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New Hampshire DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI and Car Accidents for New Hampshire on
Q: Does a DUI case have the right to a speedy trial?

I got arrested for a DUI August 5, 2023 and my trial date has now been pushed back for the third time to June 4, 2024

Leonard D. Harden
Leonard D. Harden
answered on Apr 19, 2024

All cases are entitled to a speedy trial but the reality is to win based on a denial there is a difficult almost impossible test.

The Superior Court speedy trial policy is set forth in the Superior Court Rules. The policy incorporates the four-part speedy trial analysis of Barker v....
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2 Answers | Asked in DUI / DWI and Car Accidents for New Hampshire on
Q: Does a DUI case have the right to a speedy trial?

I got arrested for a DUI August 5, 2023 and my trial date has now been pushed back for the third time to June 4, 2024

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 18, 2024

Yes, you are entitled to a speedy trial. That said, why are you asking questions on this forum---instead, you should discuss this with your lawyer and if you do not have a lawyer at this point in time, then you need to get an attorney to represent you, as well as to protect your right to a speedy... View More

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1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Child Custody for New Hampshire on
Q: mywifes friend was in car accident,kids in car.all ok police found paraphrenalia and siezed car.can they take kids?

she has no recollection ,asnd her ex boyfriend allegedly got a call that dcyf is taking kids tomorrow.no one will speak to her.its sunday,happened sat.what can she do?

T. Augustus Claus
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answered on Dec 12, 2023

Your wife should take immediate steps in response to the complex situation.

If the Department of Children, Youth, and Families (DCYF) gets involved, she should cooperate fully, answering questions honestly and maintaining politeness.

It's crucial to gather relevant documents,...
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2 Answers | Asked in DUI / DWI for New Hampshire on
Q: Aftergetting guilty verdict dui bench trial.Mistakes made by judge.Should I put motion in pointing them out or on appeal
Albert Hansen
Albert Hansen
answered on Jul 28, 2023

File a Motion to Reconsider citing the issues of law or findings of fact you believe the Judge misapprehended. This must be done within 10 days of sentencing. If you are outside that 10-day window, file a Motion for Late Filing as well explaining why you were late. This tolls the 30-day appeal... View More

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2 Answers | Asked in DUI / DWI for New Hampshire on
Q: Aftergetting guilty verdict dui bench trial.Mistakes made by judge.Should I put motion in pointing them out or on appeal
Leonard D. Harden
Leonard D. Harden
answered on Jul 28, 2023

It is likely too late to undo or fix an error after a finding of guilty by a judge in district court. The best time to raise issues is before the trial with motions, or during the trial when the issues can be fixed. If you represented yourself the likelihood of preserving a legal issue for appeal... View More

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1 Answer | Asked in DUI / DWI for New Hampshire on
Q: End of dui bench trial. Judge said we had 10 days to get closing statement in. Would judge give prosecutor more time?
Albert Hansen
Albert Hansen
answered on Jul 27, 2023

The Judge could give the prosecutor more time if he or she asks for it and he or she has a good reason for asking for it.

1 Answer | Asked in DUI / DWI and Car Accidents for New Hampshire on
Q: Need to know what happened with my cases after I failed to appear in court. More details below.

1-ARRESTED OR RECEIVED 2010/07/09 SID- NH772089

AGENCY-POLICE DEPARTMENT LEBANON (NH0054400)

AGENCY CASE-TNH028105571

CHARGE 1-DRIVE/ OPER UNDER THE INFLUENCE-MISD B

2-ARRESTED OR RECEIVED 2010/07/14A SID- VT321608

AGENCY-HARTFORD PD WHITE RIVER JUNCTION... View More

Leonard D. Harden
Leonard D. Harden
answered on Aug 31, 2021

You will need to vacate the default and get put back on the trial list. The prosecutor will normally agree to this. Then we would proceed by getting discovery and analyzing your case. Sometimes older cases raise problems for the state as witnesses (police) may have retired and moved away. At a... View More

1 Answer | Asked in DUI / DWI for New Hampshire on
Q: if i have an intoxalock in my vehicle, am i allowed to drive work vehicles if they have samsara camera units in them?

the samsara has in vehicle cameras as well as watches seatbelt use,speed,following distance etc.

Leonard D. Harden
Leonard D. Harden
answered on Aug 23, 2021

If you are required to have an interlock device installed then it must be there or you can be charged with

265-A:37 Alcohol Ignition Interlock Circumvention. –

I. Any person required by the court or by the commissioner of safety after a hearing pursuant to RSA 265-A:36-a to...
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1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for New Hampshire on
Q: What should I do? I was arrested in 2011 and just vacated my warrant and set new hearing date.

I was arrested 10 years ago in New Hampshire for DUI and possession of marijuana. I was in the middle of moving out-of-state at the time, being a young and dumb 22 year old I left anyway without notifying the court or explaining to them my situation. Subsequently, I had a bench warrant placed out... View More

Albert Hansen
Albert Hansen
answered on Apr 26, 2021

You should definitely hire a lawyer. Feel free to call me at (207) 467-3767 for a free consultation.

1 Answer | Asked in DUI / DWI, Civil Rights, Constitutional Law and Gov & Administrative Law for New Hampshire on
Q: Once bookd at the pd for arrest if the cops let me read the miranda right aloud not them to me is that possible dismis

Was arrested for refusing breathalyzer, after passing field test. While being booked at the station, the officer started to read the miranda rights and I forget why I said, do u want me to read it? I think it's because he was flopping over words and with masks I cant hear him well anyways. He... View More

Leonard D. Harden
Leonard D. Harden
answered on Nov 22, 2020

This is a commonly asked question. I have answered it in a FAQ on the internet. http://nhcriminallaw.com/frequently-asked-questions/

Here is the law a about Miranda:

What if the police don’t read me my rights?

This is one of the most commonly asked questions....
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1 Answer | Asked in DUI / DWI for New Hampshire on
Q: I was charged with D.U.I 265:A2 I am from Florida and have to come back for hiring on Nov 5, 2020 What happens next
Leonard D. Harden
Leonard D. Harden
answered on Sep 2, 2020

It sounds like this hearing would be an arraignment. You should contact a qualified lawyer that focuses on DWI defense near the location of the town that charged you. I would suggest that you look for a member of DUIDLA or NCDD.

I have attached link to FAQ about court on my website:...
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1 Answer | Asked in DUI / DWI for New Hampshire on
Q: My 17 yr old got a dui in May 20. He did not take test. And had his license taken. His court date in June was canceled

with no future date. Can he get his licence back until he is proven guilty in court. New hampshire

Leonard D. Harden
Leonard D. Harden
answered on Aug 7, 2020

There are lots of variables. If the loss of license was from the DMV for a refusal he can pay a reinstatement fee after 6 months. I would encourage contacting a qualified DWI attorney.

1 Answer | Asked in DUI / DWI for New Hampshire on
Q: I got a class b dwi and class a agravated dwi. What does that mean?
Leonard D. Harden
Leonard D. Harden
answered on Jul 29, 2020

You have been charged in the alternative. You can only be sentenced on one offense. It is common for the state to charge both an aggravated and a DWI 1st in many scenarios: a test over .16, eluding police, high speed etc. If state fails to prove the aggravating circumstance then court can... View More

1 Answer | Asked in DUI / DWI for New Hampshire on
Q: Can you register a new car and drive it if you have an intoxilock in another vehicle?

Because my friend bought a new car and he has an intoxilock in his other vehicle

Leonard D. Harden
Leonard D. Harden
answered on Mar 16, 2020

It is a crime to operative any vehicle not equipped with the IID if so ordered.

265-A:37 Alcohol Ignition Interlock Circumvention. –

I. Any person required by the court or by the commissioner of safety after a hearing pursuant to RSA 265-A:36-a to install an ignition interlock...
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1 Answer | Asked in DUI / DWI for New Hampshire on
Q: Can I be charged with a DUI if I wasn’t under the influence
Leonard D. Harden
Leonard D. Harden
answered on Dec 4, 2019

Yes, a person can be charged with a DUI as long a police officer believes there is impairment from alcohol or drugs. This is a very subjective decision to charge a person. If you are charged with a DUI you should contact a lawyer that focuses their practice on defending them. I would encourage... View More

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... View More

Leonard D. Harden
Leonard D. Harden
answered on Aug 4, 2019

There is a case in NH that permits a chemical test to be admitted 2 hours after driving. The circumstances of request to test are important and make a difference. If advised of ALS rights, then the issue becomes was the rescission reasonable.

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1 Answer | Asked in DUI / DWI for New Hampshire on
Q: Is normal to be given 2 complaint slips? One for aggravated dui and claimed I eluded the officer, the other just a dui?

I saw a cop turn around and was nervous, he did not have his blues on. I pulled down a side street and parked in a random driveway. He then pulled up put his blues on and arrested me for dui after a field test.. but is trying to charge me for aggravated dui for eluding him, but why would he hand me... View More

Leonard D. Harden
Leonard D. Harden
answered on Jun 4, 2019

The charges are in the alternative. This means that the state may seek the enhanced penalty that an aggravated DWI carries if they prove the eluding. As a fall back the state can rely on the the DWI 1st offense.

It is important that you talk with a qualified DWI attorney ASAP. You have...
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1 Answer | Asked in DUI / DWI and Juvenile Law for New Hampshire on
Q: Can I represent a friend in a New Hampshire court of law?

I am an 18 year old civilian without a law license.

Andrew S. Winters
Andrew S. Winters
answered on Feb 17, 2019

Theoretically, the law allows for this. Read RSA 311:1: http://www.gencourt.state.nh.us/rsa/html/XXX/311/311-1.htm

HOWEVER, I would never recommend this to either the potential litigant or the person thinking about representation this way. It is very likely to end badly for all involved....
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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
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 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
Joseph Kelly Levasseur
answered on Nov 5, 2018

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

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