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Articles Tagged with DUI Attorneys

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Just as the National Highway Transportation Safety Administration (NHTSA) has developed a DWI Detection Process for motor vehicles, they have also created specific guidelines in the “Detection of DWI Motorcyclists.” The creation of this guide came in response to law enforcement officers believing it to be impossible to distinguish between impaired and unimpaired motorcyclists. NHSTA researchers analyzed over 1000 motorcyclist DWI arrest reports and interviewed law enforcement personnel in order to compile a list of 100 cues that had already been used by officers in the identification of impaired motorcyclists.motorcycle-dui-e-300x200

The NHTSA conducted two field studies on 50 different sites throughout the United States and the compilation of the results allowed researchers to highlight the most effective cues available and as a result produced the “Motorcycle DWI Detection” Guide. Out of the 100 cues compiled by NHTSA, 14 cues have a higher probability to discriminate between impaired or unimpaired motorcycle operation.

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Irish green is about to cover all of New Hampshire next week, and it won’t be from spring time grass,  just yet. St. Patrick’s Day, March 17th, is fast approaching and plans for state-wide festivities are in full gear. One of the largest parties this year will be at the St. Patrick’s Day Parade in Manchester on March 30thSt. Paddy's Day

Along with large parties and green beer comes increased police presence and an increase in the chances of being involved in an accident. In fact, there are thousands of people each year who are involved in car accidents related to alcohol. One third of all traffic fatalities are alcohol related, and many of those drivers have twice the legal limit in their systems at the time of the crash. Because of these sobering statistics, it is vital that anyone planning to paint the town green be safe and know their limits this St. Patricks day.

Planning Your Night

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Diabetes & DWI in NH

Diabetes and DWI in NHAs the saying goes……If it walks like a duck and quacks like a duck, it must be a duck. Right?  Well maybe not if you’re talking about DWI and diabetes.  Police officers are quick to believe that a motorist is impaired from alcohol based on very few signs and symptoms of impairment. Oftentimes, an odor of alcohol alone will change a routine motor vehicle stop into a full blown DWI investigation.  As it is, police officers have minimal training in detecting impaired drivers. And, the training they do have-most of which is based on junk science-is believed by many to be accurate and reliable indicators of DWI. In reality, once a police officer detects a few signs and symptoms of potential impairment, harmless reasons for such symptoms are quickly overlooked or cast aside as the DWI investigation proceeds.

For the diabetic driver, a legitimate medical condition can be easily confused with DWI impairment. Diabetics commonly experience hypoglycemia (low blood sugar levels).  This condition can produce symptoms which include slow and slurred speech, poor balance, staggering, drowsiness, flushed face and disorientation. These are the very symptoms of impairment that police officer are trained to equate with alcohol intoxication! For this unlucky driver—a DWI arrest is looming. This person will look, sound and act like a drunk driver to the investigating officer, and will certainly fail any field sobriety test.   As one expert in the field stated:

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As NH DUI Lawyers, we are often asked by clients if the police mishandled the DUI arrest by not reading them their Miranda rights.   “Miranda” rights, as they are popularly known, stem from the United States Supreme Court case of Miranda v. Arizona.  In New Hampshire, Miranda applies to interrogations when a person has been arrested or taken into custody.  As such, Miranda applies after you have been arrested and the officer continues to interrogate you.

mrianda (1)During the typical police encounter for a possible DUI, our local courts have ruled that the questions asked by police on the side of the road during their investigation are permissible custodial interrogations for Miranda purposes. As such, the police are under no obligation to advise you of your rights.  In the typical DUI arrest, roadside field sobriety tests are non-verbal statements and are also not covered by Miranda.  Because pre-arrest questions do not require Miranda, police officers are trained to obtain as much information as possible prior to placing you under arrest.

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