2009 October Archive

According to New Hampshire’s WMUR Channel 9, road crews are working to install new guardrails in the center medians along portions of Interstate 93 and other New Hampshire roads and highways. Lately, multiple instances of vehicles crossing the centerline and driving into oncoming traffic have resulted in vehicle accidents, personal injury, and unfortunate deaths.

Although the New Hampshire Department of Transportation states that there is no safety issue at hand, and that the noted crashes resulted for inexplicable reasons, federal guidelines have been put into place which now mandates that guardrails be installed on divided highways that don’t have at least 50 feet of median in between them.

Though the question arose as to why guardrails were never installed on some highways in the first place, Department of Transportation officials reason that guardrails provide motorists with something to crash into in the same way that they provide a barrier from crashing into oncoming vehicles. Furthermore, the issue of expense was also highlighted as another reason why guardrails were not previously installed.

Unfortunately, motorists are relatively helpless against dangerous road conditions. While it is a motorist’s responsibility to adhere to the rules of the road, it is the responsibility of local municipalities to ensure that New Hampshire roads and highways are safe. Often times, uneven roads, obscured traffic signage, or even raw materials left over from highway construction crews can hinder a motorist’s ability to drive safely, and can ultimately lead to an accident where injury and even death may ensue.

If you or a loved one have been involved in a car accident, and you believe that road conditions may have played a contributing factor, don’t hesitate to contact the car accident attorneys in New Hampshire at Tenn And Tenn, P.A. Our auto accident lawyers will examine every detail surrounding your accident, and will help determine whether or not negligent action played a role. If you have been injured, please call a New Hampshire personal injury lawyer today at 1-888-511-1010 for a free evaluation of your personal injury case.

Source:http://www.wmur.com/news/21278677/detail.html

All is not lost if you submit to and fail a post-arrest breath test. While the evidence may seem relatively clear at the time, it is important to remember that a variety of factors can lead to inaccurate results. Regardless of your situation, it is imperative that you retain the services of a skilled criminal defense attorney that will help sort through the details of your arrest.

First of all, proper police procedure must always be followed. That is, all individuals that are stopped under suspicion of driving while intoxicated have to be made aware of their rights concerning a breath test. Arresting officers need to explain the individual’s right to refuse to a breath test, but must also inform the individual of the penalty associated with doing so. Furthermore, an arresting officer must first observe an individual prior to administering a breath test, and even after doing so, must properly administer the test. Results from breath tests need to be accurate also. If an intoxilyzer is not properly maintained or calibrated correctly, then test results may be inaccurate. Furthermore, the machine’s margin of error needs to be taken into consideration as well.

Failing a breath test will result in an administrative license suspension (ALS), but a hearing with the Department of Safety may be requested within 30 days of its issuance, or within 30 days of the individual’s arrest. Any information pertaining to improper procedure or inaccurate test results could result in a reversal of the suspension, as well as having your charges dropped. Specifically, use of an uncertified intoxilyzer, use of an improperly maintained intoxilyzer, a test having been administered by an unlicensed officer, or questionable test results are all circumstances that can reverse an ALS.

While New Hampshire law does allow prosecutors to charge a driver with a “per se DWI” for driving with an BAC greater than the legal limit, margin of error and other factors need to be taken into consideration on an individual basis to truly determine whether or not BAC was in fact higher than is permitted by law. In any event, it is important to have a skilled New Hampshire DWI defense attorney on your side to help mount a strong defense on your behalf.

If you have recently failed a breath test and have been charged with DWI, do not hesitate to contact an experienced criminal defense attorney at Tenn And Tenn, P.A. for more information on your legal rights. We have assisted many individuals facing DWI charges and are prepared to help you as well. Call us today at 1-888-511-1010 for a free telephone consultation.

Most people are under the assumption that it is perfectly acceptable to refuse to submit to an alcohol breath test, and that there aren’t any repercussions in doing so. However, while an individual is not necessarily deemed guilty in refusing a test, that individual is subject to certain initial mandatory punishment regardless of whether or not they were truly under the influence of drugs or alcohol while operating a motor vehicle.

An Administrative License Suspension in New Hampshire is imposed by the Department of Safety, and is automatic upon refusal to submit to any kind of post-arrest sobriety testing, including breath, blood, or urine. If an individual has no previous DUI offenses or sobriety test refusals on his or her record, then the suspension will only be for a period of six months. However, if an individual has either a previous DUI offense or test refusal on his or her record, then the suspension period more than doubles to two years. Also noteworthy is that an ALS does not run concurrently to other suspension sentencing, but consecutively, or in addition to, in the case of a refusal. Therefore, any suspension sentencing imposed by the court will not take the place of an ALS, but will be added to it instead.

An ALS can be challenged, but a petition needs to be filed with the Department of Safety within 30 days of your arrest or 30 days of your ALS issuance. Once a petition is filed, a hearing date will be determined. It is always a wise idea to retain the services of an experienced DUI defense attorney to help petition on your behalf. In all matters pertaining to DUI, a skilled criminal defense attorney is an individual’s best bet at mounting the strongest possible defense given the circumstances of the case. Remember, if you refuse to submit to a sobriety test, that refusal can be used against you in a court of law as evidence of probable guilt. This is why it is critical to make sure that you have someone on your side that will aggressively fight the charges, ensuring that your rights are not infringed upon.

If you have been charged with DUI, or would like more information about ALS, please contact the knowledgeable New Hampshire DUI defense lawyers at Tenn And Tenn, P.A. Our attorneys can assist you with all DUI matters, and will even provide you with a free telephone consultation to start things out. Call us today at 1-888-511-1010.

The State of New Hampshire recently purchased a $500,000 DWI Mobile Command Center which it uses at DWI road blocks throughout the State. The half-million dollar DWI Mobile Command Center was purchased to assist law enforcement in the rapid processing of individuals suspected of driving while impaired. In 2009, thousands of New Hampshire citizens will be stopped at police road blocks and questioned. Approximately 99% of the citizens who are seized and subjected to questioning by the police in these road blocks have committed no crime and have done nothing wrong to warrant being stopped.

New Hampshire police departments are receiving Federal grant money to conduct “sobriety check points” or DWI road blocks. New Hampshire law enforcement agencies argue that these DWI road blocks serve the dual purpose of detection and deterrence and, that despite the low number of arrests that are produced at these road blocks, they are an effective law enforcement tool in cracking down on impaired driving.

Unfortunately for New Hampshire citizens and visitors to our great State, the fact remains that DWI road blocks net very few impaired drivers. In 2008, DWI road blocks seized approximately 8,600 drivers and produced only 53 arrests for DWI. Comparing the low number of DWI arrests against the volumes of people stopped and detained at DWI road blocks, reveals the questionable effectiveness of the DWI road blocks.

If you or a loved one is being charged with a DWI crime, do not hesitate to contact the New Hampshire DWI defense attorneys at Tenn And Tenn, P.A. Our lawyers will examine the circumstances surrounding your DWI and will provide you the strongest defense possible. Please call us today for a free consultation at 1-888-511-1010.