicted, a mandatory one year suspension of their CDL will occur. If this wasn’t enough, once a truck driver gets a DWI it can never be taken off their record. This can have a serious effect on ones employment because often trucking companies won’t hire DWI offenders even if the conviction was 10 years ago.

 
There is less tolerance for CDL drivers who are suspected of DWI

While normal drivers will be arrested if they have an alcohol concentration of 0.08 or greater, a CDL holder can go to jail for much less. A commercial truck driver who has an alcohol concentration of 0.04 or more is considered too drunk to drive. This lower tolerance level has resulted in many truck drivers being convicted of DWI.

Even if the CDL holder isn’t driving a commercial truck during their traffic stop they still are faced with this harsh law. This means that even while not at work commercial truck drivers have to be very careful how much alcohol they drink.

This lower level means that truck drivers have to be particularly careful when getting behind the wheel even after just one drink. Many CDL holders have even lost their livelihood by having just one DWI.

A second offense means a lifetime ban

Commercial truck drivers who get convicted of a second DWI offense will have their CDL permanently stripped from them. Without a CDL many second time offenders will never be able to step foot in a commercial truck again thus ending their carrier.

This can have life changing impacts on the lives of second time offenders causing them financial hardship. In fact many end up losing their homes and personal vehicles due to the loss of employment.

Get help fast if you are faced with DWI

The most important thing you can do after you have been arrested for DWI in the state of New Hampshire is to seek professional legal advice. Hire a good local DUI lawyer that specializes in DWI related cases for CDL drivers because you are going to need all the help you can get with your DWI case.

By Kevin Tighe

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St. Paddy’s Day Celebrations in New Hampshire 2015 - Avoid DUI!

The time is nearly upon us when we celebrate the annual Irish holiday - St. Paddy’s Day. Here in New Hampshire, the St. Paddy’s Day parade is one of the largest social events on the calendar with up to 70,000 people lining the streets year in, year out.

While the St. Paddy’s Day parade incorporates a range of traditional Irish forms of entertainment like pipe bands or Irish dancing, one of the major draws is of course the Irish pubs!

It’s easy to get caught up in the festivities and make a daring decision to drive while intoxicated or under the influence of alcohol. All too often, DUI lawyers see cases where your average everyday American has been charged with a DUI or DWI during the celebrations. When sober, it’s all too easy for people to recognize the dangers drunk driving can have, not only to others but to themselves too. Hindsight is a wonderful thing!
We want to see everyone enjoying St. Paddy’s Day responsibly, which is why we put together a few recommendations, so you can enjoy this event to the fullest extent!

•    If you’re going out in a group and of course if someone’s willing to, designate a driver for the ride home.
•    Arrange for a cab to pick you up (save a few numbers into your phone before going out).
•    Drink responsibly and know your limits! Make sure to take it slow and eat properly prior to hitting the bottle.
•    Arrange a ride in advance via friends or family.

If you’re going to be drinking at all, it’s probably best not to take a car, just in case you do give in to temptation and drive home. Without transport, it takes the decision out of your hands and forces you to use one of the alternate methods above. We personally don’t condone drunk driving, but if the worst case scenario does happen, then it’s best to be prepared.

•    Have all the correct documentation on hand and be courteous at all times.
•    Don’t give the police any reason to pull you over. By this we mean, no busted lights of the car or anything not working properly that would lead an officer to pull you over.
•    Being a major event, expect that the police will be out in full force. Take the back roads home and avoid any unnecessary police checkpoints.
•    Don’t take any of the sobriety tests offered by the police, you are not legally obliged to do so! The field tests used by officers are notoriously inaccurate and even if your results show that you’re under the legal limit, you can still be charged with a DWI.

As always, if you run into any difficulties, it’s always best to contact us before giving the police any information relating to your DUI or DWI. They only need your basic information, for anything else you have the right to a DUI attorney being present. Have a great St Patrick’s Day, enjoy yourselves and needless to say, be safe! Follow the above information and hopefully you won’t need the ‘luck of the Irish’!

Kevin M. Tighe

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