Law & Information

New Hampshire representatives are considering a bill to increase New Hampshire’s maximum speed limit from 65 miles per hour to 70 miles per hour, mostly on freeways. However, the debate continues as to whether increasing the speed limit is a good idea, or if it will cost more than it’s worth, according to a recent editorial in the Concord Monitor.

Proponents of the change point out that many drivers already travel at or near 70 miles per hour on New Hampshire’s highways. Since accidents have not increased dramatically in recent years, some proponents state that motorists who travel at or near 70 have proven that this is a safe speed, at least during good road conditions.

Those who are against the new law, however, point out several risks. First, by increasing the legal speed limit to 70 miles per hour, the legislature may be encouraging drivers who are already comfortable going five miles per hour over the speed limit to add another five miles per hour - bringing their average speed up to 75 miles per hour. Second, these drivers may be using cell phones despite New Hampshire’s recent ban on texting while driving. Distracted driving at high speeds can cause serious accidents.

Finally, the speed limit is designed to reflect the maximum safe speed at ideal road conditions: a dry, sunny day without excessive traffic, wildlife, or other obstacles. If the posted speed limit is 70 miles per hour, however, drivers may feel it’s safe to drive faster on days with bad road conditions which may also increase the risk of crashes.

If you or someone you love has been injured in a New Hampshire car crash, the experienced Manchester car accident attorneys at Tenn And Tenn, P.A. can help. Call us today at (603) 624-3700 for a free and confidential phone consultation.

Drivers of cars, trucks, and other motor vehicles should always be on the lookout for motorcycles. Unfortunately, motorists don’t always notice bikes on the road until it’s too late to avoid a collision. However, if a motorcyclist chooses the right motorcycle safety gear, it can prevent an accident from turning into a tragedy, according to the Motorcycle Industry Council.

To help protect yourself in the event of a motorcycle crash, consider using the following safety gear:

• Motorcycle helmets. New Hampshire is one of only three states in the U.S. without a motorcycle helmet law, but that doesn’t mean you should overlook this valuable piece of safety equipment. Choose a full-face helmet or wear separate eye protection to keep bugs and debris out of your eyes.
• Leather or armored jackets. Both types of motorcycle jackets offer some protection from road rash if you skid across the pavement in a New Hampshire motorcycle crash.
• Pants. Full-length leather or armored pants not only protect you in an accident, they also keep your legs from being burned on hot motorcycle engine parts and protect you from rocks that may fly up from the road while you ride.
• Boots. A sturdy pair of leather boots can help prevent you from dislocating an ankle or suffering other leg injuries in a crash.

You can’t always prevent a motorcycle accident in New Hampshire from occurring, but motorcycle safety gear can help protect you from suffering severe injury or death. If you need help after a motorcycle accident, please don’t hesitate to call the experienced New Hampshire motorcycle accident lawyers at Tenn And Tenn, P.A. We have a successful track record representing those injured in motorcycle crashes in New Hampshire, and we can help you fight for the compensation you deserve. For more information about how we can help, call the law office of Tenn And Tenn, P.A. at 1-888-511-1010 today to schedule a free case evaluation.

Due to the increase in motorcycle-related injuries and deaths since the late 1990s, the National Transportation Safety Board (NTSB) is now pushing for laws that require riders to wear helmets in all fifty U.S. states, reports The Concord Monitor.

Although the number of other transportation accidents has gone down in the last decade, the number of accidents involving motorcycles has gone up, according to the NTSB. The number of transportation accidents overall has also gone up, as the increase in motorcycle accidents more than made up for the decrease in train, plane, and boat crashes.

According to the NTSB, the most common cause of death in a motorcycle accident is head injury. The NTSB estimates that thousands of lives could be saved if all fifty states required motorcycle riders to wear helmets. Compared to other countries, transportation fatality rate in the U.S. is quite high, in part because motorcycle riders may choose in most states whether or not to wear helmets. Currently, only 20 states in the U.S. require all riders to wear helmets. Several other states only require helmets for certain riders or in certain situations. New Hampshire, along with Iowa and Illinois, does not have a motorcycle helmet requirement.

Wearing a motorcycle helmet is a smart move for all motorcyclists. Unfortunately however, a helmet may not prevent every injury if a careless or negligent driver collides with your bike. If you have been injured in a motorcycle accident in New Hampshire, you have certain legal rights. The experienced New Hampshire motorcycle accident attorneys at Tenn And Tenn, P.A. can help you understand your rights and options, and we will fight hard to win you the compensation you deserve. Call Tenn And Tenn, P.A. today at 1-888-511-1010 for a free and confidential 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.

Chairman of the Board of Selectmen in Westminster was arrested this past weekend in Jaffrey, New Hampshire for driving while intoxicated. According to an article on Telegram.com, the 29-year-old man was arrested Friday March 5, 2010 after he lost control of his Chevrolet pickup truck and struck a tree before ultimately crashing into a snowbank.

Police received an anonymous call reporting a single-car crash and arrived at the scene around 6:40 p.m. The driver then took a Breathalyzer test, blowing a .12. The legal Blood Alcohol Content limit for driving in New Hampshire is .08. Police proceeded to the station where the chairman was charged with driving under the influence of alcohol.

DUI and DWI offenses in the state of New Hampshire can lead to devastating consequences. Often times, police will confiscate the license of the arrested person and issue a notice for a 30-day suspension, which could be extended, pending a court decision. Fortunately, there is a way for those accused of DWI to get help. What many people do not realize is that breathalyzers and field sobriety tests are not always accurate; and many arresting officers are unfamiliar with proper procedures or fail to follow directions when using such devices.

Laws and regulations for driving under the influence of alcohol have changed significantly over the past few years. If you have been charged with a DUI or DWI, an experienced New Hampshire criminal defense attorney can help you navigate the legal system and achieve the best possible outcome for your case. The DUI defense lawyers at Tenn And Tenn, P.A. have a long history of aggressively defending our clients. Call us today at 1-888-511-1010 for a free and comprehensive evaluation of your case.

Source:http://www.telegram.com/article/20100309/NEWS/3090319

Individuals who are convicted of either aggravated DWI or of a second or subsequent DWI offense, must complete New Hampshire’s seven day residential Multiple Offender Program (MOP). The cost of the program is approximately $1,500, and is to be paid out-of-pocket by the individual required to attend the program. The MOP represents but one requirement set forth by the state of New Hampshire that must be completed by individuals found guilty of DWI.

The Department of Health and Human Services maintains information about New Hampshire MOPs and other, state-approved equivalent programs. After completing of the program, continuing after-care recommendations will be decided upon. After all necessary treatment has been completed, license and driving privileges may finally be restored.

For drivers who do not have a prior DWI conviction, enrollment in and completion of the Impaired Driver Intervention Program (IDIP) is required. This program takes the form of a twenty hour course that must be completed prior to license privileges being restored. Just like the MOP, successful completion of this course is followed up with an evaluation process to determine whether or not the individual requires any after-care treatment before license and driving privileges may be restored.

It is recommended that all individuals accused of DWI in New Hampshire retain the services of an experienced DWI defense attorney who will carefully examine every detail of your case. At Tenn And Tenn, P.A., our skilled New Hampshire DWI defense lawyers will fight to ensure that your rights are upheld in a court of law. If you have been accused of DWI in New Hampshire, don’t hesitate to contact us today for a free case consultation. Call us at 1-888-511-1010 for more information.

If you are found guilty of driving under the influence of either drugs or alcohol, chances are you will have to attend and complete the Impaired Driver Intervention Program (IDIP). After being convicted of a DWI, individuals are often required to enroll in such programs at their own expense, and provide proof of the program’s completion upon doing so. Successful enrollment in and completion of the program is necessary to have your license and driving privileges restored.

The Impaired Driver Intervention Program in New Hampshire is a twenty-hour course that is meant to rehabilitate and warn individuals convicted of DWI of the dangers associated with driving while impaired. As stated, the program must be completed before a license suspension is lifted. For the sake of convenience, an intensive weekend course is available in New Hampshire. For those individuals convicted of DWI in the state of New Hampshire, but who live in another state, an IDIP may be completed out-of-state, but it is important that the out-of-state IDIP is recognized by the state of New Hampshire as acceptable.

Successful completion of the IDIP will culminate with an evaluation to determine whether or not follow-up treatment is required. If follow-up treatment is deemed necessary, then the individual’s license will not be restored until the follow-up treatment is successfully completed as well. Follow-up treatment is automatically recommended if the individual was found to have a blood alcohol concentration (BAC) greater than 0.16, or a BAC greater than 0.08 if the individual is younger than 21 years of age. Furthermore, if an individual is found guilty of multiple alcohol or drug-related vehicle arrests, then that individual too will be required to seek follow-up treatment to the IDIP.

If you have been charged with DWI, don’t hesitate to contact a skilled DWI attorney at Tenn And Tenn, P.A. Our New Hampshire DUI lawyers will provide you with the strongest possible defense given the circumstances of your DWI arrest. Call us today at 1-888-511-1010 for a free telephone consultation.

Source:http://www.tennandtenn.com/practice/criminal/dwiduifaq.html#12

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.