A bill recently introduced in the New Hampshire legislature to limit or prohibit officers from making arrests at sobriety checkpoints has sparked opposition from law enforcement agencies and other groups, according to a recent article in the Union-Leader.
Representatives of various law enforcement agencies and House representatives banded together to hold a hearing opposing the bill, which is now expected to be voted down in committee. Opponents argued that the bill would prevent law enforcement officers from taking suspected drunk drivers off the roads, which might endanger the lives of both the suspected impaired drivers and other drivers. Law enforcement officers pointed out that New Hampshire’s driving under the influence (DUI) rate is at its lowest point in 15 years, and they credited New Hampshire sobriety checkpoints with helping stop drunk driving.
The bill was introduced to limit the powers of police officers to arrest and search vehicles at sobriety checkpoints, which the bill’s sponsor believes violates drivers’ Fourth Amendment rights. Supporters of the bill also say that it will curtail unannounced or inappropriate sobriety checkpoints. In New Hampshire, a sobriety checkpoint must be approved by a court and announced via some advertising media at least one day before it is performed, but supporters say these rules are often overlooked.
Sobriety checkpoints are just one way in which law enforcement agencies try to identify and stop drivers suspected of DUI. If you or someone you care about has been arrested for or charged with drunk driving, please don’t hesitate to call a Manchester drunk driving defense lawyer at Tenn And Tenn, P.A. For a free and confidential consultation by telephone, call us today at (603) 624-3700.
New Hampshire law requires police departments to obtain a court’s approval before setting up an NH sobriety checkpoint to screen drivers for driving under the influence of alcohol (DUI). Researchers in the field of drunk driving prevention say that sobriety checkpoints work best when the community has plenty of notice about when and where the checkpoint will be. But what kind of sobriety checkpoint notice is required?
The New Hampshire Supreme Court ruled in State v. Hunt (2007) advanced notice isn’t required by New Hampshire law in order to make sobriety checkpoints constitutional. Rather, notice is strongly recommended by the state’s Attorney General, and most law enforcement agencies make an effort to give some kind of notice. In fact, the New Hampshire Supreme Court found that a same-day notice printed in one local newspaper was enough to make a sobriety checkpoint constitutional.
The Court stated that more notice would have been better, but that one same-day article was legally sufficient. More notice is also recommended by experts, who say that much of the deterrent effect of sobriety checkpoints comes from local drivers knowing they might be stopped, so they choose to avoid driving if they have been drinking at all.
If you or someone you love is facing drunk driving charges in New Hampshire, please don’t hesitate to call the experienced New Hampshire drunk driving defense lawyers at Tenn And Tenn, P.A. We are dedicated to fighting for the rights of those facing DUI charges and to seeking the best possible outcome for each person we represent. Call us today at (603) 624-3700 for a free and confidential case evaluation.
Many law enforcement attempts to stop drunk driving are focused on “deterrence,†or encouraging people not to drive when there is a risk they may be arrested on suspicion of breaking DUI laws. Although NH sobriety checkpoints and roving patrols will arrest people they suspect of breaking New Hampshire DUI laws, they are also intended to deter people from driving in the first place if they’ve had any drinks.
Deterrence is encouraged for several reasons, according to the U.S. Insurance Institute for Highway Safety (IIHS). First, police estimate that for every suspected drunk driver they arrest, anywhere from a dozen to a few hundred drivers violating DUI laws are never caught. Since police cannot be everywhere at once, they encourage people not to risk driving if they’ve also been drinking, lowering the number of impaired drivers on the road.
Second, police patrols use deterrence methods because they work. Research from the IIHS indicates that up to 9,000 accidents are prevented each year because of sobriety checkpoint alerts, ignition interlock devices, and media campaigns around holidays and other events that remind drivers to avoid getting behind the wheel if they’ve been drinking or using drugs.
At Tenn And Tenn, P.A., our experienced New Hampshire drunk driving defense lawyers are dedicated to protecting the rights of those charged with drunk driving and related crimes in New Hampshire. We carefully examine each client’s case to build an aggressive defense that fights for the best possible outcome for each person we represent. If you or someone you care about is facing a New Hampshire drunk driving charge, don’t hesitate to call Tenn And Tenn, P.A. today at (603) 624-3700.
Boaters who are convicted of certain crimes while on their boats could also lose their licenses to drive a motor vehicle in New Hampshire, under a bill passed recently by the New Hampshire Senate.
The bill allows the state’s Division of Motor Vehicles to suspend or revoke the driver’s licenses of boaters who are convicted of operating a boat recklessly or of causing death or injury to another in a boating accident. These convictions cover a wide range of situations in which alcohol or drug use may be suspected.
Operating a boat under the influence of alcohol or other drugs is currently prohibited in New Hampshire, but currently, a conviction on this charge usually results only in suspension or revocation of a boater’s license to drive a boat – not the person’s license to drive a car. If the Senate’s bill becomes law, however, a conviction for boating while impaired or intoxicated may result in the loss of a driver’s license as well as a boater’s license, even if the convicted person has never driven a car under the influence of alcohol or drugs (DUI).
If you or someone you love is facing drunk driving charges in New Hampshire, please don’t hesitate to contact the experienced New Hampshire DUI defense attorneys at Tenn And Tenn, P.A. We understand thoroughly the possible penalties you face, and we have the courtroom experience to fight to protect your legal rights and to seek the best possible outcome in your case. For a free and confidential consultation by telephone, call us at (603) 624-3700 today.
In New Hampshire, drivers who are arrested on suspicion of driving under the influence of alcohol or drugs (DUI) face an automatic license suspension or revocation. Whether the license is suspended or revoked and for how long depends on the drivers’ past history of DUI convictions. A license can be suspended or revoked even if the driver is later found to be completely innocent.
If your license has been suspended or revoked because of a DUI arrest in New Hampshire, you have a right to a hearing before the Department of Motor Vehicles to explain why you should not incur a license suspension or revocation. You are not required to have an attorney at this hearing, but you are allowed to have one represent you, and it’s a very good idea to get an attorney’s help. Experienced New Hampshire DUI defense attorneys frequently represent clients in license revocation or suspension hearings. They understand how these hearings work and can put together the best possible arguments in favor of getting you your license back – just like they do in court when fighting the DUI charge itself.
A drunk driving conviction carries serious penalties. Even an arrest or charge can affect your driving privileges, employment, and more. At Tenn And Tenn, P.A., our experienced New Hampshire DUI defense attorneys are dedicated to aggressively defending those charged with a DUI in New Hampshire and protecting his or her rights, while also seeking the best possible outcome in their case. For a free and confidential telephone consultation, call us today at (603) 624-3700, or toll-free at 1(888) 511-1010.
New Hampshire police must get court approval for an NH sobriety checkpoint, but once the checkpoint is in place, they may arrest anyone whom they suspect is breaking a New Hampshire law – not just those they suspect are driving under the influence of alcohol or other drugs (DUI). However, state representative George Lambert of Litchfield says this power goes too far – and he’s introducing a bill in the state legislature to limit it.
Currently, Rep. Lambert believes the police have too much power to make any kind of arrest at a sobriety checkpoint. Since these checkpoints are approved or denied by courts based on whether they will deal with potential DUI properly, but not other possible crimes, the representative believes that police powers at the checkpoint should also be limited to arresting people on suspicion of DUI – but not suspicion of other possible offenses, such as driving with a suspended license.
Opponents point out that checkpoints have been helpful at deterring several different types of possible offenses, not just DUI, because drivers worry about being arrested and so avoid driving if they suspect they’d be breaking the law by doing so.
At Tenn And Tenn, P.A., our experienced New Hampshire drunk driving defense lawyers are dedicated to providing an aggressive defense on behalf of each person we represent. We fight to ensure your legal rights are respected in court, and we also fight for the best possible outcome in each case we handle. If you or someone you love is facing drunk driving charges, call Tenn And Tenn, P.A. today at (603) 624-3700 for a free and confidential telephone consultation.
The Super Bowl is the highlight of the year for football fans, especially when a local team is playing. In 2012, the New England Patriots face off against the New York Giants. With both teams so close to home, New Hampshire Super Bowl parties are likely to be a blast this year. If you’re hosting a Super Bowl party, the NFL (National Football League) offers several ways you can help yourself and your guests avoid a New Hampshire drunk driving charge.
- Make sure all guests have a sober ride home before they break out the drinks. Designated drivers, taxis, and public transportation are all good options for those who want to enjoy alcohol during the Super Bowl.
- Give designated drivers the star treatment. Keep their non-alcoholic beverage topped off and give them the first shot at the snacks. Have designated drivers park in easy-to-reach spots, so it’s no trouble for them or their passengers to reach the car once it’s time to go home.
- Make sure guests drinking alcohol have snacks as well, which can help prevent them from becoming overwhelmed by intoxication – and missing the best parts of the game.
- Choose a time to stop serving alcohol, like one hour before the end of the party or at the end of the third quarter. Start passing around coffee and dessert at this time, and offer a variety of non-alcoholic drinks like soda, juices, and water.
A DUI conviction carries serious penalties. If you’re facing a DUI charge or arrest in New Hampshire, the New Hampshire DUI attorneys at Tenn And Tenn, P.A. can help you build an aggressive defense that protects your rights and fights for the best possible outcome in your case. Call us today at (603) 624-3700 for a free and confidential telephone consultation.
