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Questions Answered by Joseph Kelly Levasseur

2 Answers | Asked in DUI / DWI for New Hampshire on

Q: If an officer requires a breathalyzer,i refuse,hes says dui,2 secs later i agree can he refuse?New Hampshire.

He asked for the breathalyzer an hour after arrest at precinct.Then wrote in report methadone,prescribed.Resulted from break down on the highway.Literally 2 secs after refused breathalyzer i agreed to it.The Sargent said it had been too long since the arrest.If thats the case why adminester one an... Read more »

Joseph Kelly Levasseur answered on Aug 4, 2019

This is an interesting set of facts. If he's honest and puts in his police report that you did ask for a breathalyzer after first refused g and did so in a very short period of time, you may have a case. And yes they can use the results from an hour after an arrest. Since you refused you will lose... Read more »

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1 Answer | Asked in Landlord - Tenant for New Hampshire on

Q: My landlord is expecting me to pay his electricity an if I choose not to he's raising my rent up each month.

Joseph Kelly Levasseur answered on Jan 10, 2019

Look at the rental agreement or lease you signed, read what it states about paying for utilities and follow the written document that you have. I don't understand why you would be paying for his electricity so I cant figure out what the agreement-if any-you have with the landlord.

1 Answer | Asked in DUI / DWI for New Hampshire on

Q: I drove away from a cop after getting pulled over. Im sober just scared. If i turn myself in how much time will i get ?

Joseph Kelly Levasseur answered on Jan 10, 2019

This is a very serious situation, you really should call a criminal defense attorney.

1 Answer | Asked in Real Estate Law for New Hampshire on

Q: I have a person that is not on any lease agreement, as he did not want to sign it with his GF. and the lease has been di

Person is not on lease, did not sign the lease and left items in garage bay of lease holder. lease holder has moved away and taken her property. She has confirmed that she has no more property in the garage bay. What can I do to regain the garage back for re-lease to someone else. What do I have to... Read more »

Joseph Kelly Levasseur answered on Jan 10, 2019

He may not have a lease but he did live there and was most likely considered a tenant, read the statute again, I believe you have to store his things for at least 28 days, better to be safe than sorry. You should also try and contact him through any means available to you, try facebook, phone... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on

Q: If a parent has a pedophile in the house with a minor, would this be considered endangerment if the minor did not know?

Joseph Kelly Levasseur answered on Dec 12, 2018

It depends on the level of sex offender this person is. there are laws that state a sex offender cannot be around minors so check with the local police department to make sure the person is properly registered and is registered for the home the person resides in, and the level and danger to the... Read more »

2 Answers | Asked in Car Accidents for New Hampshire on

Q: If my son got addicted to pain meds after an accident, can I sue the other driver?

Joseph Kelly Levasseur answered on Dec 12, 2018

Its a great question but the law would most likely not support this concept. It is a reach that a car accident could be the cause of someone getting hook on pain medication. It could be argued that the doctor that prescribes the medication may have given out too much or the wrong dose, but its not... Read more »

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1 Answer | Asked in Employment Law for New Hampshire on

Q: Can you record your boss on the production flor,hallway,warehouse in New Hampshire?

Joseph Kelly Levasseur answered on Dec 12, 2018

NH is has a two way recording statute. Both parties need to be told that the other party is recording the other, otherwise is is a serious crime. There are exceptions but this does not sound like one of them. Be careful.

1 Answer | Asked in Criminal Law for New Hampshire on

Q: Like my domestic violence taken off my record it only happen once as I had a federal firearms license n

I never had anything in my life except this

Joseph Kelly Levasseur answered on Dec 12, 2018

You need to file a motion in the court that you plead or were found liable for the domestic violence. There forms and the rules are on the courts website and you have to follow the rules carefully and notify the attorney generals office. There is a fee but it is reasonable. There are lawyers that... Read more »

1 Answer | Asked in Uncategorized for New Hampshire on

Q: Hello. I currently have a public guardian and do not wish to. Should I ask her what I need to do for her to terminate?

Joseph Kelly Levasseur answered on Dec 12, 2018

Public guardian for what reason and who appointed her? If the person is court appointed then you would petition the court to request that the guardianship be terminated. Good luck!

1 Answer | Asked in Landlord - Tenant for New Hampshire on

Q: If I have a specific eviction date is there a way for me to make payments on the past due amount and have it be legal

Eviction date is 12-31-18. Im waiting to see if I can get state and/or a church's assistance.

Joseph Kelly Levasseur answered on Dec 12, 2018

You can always ask the landlord to extend. If the eviction is not court ordered then they must evict you through the courts, which will take about 14-30 days to get the hearing date, the court may also allow you to pay the amount due plus costs and void the eviction.

1 Answer | Asked in Landlord - Tenant for New Hampshire on

Q: i rented out a room in my single family home. Owner Occupied house. the renter was here for 30.days and moved out withou

notice. can security deposit be applied to next month rent as no notice was given. monthly rental

Joseph Kelly Levasseur answered on Nov 5, 2018

Was there anything in writing evidencing that it was a month to month rental? Be very careful with security deposits, the courts do not like it when they are not given back, and not giving it back can result in attorney fees and damages against you for not doing so without proper legal grounds.

1 Answer | Asked in Criminal Law for New Hampshire on

Q: My 19 year son was arrested over the weekend. How do I find out the nature of the charges? Noone will speak to me

He was on pretrial probation. How do I know if he has new charges or if tbjs was a violatiin of pretrial release? Web site says he was arraigned on one charge but pending arraignment on 2

Joseph Kelly Levasseur answered on Nov 5, 2018

You can show up at the arraignment or visit him at the jail he has been located at, at the times posted for visitation.

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for New Hampshire on

Q: My NH former Attorney forged my signature printed my name on a settlement check I got that off homeowners insurance

I was bit by a pit bull. Why would he do this. I gave no consent

Joseph Kelly Levasseur answered on Nov 5, 2018

You can call the NH Professional Board of Conduct for attorneys and file a complaint. They will investigate and make a ruling on the matter. Good luck!

1 Answer | Asked in Family Law and Child Custody for New Hampshire on

Q: Do I have to respond to my daughters emails or texts demanding what we do with her son . If her visits were terminated

Her visits were terminated 1 1/2 years ago. I've had legal guardianship of him since he was 5 1/2 months he is almost 5. The only home he has ever known is with my husband and I

Joseph Kelly Levasseur answered on Nov 5, 2018

You do not have to respond but it may depend on the written court decision for the guardianship. It may state in the decision what types of contact the mother can or cannot have. Read it carefully. Just keep in mind that generally speaking, courts prefer allowing some types of contact with the... Read more »

1 Answer | Asked in Consumer Law for New Hampshire on

Q: What can I do if an auto repair shop will not refund me for work I paid for and he hasn't done.

He does not even do a front end alignment he sends it to someone else to do

Joseph Kelly Levasseur answered on Nov 5, 2018

First you should demand payment by letter. when that doesn't work you should file in small claims court if you meet the requirements. Filing a small claims case in NH is now done by computer and relatively easy to handle. Good luck!

1 Answer | Asked in Real Estate Law for New Hampshire on

Q: Is Seller required to return deposit to Buyer despite Seller's offer to remedy as noted in the home inspection report ?

Home inspection report revealed a "minor" foundation crack that indicated "...if crack gets larger than 1/4" or allows moisture intrusion have epoxy sealed - monitor (minor)." Despite the seller's offer to remedy the crack, the buyer wants to walk away from the transaction with the deposit money.... Read more »

Joseph Kelly Levasseur answered on Nov 5, 2018

The home inspection is one of the ways a buyer can get out of a contract-it also depends on the purchase and sales contract he signed with you. You could argue that such a minor infraction is not a breach of the agreement and that you should have the ability to cure the alleged defect, or you could... Read more »

1 Answer | Asked in Civil Rights, Contracts, Real Estate Law and Landlord - Tenant for New Hampshire on

Q: My son who is disabled had a verbal lease month to month with his girlfriend. In the process an aquatance established .

Residency and wont leave. Can the landlord hold me or my son responsible for this person who wont leave?

Joseph Kelly Levasseur answered on Nov 5, 2018

If in fact, as you state, she has a month to month tenancy, then you have to give her 30 days notice to quit the apartment. These cases are tricky, if she won't leave, you should hire an landlord tenant attorney. attorney Brian Shaughnessy is the attorney I use to evict my own tenants. He is one... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on

Q: A town website refuses to remove my name from an online police log saying it is part of the public record, is this fair?

This situation relates to the state of NH. I have several charges that were nolle prossed, and I'm currently working through the annulment process. One online media outlet has already agreed to remove my name and scrape the meta tag from the Google search, but why won't the town?

Joseph Kelly Levasseur answered on Nov 5, 2018

It may not be fair but it is common practice. if you were found not guilty you can ask for a removal, if that doesn't work then you can ask the court to anul the arrest record.

1 Answer | Asked in DUI / DWI for New Hampshire on

Q: I live in NH and have been charged with a DUI but refused a BAC test.previous DUI from 10 years ago, will this be 1st

I'm referring to washout period 1st or second offense

Joseph Kelly Levasseur answered on Nov 5, 2018

Within ten years it will not be considered a first offense.

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