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sobriety-checkpointAA-696x441-300x190A recent push to ban the use of sobriety checkpoints in New Hampshire died in the Senate on Thursday after a majority of senators rallied behind the practice.

By a vote of 16-7, the chamber voted down House Bill 1283, which would prohibit the use of the checkpoints by police departments. These checkpoints have been used in New Hampshire since 2003 as a means to deter and catch impaired drivers. Police departments throughout the state use the technique to block off stretches of roads and detain drivers to determine their sobriety. Although many contest the constitutionality of such stops and question their effectiveness, police departments argue that sobriety checkpoints, which can detain hundreds of motorists in a night, act as a powerful tool to combat drunk driving.

Under present NH law, local law enforcement agencies must obtain a Superior Court order first, and must publish the times and general location in a newspaper.

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Tenn And Tenn, P.A. Attorney Named 2018 ‘Lawyer Of The Year’ For Family Law in NH by Best Lawyers in America

Tenn And Tenn, P.A. congratulates Mary Elizabeth Tenn for being named the 2018 Lawyer of the Year for Family Law in New Hampshire by Best Lawyers in America. Mary previously received the Lawyer of the Year honor for the State of New Hampshire in 2016 and has been recognized regularly in Best Lawyers in America© annual ratings.marye-240x300

The Firm’s partners, James J. Tenn, Jr. (Family Law, Family Law Mediation, Personal Injury – Plaintiffs) and John J. Tenn (Personal Injury – Plaintiffs) also have been recognized in their respective fields by Best Lawyers in America©.

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New Hampshire Motorcycle Accident Lawyer

There is a saying among bikers, “There are two types of riders; those who have crashed, and those who will.” As a motorcycle accident lawyer and longtime motorcycle rider, I understand the enjoyment — and the risks — that come with motorcycling. As is the case with all other auto accidents, it only takes a single moment for a lifetime of johntennmoto-300x138consequences to follow. For more than 25 years I have represented motorcyclists and have aggressively pursued justice on their behalf to obtain maximum compensation for their injuries. The road to recovering from a motorcycle crash, both physically and financially is challenging. Let me help you get back on the open road again – John Tenn

What other riders say:

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A car accident in Epsom, New Hampshire proved to be a deadly one with one of the drivers perishing from the injuries. Three others were rushed to the hospital with non-life-threatening injuries.

The incident highlights how the legal doctrine of negligence per se can work in a car crash case.police-line-300x225 Continue reading →

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Many Americans, especially those with children, go through a yearly cycle of events. There is summer vacation, where families take trips together and enjoy the warm weather, followed by fall and the return to normalcy. And there is the collection of holidays at the end of the calendar year, followed by the return to work and the tiring days of winter in New Hampshire.divorcec-300x225

One way that these yearly cycles impact our lives is by influencing when married couples decide to divorce: According to the data, the month of March sees the most divorces.

Data Shows March is the Month of Divorce

In a paper published back in 2016, two researchers from the University of Washington – Julie Brines and Brian Serafini – went through divorce records from 37 of Washington’s 39 counties, and covered 2001 through 2015. While the researchers were originally looking for the impact of the Great Recession on the rate of divorces, they stumbled on a monthly trend in the number of divorces that was “very robust from year to year, and very robust across counties” that they covered.

While March proved to be the most common time to file for divorce, August came in a close second place. The months of October through January, on the other hand, saw a steep decline in the number of divorce filings in Washington, which was chosen for the study because divorce records were easier to obtain and search than in other states.

Post-Holiday Tensions Likely Behind March Spike

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On a map of the United States that marks in red the states in which the death penalty is legal, New Hampshire appears as though a solitary island of red amid a sea of blue (indicating non-death penalty states.) The Granite State is one of just 19 states (and the only state northeast of West Virginia) to employ the death penalty. At present just one person sits on death row in New Hampshire, a man by the name of Michael Addison, who was sentenced after killing a police officer in 2008. There is no execution facility in the state. Despite having been on the books for decades, no one has been executed in the state since 1939. deathpenalty38-300x169

A 2008 poll in the Monitor found that at least 57% of those polled were in support of the death penalty. Thirty-nine percent were in favor of life imprisonment without parole while 4% remained uncertain. Despite being little more than a theoretical deterrent than an actual, frequently sentenced penalty, New Hampshire lawmakers are trying once again to repeal the death penalty in the state. The repeal may prove more symbolic as its tangible results will be largely imperceptible to the public – the one man who currently awaits execution would still be executed even if it is repealed. At the very least, it may engender at least some peace of mind for those accused of crimes in New Hampshire and who are currently eligible for the death penalty.

Two previous efforts to repeal the penalty have failed with a tied Senate vote each time.“On average, it costs about $5 million to do a total death penalty appeals process and all the stuff that goes with it,” said Representative Bob Giuda, a sponsor of the bill. “That’s one significant reason.” Senate Bill 593 appears it will make it through the Senate this time; it has the support of 13 out of 24 senators.

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It has been a difficult year for former police officer Daniel Crevier, who now resides in New Hampshire. Formerly with the North Andover Police Department, Crevier was accused of crashing an unmarked police cruiser while in Pennsylvania. He received three different DUI-related charges in the state. It appears Crevier will not go to trial. His case was accepted for a program unique to Pennsylvania – Accelerated Rehabilitative Disposition (ARD) — a pre-trial intervention program for non-violent offenders with little or no prior record.DWI8-300x225

After the September 2016 DUI incident, his case spent more than a year in Pennsylvania courts being adjudicated. He had been in Pennsylvania for a training seminar and went for a drink with a fellow officer from his department. He was accused of crashing the cruiser “into a construction vehicle parked away from the main roadway and left the scene without notifying local police.” According to police reports, he registered a .219 BAC. Despite these factors, which could have meant harsher sentencing if the prosecution prevailed, Crevier was approved for the innovative ARD program, “provided he consume no alcoholic beverages, pay fines associated with his case — assessed at $2,361.80 — and complete an alcohol safe driving course.” Continue reading →

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Divorce is already a very emotionally taxing experience, the pain of which is only exacerbated when things don’t proceed amicably. Some people are saddened at the prospect of ending their marriage, some are relieved and grateful to put a perceived mistake behind them. Regardless of your perspective on the dissolution of your marriage, it is a universal truth that amicable divorces are easier and preferable. The last thing one needs to deal with during this potentially rough transitory period is a series of ugly divorce proceedings, accusations, asset-hiding, or general vitriol and backstabbing. Luckily, there are certain measures you can take to provide for an amicable divorce that moves smoothly and swiftly. Peaceful divorce is not a myth. It is well within reach if you are intentional in your pursuit of it and diligent about avoiding the pitfalls that could make things take a turn for the nasty.https://www.nhlegalblog.com/files/2018/03/divorce-marriage.1200w.tn_-300x157.jpg Continue reading →

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The short answer is yes. In fact, one such case took place in New Hampshire recently. But before exploring the particulars of this case, we can explore the ways in which speed and other traffic violations can result in DUI charges and why.StopSpeeding-flyer-300x285

Traffic Stops & DUIs

Simply put, reasonable suspicion of criminal activity gives way to DUI charges. The police need a reason to pull you over. When you speed, run a red light, drive with a broken tail light, or make an illegal turn, for example, you are all but inviting a police officer to pull you over. If your behavior creates suspicion that you are driving under the influence, regardless of whether or not that suspicion is entirely justified, then the officer may ask you if you have been drinking or ask you to complete field sobriety tests.

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Last month, a limited legalization bill was passed in New Hampshire, allowing adults to possess up to three-quarters of an ounce of marijuana. The bill also permitted the cultivation of up to six marijuana plants, three of which could be mature. It would be legal to possess an amount of marijuana in excess of the allotted three quarters so long as it was stored with the plant that produced it. This bill, passed in a 207-139 vote, overturned the decision of a House committee that had recommended against its passage last November. The bill had since been amended and subsequently passed. A commission is still weighing the possibility of legalizing retail sales of the substance. The University of New Hampshire published four consecutive polls that showed at least 60% of state residents were in favor of legalization.Marijuana-PotPenalties-300x197 Continue reading →