Daniel Hynes

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DUI Checkpoints in New Hampshire

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Its summer time, and that means DUI checkpoints are on the rise in New Hampshire. In order to do a DWI checkpoint in NH, the police must apply to the superior court and lay out how the checkpoint will be conducted. Such as, will every car be stopped, etc. The police must also give warning about the checkpoint. Some police websites notify that they will be doing them, and some newspapers mention it. Certain police departments tent to do them more than others. Some of the ones I have seen recently include the State police, Concord, Hudson, and Manchester.

If you were arrested at a DUI checkpoint and are going to fight your case, you must be prepared to argue the sobriety checkpoint did not meet constitutional requirements. A motion to suppress should be filed prior to trial and you must get the application that was made to the Superior Court to see if the checkpoint exceeded its parameters.

If if the checkpoint was valid, there usually is not bad driving at a checkpoint. To obtain a DWI conviction, the state will want to show your ability to drive was impaired due to alcohol. By showing your driving was normal, you can build up your best defense to obtain a not guilty verdict. If you were stopped at a checkpoint and are going to fight your case, give one of our NH DUI Lawyers a call to discuss your defenses.

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Guest Saturday, 24 October 2020