What to Do if Stopped at a Sobriety Checkpoint in New Hampshire

Sobriety Checkpoint FAQ's in NH

Sobriety checkpoints are completely legal in New Hampshire and if you haven’t experienced one yet, you will. It is important to know what to expect and how to navigate them. While you should never drive drunk, there are times when you might have had one or two drinks and are perfectly capable of driving home and find yourself stopped at a sobriety checkpoint. While the DUI laws in New Hampshire can be tricky, you could still be indicated as driving drunk even when you’ve had very little to drink. Here are some tips to help you through the checkpoint.
 
Be Respectful

While it might be inconvenient or annoying to be stopped at a sobriety checkpoint, the police are simply doing their job to make the state of New Hampshire safe for everyone. It is important to keep that in mind and be respectful no matter what. The officer interviewing you will be respectful as long as you are as well. If you answer the questions respectfully, are compliant, and have your information available the stop is likely to be quick and painless.

Be Prepared

If you are stopped at a sobriety point, you will be required to gather the necessary documentation that the officer will ask for during the stop. The officer will want to see your license and registration. While waiting behind the other cars in line, be sure to gather all of this information so you have it available when it is your turn to speak to the officer. The officer will appreciate your preparedness. Another tip is to roll down the window to let out any odors of alcohol prior to approaching the officer to let the air ventilate throughout the vehicle.

Be Compliant at all Times

Whether you have been drinking or not, it is important to be compliant with the officer at all times. Answer any questions the officer asks you and hand over your information willingly. The more compliant you are, the quicker the process will be and you are more likely to be sent on your way with no issues. To add to your compliance, you could turn on your vehicles’ interior light and keep your hands on the steering wheel to be sure they are seen at all times. Be as brief and polite as possible when answering the officer's questions. If you get chatty with the officer or provide more information than necessary, this could lead the officer to ask you more questions, thus indicating that you have had alcohol. Even admitting to having only a couple of drinks could mean facing a DWI charge. Keep your answer respectful and short, to the point in order to avoid any problems.

If you do find yourself in a situation facing a DUI charge due to a sobriety stop or otherwise, it is important to find a DUI lawyer in New Hampshire to help you navigate the way.


By Kevin Tighe

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Gun Concealed to Carry (CCW) Laws in New Hampshire

New Gun Concealed to Carry (CCW) & Background Check Laws in New Hampshire

Despite New Hampshire being a state that does not require a permit for open carry or concealed weapons, it has the highest number of background checks across the country for handguns (pistols and revolvers). In response to federal law prohibiting firearms to felons, fugitives and domestic abusers, the State of New Hampshire has enacted its own laws that prohibit the sale of firearms to felons.

Criminal Background Check System

National Instant Criminal Background Check System (NICS) is mandated to keep the public safe by maintaining a database of convicted criminals, sex offenders, domestic abusers amongst others who may be a danger to the public. The NICS also aims to use the database to ensure timely transfer of firearms to law-abiding citizens.
The NICS is administered by the FBI and gathers data from criminal records across states. The database keeps records of people with convictions that led to imprisonment terms exceeding one year, foreign fugitives, and immigration offenders including those with none immigrants visas. The information is gathered from the National Crime Information Center, Department of Homeland Security and the Interstate Identification Index.

Usually, the NICS works with state governments, but state governments are not required to work in liaison with NICS. New Hampshire is a “partial contact state”. This means that the New Hampshire’s Department of Safety has agreed to act as a point of contact for handgun transfers but not for the transfer of long guns. This means background checks for handguns are initiated through the Department of Safety and long gun background checks initiated directly through the FBI.

Background Checks and Mental Illness

States report to the NCIS people who have been “adjudicated as a mental defective”. New Hampshire is one of the few states that had not been reporting people with mental illness to the background check system. However, there are laws that allow for the release of confidential patient information where it has been established that there is a need to protect the individual or members of the public.

In 2016 New Hampshire legislature passed the Medicaid Expansion Bill which prohibits agencies, individuals or organization from passing mental patient’s information to NICS unless ordered to do so by a court in which the person in question was present with his or her attorney.

Other Views on the Medicaid Expansion Bill

However, some like the New Hampshire Attorney General has differed with the courts on the provisions of the Medicaid Expansion Bill. The Attorney General, Joseph Foster, sent a letter in July 2016 to the courts ordering them to begin sending the information of dangerously ill persons to the NICS. His interpretations of the law would mean that New Hampshire’s Department of Safety will start providing information on people who have been found unfit to stand trial, people not found guilty for reasons of insanity will have their information released to NICS.
Opponents of the interpretation believe that the interpretation should come from the courts rather than from a letter from the Attorney General. Also, sponsors and supporters of the bill have insisted that the amendments to the Medicaid Expansion Act were made specifically to prevent access to victim records without a court order.

By Kevin Tighe

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Latest Killer Drug (Carfentanil) in New Hampshire

New Deadly Drug Carfentanil Affects New Hampshire

In April 2017, Governor Chris Sununu of New Hampshire announced what authorities had been feared for months. After laboratory testing, they confirmed that the new deadly drug Carfentanil was already in New Hampshire. Three deaths were reported in March 2017 marking its first appearance in New England.

The drug has been causing seizures and death across America and the world. Authorities are worried about its potency and they believe it can potentially be used as a chemical weapon. The drug first appeared in the Midwest before spreading to New England and other parts of the United States.

How Potent is Carfentanil?

Carfentanil is used as a general anesthetic for large animals. A few milligrams can bring down an elephant. It is 10,000 times more potent than morphine, 100 times more potent than fentanyl, and 4,000 times more potent than heroin. It is resistant to most medication used to treat drug overdoses. It is responsive to Naloxone, though multiple dosages are required.
Carfentanil is used to lace other drugs such as fentanyl and heroin. Abusers may be unaware that the substances have been laced with a potent and dangerous fentanyl derivative. According to Manchester Fire Chief Daniel Goonan, heroin addicts are scared of the presence of the drug in the streets.

Reports in New Hampshire

In 2016, after reports of seizures and deaths in Ohio, authorities in New England prepared for what appeared to be the inevitable. Law enforcement and response teams were on high alert for signs of the drug in the streets of New Hampshire.

It first appeared in New Hampshire in March 2017. Three deaths were reported, two 35 year old men, and one 48 year old man in Manchester. 26 overdoses were reported in Manchester in April resulting in 2 deaths. Police also arrested a man in possession of trace amounts of the drug.

The potency of the drug is not only a risk for addicts, but also for law enforcement and health workers. Grains of Carfentanil are enough to cause seizures when inhaled or when absorbed through the skin. Experts warn that caution should be taken when handling the substance, because even what appears to be trace amounts can be fatal.

The Safe Station Program

In Manchester New Hampshire, a new program to help addicts was started by Fire Chief Daniel Goonan. Anyone who needs help can simply walk into one of the fire stations in the city. Firefighters are trained to do an initial medical assessment for warning signs, they may call for help in case the addict needs medical assistance.

The safe station program has been quite successful in Manchester NH. In May alone, more than 100 people have sought help through this program. So far the safe station program has reported that more than 800 people have voluntarily sought help.

The good news is that the number of seizures and overdoses seems to have reduced. This is partly attributed to the Safe Station Program. Law enforcement has also increased surveillance and China recently banned the drug reducing quantities finding their way into the U.S.  If you or someone you know has been arrested for drug possession and are facing criminal charges, you should speak with an experienced drug defense lawyer in NH.

By Kevin Tighe

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New Firearm Licensing Laws New Hampshire

Firearm Licensing Changes in the Works for New Hampshire

It takes a great deal of time and effort to see changes made to the law in an individual state, especially if the law covers something serious like gun ownership. The constitution of the United States includes the Right to Bear Arms within the Second Amendment, with each state having certain licensing requirements in place that must be followed in order to be a certified and responsible gun owner. The licensing requirements may soon change in the state of New Hampshire if Senate Bill 12 passes into law.

The new measure is sponsored by Senator Jeb Bradley of New Hampshire and would work to repeal the requirement for licensing that says individuals who carry a concealed revolver or pistol must have a license to do so.

The Existing Firearms Law in NH

The existing state law of New Hampshire in regards to firearms allows for any citizen of the state to legally own a firearm to carry the weapon openly. The gun can be unloaded or loaded. If the firearm is concealed, perhaps with a jacket or kept in a female’s pocketbook for protection, then the individual would be required to have a concealed carry license. With the proposed legislation, the need for this type of licensing would be eliminated.

The legislation would actually extend the permitless open carry law to a permitless concealed carry option. This means that law abiding citizens would have the right to conceal or open carry with one license in place. The new measure would also extend the time frame of licensing from four years to five.
Similar legislation was proposed in 2016 but shot down by former Governor Maggie Hassan. The measure made it through the New Hampshire General Court before losing ground. It seems this year, the legislation actually has a chance to pass into law. Just a few days ago, the bill moved past the House Criminal Justice and Public Safety Committee after a vote of 12 to 8 and will now move forward to the House floor with the entire House of Representatives considering the measure.

Proponents of the measure are asking individuals to contact state representatives to see the bill become law. With a new governor in place, it could be that the measure will have enough support to move through the House and be one step closer to becoming law, needing the signature of the governor to do so.

Concealed Weapons Laws

Criminal attorneys commonly deal with this category of law as individuals face charges for carrying a concealed weapon when essentially the law-abiding citizen is doing nothing wrong. It is important to work with an attorney who knows the gun laws of New Hampshire and can help you in a case of concealed weapon charge or others issues involving firearms. If the law changes, attorneys will have new legal ways of dealing with such charges to assist those in need.

Over the next few weeks, the full House should considered Senate Bill 12 and it will be determined if the measure will become law and open/concealed carry will be meshed into one license for gun owners.

By Kevin Tighe

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How to Beat a DUI in New Hampshire

Arrested for a DUI in New Hampshire?

A DWI arrest in New Hampshire isn’t always a cut and dry scenario. Far too many people accept the penalties of a DWI charge without even knowing their rights or if there may have been grounds to fight their case. Countless New Hampshire residents wrongfully assume that if there was a field sobriety test, blood test, or a Breathalyzer test given, there is no reason to defend themselves or there is no hope of beating the charges. Despite any tests given at the scene or at the time of arrest, everyone deserves to know their rights and to know the possible defense strategies that may help them avoid a DWI conviction.

What to Do When Arrested for DWI

The first thing a person who has been arrested for DWI in New Hampshire should do is contact a criminal defense attorney. Someone who has worked as a drunk driving lawyer in the state is the best option if you are facing charges. A drunk driving charge can have a serious impact on every aspect of your life. A conviction can mean the loss of a driver’s license, high fines, mandatory enrollment in an alcohol program, the installation of an interlock ignition, and even jail time. There is simply too much at stake to not seek help from a drunk driving lawyer who will fight to have the charges reduced or even dismissed.

The assistance of a DWI attorney can help you get the charges reduced to a “wet reckless” charge. This is essentially a form of reckless driving involving alcohol. This type of reduction in charges can be negotiated if the blood alcohol level was borderline, there was no accident, or if there is no prior record of drunk driving.

Chances of Getting My Charges Dropped

As for the chances of getting a charge dismissed, a DWI lawyer can increase that chance depending on the type of test given and evidence gathered. The first thing a drunk driving attorney can challenge is the legality of the stop that led to a DWI charge. A search may have also been illegal, rendering evidence against you as inadmissible.

A blood alcohol test can be challenged based on the procedure itself. The analysis or the time period that elapsed may render the results inconclusive or possibly inaccurate. When it comes to results of a Breathalyzer test, there is statistical evidence that points to inaccuracies. Improper administration and machine error can be much more common that people may realize. Whoever administers the breath test must also be licensed to operate the machine. If that license is non-existent or expired, the results can’t be used against you.

Field Sobriety Test

The most subjective test often used against people is the field sobriety test. A skilled drunk driving attorney can successfully challenge an officer’s conclusion regarding the results of any field sobriety test. This kind of test is not absolute and there are a wide range of factors that can result in a dismissal of the results of a field sobriety test. Some of the factors that often play a role in the testing and have resulted in dismissal of a DWI charge are: the weather (snow, ice, high winds), medical conditions or the effects of medication, exhaustion, disability, injures that prevent certain movements, weight, age, and emotional distress at the time the test is given.

No one is automatically guilty of a DWI in New Hampshire. Everyone, whether they are pulled over or involved in an accident, has legal rights of which they should be made aware. Fighting a DWI charge may not be easy, but winning or having a charge dismissed is worth it for your finances, your reputation, and possibly your freedom. If you have been arrested, let an experienced and aggressive DWI attorney hear the details of the case and see if that lawyer can help you get a fair and just outcome. 


By Kevin Tighe


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Student Social Media Laws in New Hampshire

Student Social Media Laws in New Hampshire

Social media sites are extremely popular with today’s younger generation. From Instagram and Snapchat to Facebook, the options are endless for sharing information about yourself with others. Students can easily log on to such sites and interact with friends. It is not recommended that a child be able to access such accounts during school hours and many schools have banned such sites from their wireless networks. However, children do have the option to use personal devices to access accounts.

Do I Need To Give My Teacher My Password?

A recent change was made in the law of New Hampshire involving social media and students. Schools located in the state can no longer require students to provide passwords to social media accounts. It’s a privacy rights law that protects NH students. Schools also cannot ask for passwords to gain access to accounts. Schools are also unable to punish any student who does not provide their login information. This gives a sense of privacy to students who do not want to share such information with teachers or other faculty members.

Student Privacy Rights & Laws in NH

If your child is approached by a teacher or faculty member and asked for such information they now have the right to say no. Talk to your child about this new law and make sure they know their rights. If you find that your child has been approached and asked for their password, you have the option to take legal action. To do so, you would need to consult with an attorney. An experienced attorney will be knowledgeable of this new law change and how you may be affected.


Once you speak to an attorney, you will have a better idea as to if you have a legal right to file suit. You may find that your attorney can resolve the issue within the confines of the school or you may have to push further and press charges in the matter. Exhaust all of your options to ensure that the school is following legal protocol and your child’s social media account is private. 

By Kevin Tighe

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Gross Lewdness Laws in New Hampshire

What is Gross Lewdness?

There are many laws in place to protect children from sexual predators across the United States. In New Hampshire, changes have been made to acts of lewdness legislation to ensure individuals face stiff penalties for exposing themselves in front of children. An individual who exposes themselves in front of a child that is under the age of 16 will be subject to Class B Felony charges. The same can be applied to an individual who performs an act of lewdness in front of a child 16 years of age or younger. With the Class B felony charge, an individual will face as much as 7 years in prison as well as a fine of $2,000.

Charged With Gross Lewdness?

If you have been accused and charged with gross lewdness on a child, contact a local criminal defense attorney in New Hampshire. Consult with an attorney who has knowledge of the changes in law to ensure you are not being falsely accused. Talk to your child and use any information you have to be able to press charges and have an attorney help pursue the matter.

Depending on the severity of the charges exposure or act of lewdness, an attorney will be able to advise you on your rights and what if any the penalties you may be facing.

Penalties for Gross Lewdness in NH

New Hampshire lawmakers have stiff penalties in place to keep those who conduct such acts from doing so again after facing such charges and being found guilty. An experienced defense attorney can help ensure that you receive a fair and just trial.  If you have been arrested and charged with the act of gross lewdness on a minor, then contact a criminal lawyer today to begin working on your case right away.

By Kevin Tighe

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