As we enter the 2008 Labor Day Weekend, it is more likely than ever before that you will be stopped at a DWI roadblock in New Hampshire. If you get arrested, you will probably wonder how you can get a videotape of your arrest. Once you talk with a New Hampshire DWI defense lawyer you will learn that most New Hampshire DWI roadblocks are not videotaped by the police. This may seem odd to you if you have been trapped in a DWI roadblock, with the obviously huge cost in terms of large numbers of... Read Full Story

Hello everyone, Today's New Hampshire DWI laws topic is the irony of the New Hampshire Aggravated DWI penalties for a first offender. On a first offense New Hampshire DWI, with no "aggravating factors", the driver upon conviction faces a lengthy license loss, a criminal record, a large fine, a huge increase in insurance costs, and being forced into an alcohol program. If the driver chooses for some reason to cooperate with the police and blow into the breath testing hose at the police... Read Full Story

Hello Everyone, A new case victory will be posted on my website this afternoon (August 16, 2008). The case, which was heard this week, resulted in the dismissal of an implied consent suspension request from the state of New Hampshire after a "Boating While Intoxicated" arrest. The boat operator in this case refused to blow into the breath test hose at the police station after his arrest for BWI, and the state then sought a 180 day suspension of his right to drive a car. My website is... Read Full Story

Hello Everyone, A common question I get from people who have been charged with driving while intoxicated (DWI), driving under the influence (DUI), or operating under the influence (OUI), goes something like this: "What is the least amount of license loss I can get?" The simple answer, if the defense on both your criminal case and the administrative license suspension hearing are successful, is no license suspension at all. The plain truth is that in most courts if a driver charged with... Read Full Story

The chances increase every day here in New Hampshire that you will be stopped by the police even if you have done nothing wrong at all. If that seems un-American it is because it is un-American. When the Framers of our Constitution insisted on the ratification of the Bill of Rights, it was because they sought to protect future generations from arbitrary government tyranny. Roadblocks have reduced the Fourth Amendment from a bedrock Constitutional guarantee to a mere slogan. Roadblocks are... Read Full Story

Hello everyone, This is the fifth in a series of blog-posts addressing the unusual "Pond Olympics" known as "Afloat Field Sobriety Tests", which are performed by boaters immediately prior to their arrest for "boating while intoxicated" or "boating under the influence". As you will see here and in my prior posts on this topic, these "tests" usually consist of all or part of the following 6-part medley of exercises: 1. The "alphabet test". 2. The "25 to 1 Count" 3. The "Finger Count" 4... Read Full Story

Just about everywhere you go today in public you are being videotaped. You are videotaped at your bank, supermarket, shopping mall, drive through lines for fast food, donut shops, even little convenience stores. Just about every place is equipped with a video camera these days. If some one holds up a little store or commits just about any crime in public there is a video of the event on the evening news, copied from a surveillance camera. It has become very inexpensive to capture a high... Read Full Story

Everyone in New Hampshire is familiar with our state motto: "Live Free or Die" This was written by Revolutionary War hero General John Stark. General Stark and his men won the Battle of Bennington, and years later, when General Stark was too sick to attend a reunion of the men who won that battle, he sent his troops this toast: "Live Free or Die; Death is Not the Worst of Evils" Today though, the police conduct massive DWI roadblocks in our state, stopping hundreds of citizens who have... Read Full Story

Hello, and Happy Independence Day! Every year, the police erect more and more DWI roadblocks. It is not because roadblocks are effective at detecting or even deterring drunk drivers, because roadblocks do not serve either purpose very well. The police usually have to seize at least 100 cars before they find one driver who is even arguably drunk. The cost for the roadblocks is huge, both in terms of manpower and equipment. Last year, reports were published about a new batmobile that cost $400... Read Full Story

Hello. On this Fourth of July Weekend it is more likely that you will be stopped by the police for no reason at all than ever in our Nation's history. That is because the government has issued massive money for roadblocks, and the roadblocks do not usually lead to many DWI arrests. Typically, the police have to stop about 100 cars to hope to find one person who they even SUSPECT of DWI. An important reminder if you are driving this weekend is to make sure that your car has a valid inspection... Read Full Story