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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Using Uber This Fourth of July in New Hampshire?

Uber is a transportation service similar to taxi services, however uber uses an app on your smart phone. Tap a button, get a ride. Created to improve access to transportation, and make streets safer. Uber claims it is safe or is it?

What if background checks aren't enough? That is exactly what some people in New Hampshire and other parts of the country are talking about right now. According to reports, an Uber driver that had passed the background check is accused of murdering six people in one night of using the Uber service. Uber has background checks in place for those who want to work for them, but some say it may not be enough. So how can you protect yourself from personal injury from an Uber driver?

Understanding How It Works

Uber is an app that connects you and the driver via your GPS system on your smartphone. It tells you the information about the driver such as a photo, rating by other Uber users, and their license plate number. You can read comments/rating from other riders who have used this particular driver before so you have an idea of what you're getting into. If you have been out drinking this service is a great way to avoid a New Hampshire DUI.

What can be done

The New Hampshire area is working to make sure that you are safe during your ride in any Uber vehicle. There are already background checks and driving checks in place before a driver is hired. Other methods that are being considered include random alcohol and drug checks, requiring Uber to have a physical place of business, and city licensing.

What can you do?

Utilize your app and make sure that the driver and car you are getting into are the ones that show up on the app. Don't be afraid to verify the identity. Make sure that you are waiting in a safe place for your driver to show up. This can be in a home, building, or shop until the app alerts you that your driver has arrived. There's no need to put yourself into a sticky situation waiting on your New Hampshire Uber driver. Also be sure you stay in contact with friends or family during the trip. This will help you to know that someone has an idea of who you're with and where you're headed. Also be sure to utilize the app's information about the driver. Take the ratings seriously and into consideration as you pick a car.

Getting Injured

Unfortunately, even with checks in place, there can be personal injury from an Uber driver. If that happens it is important that you contact an injury law firm right away. They can take a look at your case and the injury lawyer in New Hampshire can help you to get compensation and get justice. Whether you are in a car accident or if there's an attack on your person, you can make sure that no one has to go through that again. Uber is a great service and can be very beneficial to the New Hampshire citizens. This is if the proper regulations are in place and you keep these safety tips in mind.


By Kevin Tighe



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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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