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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Will New Hampshire Lower The Blood Alcohol Limit to.05?

As you may or may not know the NTSB (National Transportation Safety Board) is putting pressure on drinking and driving by lowering the blood alcohol limit. As of right New Hampshire as well as 49 other states have a legal limit of .08. The NTSB voted earlier this year on lowering that tolerance by nearly 40% to.05. The board states this new law will lower the drunken driving related fatalities dramatically.

Many countries have implemented the .05 legal alcohol limit. After Europe lowered their limits to .05 they have seen a drop in traffic deaths contributed to drunken driving by more than half within 10 years since the new legal limit was adopted.

An alcohol concentration threshold of .05 will likely be meet strong resistance from states.  If the law passes the proposed .05 legal limit it will mean people will need to take a close look and monitor their alcohol content when out on the town.

So you may have to think strongly about having that 2nd glass of wine with dinner. Blood alcohol and breath tests vary for different people.



The level can be affected by many things:

• Fluid Ounces Consumed
• (Beer 12 Oz. Wine Glass - 4 Oz. 1 Shot -1.5 Oz.)
• Your Weight (Lbs.)
• Alcohol Percentage In Beverage (Beer - 4-4.5% Wine -15-20% 1 Shot -30-50%)
• Hours Consuming Drink

So what’s this mean?

Well a .05 limit might be about one drink for a woman weighing less than 120 pounds and approximately two drinks for a 160-pound man.

Blood alcohol content (BAC) or blood alcohol concentration is the concentration of alcohol in blood. It is usually measured as mass per volume. For example, a BAC of 0.02% means 0.2% (per mille) or 0.02 grams of alcohol per 100 grams of individual's blood, or 0.2 grams of alcohol per 1000 grams of blood. Use of a  BAC Calculator, (Blood Alcohol Calculator)* can give you an idea of what percentage of alcohol is in your blood.

* The Blood Alcohol Calculator is used for entertainment purposes only. Your actual blood alcohol concentration depends on a variety of additional factors, like genetic makeup, personal health, and recent food consumption. These results are rough estimates for an average person only. Do not rely on these results to drive or work.

Here is what you need to know. What is considered a drink?

• A drink is 12 ounces of beer
• 4 ounces glass of wine
• 1 ounce of 80-proof alcohol in most studies

Are Portable Breath Test Machines Accurate?

A problem with the portable breath test devices is that frequently they are not inspected or calibrated by a state official. Maintenance logs are not usually kept on these machines (at least we haven't seen any in the past 9 years). The paperwork is frequently lost by departments. Also, the portable breath test machines have a tendency of measuring the alcohol that may be in your mouth. Most standard police training books instruct officers to wait 20 minutes before they have someone take a preliminary/portable breath test – given that the machine can be thrown off by a recent sip of booze, mouthwash, and other contaminants. For more information on breath test machines contact a New Hampshire criminal defense attorney who is experienced with breathalyzers.

By

Kevin M. Tighe

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Motorcycle Week Laconia NH 2014 – Events Calendar

For over 90 years, the Laconia Bike Week has served up the biggest motorcycle rally in the United States, and this year is better than ever. From it's beginning 91 years ago to this year, the Laconia Bike Week in New Hampshire has been the hottest spot for all types of motorcycle enthusiasts and bikers to come together and have a good time with their fellow riders. Bikers also enjoy its fun filled events and shows. Keep in mind that the Laconia Bike Week for this year is starting on Father's Day, instead of ending on it as it normally does.

 
Laconia Bike Week Events

The Laconia Bike Week in New Hampshire is not only a meet up for motorcycle enthusiasts, but it is also host to some of the best bike events in the country. Special events include live concerts, bike shows, shuttle service, American Police Motorcycle Museum, bikini contests and arm wrestling. Find out information about these and other Laconia Bike Week events along with times and schedules at the following link: http://www.laconiamcweek.com/Schedule/

Obeying Motorcycle Laws And Tips On Avoiding DWI in New Hampshire

While you’re attending the 91st annual Laconia Motorcycle Rally in New Hampshire, remember to not only have a good time and make new friends, but to also be safe and obey the motorcycle laws to avoid a drunk driving conviction in NH. With plenty of access to various alcoholic drinks in the beer tents combined with the scorching sun, many bikers will drink. However, with these following tips, you can have a fun, safe day out at the rally without running into legal problems or accidents:

• Limit your alcohol intake. Responsible drinking leads to responsible riding.

• Make sure you complete a New Hampshire motorcycle training course from the DMV. The course doesn't cost that much and is a great way to learn about motorcycle laws and safety.

• Always wear a motorcycle helmet. Although the motorcycle laws in New Hampshire state that a helmet is not required, it is still important that you wear one to prevent serious injury.

• It is required by law that your headlight works properly, and that you wear eye protection unless you have a windshield.

• Always wear bright colors at night; this makes it easier for other vehicles to see you.

• Keep your ID with you at all times and make sure your motorcycle is insured.

• Slow down before approaching an intersection and look in both directions. Most accidents involving motorcycles occur when other vehicles make an unexpected left turn.

•If you are involved in an accident where you are seriously injured, contact an experienced motorcycle accident attorney immediately.

Enjoy Bike week.  Be safe and sober, otherwise you will be calling me or someone like me to get you out of a mess.


By
Kevin M. Tighe

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