2010 May Archive

The New Hampshire State Supreme Court recently ruled in a 3-2 opinion that suspected drunk drivers who take a breath test will continue to receive two test-tube samples of their breath, despite attempts by lawmakers to do away with this practice. New Hampshire remains the only state to provide breath samples to drivers charged with DWI.

The Intoxilyzer 5000 is the only breath-test machine that allows for breath capture, but the device has recently come under significant scrutiny, based on a Union-Leader article. According to a qualified New Hampshire chemist who regularly tests breath samples, the Intoxilyzer breath-test machine used in NH has several significant problems. It cannot distinguish ethanol from rubbing alcohol, wood alcohol, certain types of paints, furniture strippers and methanol rubs. In addition, there are concerns about the machine’s voltage fluctuation and calibration.

Law enforcement officials have argued that the second breath sample requirement has prevented the state of New Hampshire from keeping up with more reliable technology. The two dissenting justices sided with law enforcement officials on this issue. However, the three justice majority was primarily concerned with preserving the due process rights of the accused.

If you have been charged with a DWI in the state of New Hampshire, it is vitally important that you contact an experienced New Hampshire DWI defense lawyer. The lawyers at Tenn And Tenn, P.A. will stand up for your rights and ensure that your case is handled fairly. If law enforcement officials rely on evidence that was illegally obtained, or is otherwise unreliable, our drunk driving attorneys in New Hampshire will mount a vigorous challenge to the charges being held against you. Call 1-888-511-1010 to discuss your case in a free consultation with an attorney at Tenn And Tenn, P.A.

Goffstown, New Hampshire houses a population of more than 17,500 residents (according to the 2008 U.S. Census), and stretches 37.6 square miles in size. With a population density of 473 people per square mile, an overwhelming 71% of residents commute out of Goffstown city limits for work. Of the total number of commuters who travel Goffstown’s roads and highways each year, more than 80% typically drive alone, translating to a large number of motor vehicles traveling through Goffstown at any given moment.

For Goffstown motorists who are accused of driving under the influence (DUI), there is legal recourse that can be taken to clear one’s good name. An experienced Goffstown DUI attorney can examine the circumstances under which you were arrested, and look for instances where blood alcohol test results may have been inaccurate or arrest procedure may have been flawed. Even though accusations can be problematic, they don’t mean that an individual is guilty.

It is recommended that the services of a skilled Goffstown criminal defense attorney are retained when an individual is arrested to ensure that his or her rights are not infringed upon. At Tenn And Tenn, P.A., our Goffstown DUI and criminal defense attorneys will mount a strong defense on your behalf and help you achieve a successful outcome in your case. If you have been charged with DUI in Goffstown, please don’t hesitate to contact us for a free telephone consultation. Call 1-888-511-1010 today to learn more about how Tenn And Tenn, P.A. can assist you with your DUI case.

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The New Hampshire State Liquor Commissioner has been charged with driving while intoxicated after being arrested on Saturday, April 17. According to a wmur.com article, the Commissioner was pulled over near Gilford and failed a field sobriety test before refusing to submit to a breathalyzer. He was taken to Belknap County Jail and charged with driving while intoxicated and speeding before being released on $1,000 personal recognizance bail.

Field sobriety tests (SFST’s) in New Hampshire are subjective experiments conducted by law enforcement officials to determine if a person was driving while impaired. These tests are performed in order to evaluate coordination, mental awareness, motor function and ability to pay attention. A person may refuse to submit to such tests by communicating to the officer that he/she wishes to speak to an attorney. Given their subjective nature, field sobriety tests are prone to inaccuracies and flaws. For example, it is possible to fail such a test due to nervousness, poor balance or a legitimate medical condition. If you have been subjected to field sobriety tests and subsequently charged with DWI, you will need to contact a New Hampshire DWI lawyer who can help you contest the officer’s subjective findings and the charge.

The skilled and aggressive DWI lawyers at Tenn And Tenn, P.A. may be able to establish that such SFST’s tests were flawed, inaccurate or that the results were otherwise wrongly interpreted. Before you plead guilty to a DWI in New Hampshire, speak to an experienced DWI lawyer in New Hampshire about your case. The attorneys at Tenn And Tenn, P.A. frequently handle criminal and administrative hearings related to DWI charges, and are here to ensure that your case is handled effectively. Call 1-888-511-1010 for an immediate free consultation.

As New Hampshire Bar Association President and practicing attorney at Tenn And Tenn, P.A., James J. Tenn emphasizes in a New Hampshire Bar Association News article the impact attorneys can have if they become more actively involved in speaking out about how cost reductions are hurting the justice system. While the closing of New Hampshire courts is a response to financial crisis in the state, lawyers are concerned about an increase in court delays, fewer available court dates, and other inconveniences for timely cases that individuals are relying on to be resolved promptly.

Courthouses throughout New Hampshire shut their doors on April 2, 2010 and again on April 30 as a part of the NH Supreme Court’s response to the state’s current financial calamity. The courthouses will close again on May 28 as well as on additional dates yet to be disclosed. On these days of closure, judicial branch employees take unpaid furloughs to help with the state legislature’s decision to lower judicial expenditures by at least $3.1 million dollars by June 30, 2011 as part of an anticipated state expenditure decrease of $25 million dollars.

The judicial branch plans on closing NH courts 17 days in 2010 and an additional number of days in 2011. James J. Tenn reminds attorneys and citizens alike how critical the preservation of access to justice is even during challenging times presented by a struggling economy. In the article, Mr. Tenn states, “The proper administration of justice requires that our court system remain accessible. Adequate funding is needed to ensure that sufficient staff is on hand to keep our courts open and the process moving.”

In stressing the importance of citizens of New Hampshire having access to a process of justice, Mr. Tenn asserts that furloughs should be a temporary measure, not an ultimate solution to a budget problem.
To learn more about what you can do to help the courthouses stay open and provide the people with access to justice, please visit the Why We Care website created by the New Hampshire Bar Association to gather and distribute information about the harmful consequences of limited funding upon our judicial system.

Located in Hillsborough County, Nashua comes in second behind Manchester as the largest city in New Hampshire. In being named, more than once, as the “Best Place to Live in America” by Money magazine, Nashua had an approximate population of 86,576 in 2008. Nashua was ranked as number 27 on the list of the safest cities in the U.S. compiled by the Morgan Quitno Press which researches crime rates, health care, education, and other categories. Although Nashua is recognized as a safe city in New Hampshire, arrests are sometimes made for drunk driving.

DUI charges in Nashua and throughout New Hampshire should not be taken lightly. A person arrested for drunk driving faces the potential punishment of having their license suspended, being fined substantial fees, serving jail time, having points added to their driver’s license, and having to attend an impaired driver intervention program. A person charged with DUI may find it beneficial to their case and their future to contact an aggressive and knowledgeable Nashua DUI defense attorney. Considering the intricate legal and financial matters involved with a drunk driving arrest, there is no time to waste in contacting a lawyer who will conduct a thorough investigation into the accuracy of field sobriety tests, hand-held preliminary breath tests, and examine other issues surrounding your arrest.

In order to ensure that everything possible is done to help you keep your driving privileges and obtain a positive outcome in your case, contact the skilled Nashua criminal DWI lawyers at Tenn And Tenn, P.A. We have a long history of defending those charged with drunk driving offenses. Whether you or someone you know has been charged with DUI, obtaining quality legal assistance is essential. For more information about how Tenn And Tenn, P.A. can help, please call 1-888-511-1010 for a free consultation or visit www.tennandtenn.com.

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A Hampstead woman stands accused of attempting to run over a store clerk and crashing her vehicle into a local donut shop. According to a Union Leader story, the woman has been charged with driving while intoxicated, conduct after an accident, operating without a valid license, three felony counts of reckless conduct, disorderly conduct and criminal mischief.

According to law enforcement officials, the woman became belligerent after a store clerk at a local market, X-tra Mart, refused to sell her alcohol on account of her non-driver’s ID. The clerk reported that the woman appeared intoxicated upon entering the store. She and the clerk became engaged in an argument, and both exited the store, with the woman entering her vehicle and allegedly attempting to run the clerk over. The woman ultimately lost control of her vehicle and crashed into a Honey Dew Donuts shop, which was attached to the X-tra Mart.

The donut shop incurred exterior property damage, and an employee of the shop received a minor leg wound. After hitting the donut shop, the woman allegedly backed her vehicle away, before heading onto Route 111 and again crashing her vehicle down an embankment, where she was later arrested.

DUI charges are often accompanied by additional allegations, especially in situations where the driver‘s alleged recklessness leads to property damage or physical injuries. If you have been charged with DUI or other driving while impaired offenses in New Hampshire, you will need to be represented by an experienced attorney with a multi-faceted practice who is capable of handling the defense of multiple crimes.

The Hillsborough County criminal defense lawyers at Tenn And Tenn, P.A. maintain a broad criminal practice, and will be able to immediately and effectively counsel you not only with respect to your DUI charge, but any additional charges as well. Call 1-888-511-1010 today to speak with one of our experienced New Hampshire DUI defense attorneys and schedule a free consultation.

According to the 2008 U.S. Census, Bedford, New Hampshire houses a population of 21,122 residents, and has a population density of 644.9 people per square mile. A suburb of Manchester, New Hampshire’s largest city, Bedford is part of Hillsborough County and stretches 32.8 square land miles in size. Sporting one of the highest personal income averages in the state, Bedford is home to families and singles alike.

With so many motorists blanketing Bedford’s roads and highways, there is certain to be an influx of law enforcement personnel keeping a lookout for those individuals who appear to be driving while under the influence. However, field sobriety tests can be inaccurately measured, blood alcohol testing equipment can be improperly calibrated, and arresting officers can mistakenly accuse an innocent motorist of DUI. An experienced Bedford DUI defense attorney will investigate all circumstances surrounding an arrest to ensure that an individual’s rights were not infringed upon.

Though the average Bedford resident doesn’t expect to ever be arrested for a crime, arrests are made from time to time and often leave a person feeling overwhelmed. With any arrest, it is essential that every detail surrounding the circumstances of that arrest be thoroughly investigated to ensure that procedures were properly followed. The best way of ensuring this is to retain the services of an experienced Bedford DWI attorney who will mount a strong defense on behalf of the accused. At Tenn And Tenn, P.A., our skilled Bedford DUI attorneys will fight to protect your rights. If you have been charged with driving under the influence or another crime in Bedford, please contact us for a free telephone consultation. Call 1-888-511-1010 today.

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