Daniel Hynes

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If you have been arrested for DWI you likely posted bail to be released pending trial. Bail is a way to ensure that you show up to court dates. In New Hampshire, for most first offense dwi charges you will be released on your own personal recognizance (PR) bail. Some judges set cash bail for Aggravated DWI or second offense DWI.  After paying the bail commission $40 to set bail you will be released from jail on your promise to appear to court. Other bail conditions typically include remaining on good behavior, not driving until a certain date, and sometimes not to consume alcohol or possess a gun.

If you fail to show up to court when scheduled, you will likely forfeit your bail, have a bench warrant issued, and have to post cash bail. If there is some sort of emergency, do your best to contact the court and notify them you will be late or unable to make it. If you have had prior continuances, it is much more likely the judge will deny the continuance, especially if the case was scheduled for trial.

Once you hire a New Hampshire DWI attorney to represent you, stay in contact with that attorney. While some courts schedule things quickly, other courts do not schedule trials for many months. If you do not know when your trial date is, give your lawyer a call to find out.

Additionally, if you hire a lawyer and happen to default, that lawyer will be in a much better position to argue to the judge why a bench warrant for your arrest should not be issued.

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http://www.latimes.com/news/nation/nationnow/la-na-nn-drunk-driving-raise-threshold-20130514,0,3496194.story

Although DWI arrests are constantly declining: "With drunk driving still a stubborn national problem that accounts for one-third of all traffic deaths, federal safety regulators on Tuesday called on states to take a dramatic step: lower the legal limit for drivers’ blood-alcohol content from 0.08% to at least 0.05%.

The National Transportation Safety Board also called for government incentives to prod states into lowering their drunk-driving standard.

"Most Americans think that we’ve solved the problem of impaired driving, but in fact, it’s still a national epidemic,” said NTSB Chairwoman Deborah Hersman. Research shows that drivers with a blood-alcohol content, or BAC, above 0.05% "are impaired and at a significantly greater risk of being involved in a crash where someone is killed or injured."
In certain cases, a person can get a .05 BAC by having just one drink.    

The recommendation comes about 13 years after President Clinton signed legislation requiring states to set a 0.08% blood-alcohol level or lose millions of dollars in federal highway funds."

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There have been a lot of celebrities arrested for DUI lately. This case is interesting in some of the potential "defenses" the person has tried arguing.

http://www.tmz.com/2013/03/20/farrah-abraham-arrested-dui-teen-mom-mtv/

"Farrah blew a .147 -- nearly twice the legal limit, according to the police report.

She went on TMZ Live days after the arrest and claimed she did nothing wrong -- that people had been feeding her drinks ... she was "put in a bad situation" by her sister ... was only re-parking her car ... she had a sober friend with her ... plus she had a bad cough and couldn't blow properly."

If her State is one that requires a public way element to DWI, then parking a car, might be a defense if she was on private land. Put in a bad situation, sounds like a poor defense, but at some point, someone can argue competing harms. For example, if you are driving to a hospital, that might be justifiable DWI (In hundreds of cases, I have never presented a justifiable DWI defense, so it is incredibly rare). Finally, many things can affect the result of a breath test. Not sure how having a sober friend with her is any sort of defense (if anything it could make the situation worse). Instead of arguing a bad cough, a better argument would be that she consumed couch medicine with contained alcohol. Overall, I am guessing her lawyer is not very happy about her making these statements. If you are arrested for DWI, please exercise your right to remain silent until you speak with a lawyer.

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In New Hampshire if you are found guilty/plead guilty to aggravated DWI, or subsequent offense dwi, the interlock is mandatory. It is discretionary in other cases.

http://autos.yahoo.com/blogs/motoramic/why-life-breathalyzer-blows-those-caught-drinking-driving-163809209.html

"About 1.2 million Americans were arrested for driving while under the influence in 2011, and drunk drivers cause roughly a third of the fatal accidents on U.S. roads every year."

"

All states have laws requiring some convicted drunk drivers to use ignition interlock devices, and in 14 states, you have to blow to drive after your first offense — and in some states, can be required even after an arrest that doesn't end in a DUI conviction. Such systems not only keep cars from starting if they sense alcohol, but can keep track of a driver's tests and be customized by authorities for different levels of warnings.

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http://news.yahoo.com/diet-regular-choice-alcohol-mixer-affects-intoxication-210556806.html

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The simple choice of whether or not to mix liquor with a diet or regular soda may affect how intoxicated you get, a new study suggests.

In the study, men and women ages 21 to 33 who drank vodka mixed with diet soda had breath alcohol concentrations that were 18 percent higher after 40 minutes compared with people who drank the same dose of vodka mixed with regular soda.

In fact, after three to four drinks, people who used diet soda as a mixer had a breath alcohol level that exceeded the legal limit for an adult operating a motor vehicle. People who used regular soda in their drink did not.

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http://eastprovidence.patch.com/articles/dui-attorney-pleads-not-guilty-to-second-drunk-driving-charge

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An East Providence lawyer who specializes in DUI cases pleaded not guilty in 6th District Court on Thursday, Jan. 17, to East Providence police charges that she was driving drunk when her vehicle struck another vehicle on Warren Avenue.

It is the second time she has been charged with a DUI in the past year – the first time was in Barrington last March."

"She was charged on Sunday evening, Jan. 13, after her vehicle reportedly crashed into a parked vehicle at 512 Warren Ave. Officers reportedly found her behind the wheel of her SUV crying, confused and with slurred speech."

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http://www.huffingtonpost.com/2013/01/22/drunk-driving-permits-ireland_n_2527800.html?utm_hp_ref=world

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The Kerry County Council in southwest Ireland has passed a controversial measure that could make it legal for some rural drivers to get behind the wheel after knocking back a few stiff drinks.

While only three council members voted "no" on the proposed legislation, five apparently support the creation of special permits for driving in sparsely populated areas while intoxicated, according to the Guardian.

Nationwide, Ireland has been cracking down on drunken driving, according to Irish news outlet Independent.ie, which reports that drivers are now allowed only 50mg of alcohol per 100ml of blood, "equivalent to drinking less than one pint of beer." But permits proposed in the Kerry measure would allow rural residents to consume "two or three drinks," per the Guardian."

It is interesting to note even this proposed law would still be harsher than the law in place in New Hampshire. Throughout the country, the BAC level for adults is usually .08. Many countries in Europe are tough and have a much lower BAC limit such as .02 or .05.

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http://www.examiner.com/article/nearly-nude-driver-dwi-arrested-wearing-only-an-unzipped-jacket

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Reportedly, a nearly nude driver received a DWI charge Friday in New Jersey. The allegedly drunk woman, who only donned an unzipped jacket at the time of the traffic stop, is also suspected in a hit and run accident that same day. Obviously, a nearly nude driver, DWI charges or not, headlines the news.

According to a Jan. 21 report from Daily Record on this strange news story, Catherine Giaquinto, 36, a resident from Warwick, faces a litany of charges stemming from the driving while intoxicated arrest."

"

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http://libertycrier.com/front-page/fl-highway-patrol-trooper-in-jail-for-fabricating-arrest-reports/

Florida "Trooper Scott Kunstmann’s dash camera was rolling when he pulled over 71-year-old Robert Culbertson on I-75 back in 2011.

Culbertson was allegedly weaving, so Kunstmann asked a series of questions to determine if a field sobriety test was warranted, and asked another trooper for assistance.

Culbertson admitted to having one beer three hours prior.  In the police report, Kunstmann indicated he smelled alcohol on Culbertson’s breath, but in the dash cam video, the two officers are heard on tape agreeing that they couldn’t smell alcohol.

One of the reocurring themes on my blog related to bad police officers is that we need videos in the police cars to catch when an officer lies, or misremembers things. This is even more important in cases where someone refuses a breath or blood test. If those people did not give a blood test that came back 0, there would be a good chance they would have been found guilty of DWI based solely on the testimony of the officer, if there was not videos.

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  • Devil's Advocate
    Devil's Advocate says #
    What we need is to stop the bogus statutory regulations catagorizing private vehicles as commercial drivers. Implied consent is sp

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http://www.nashuatelegraph.com/news/989329-469/driver-charged-with-dwi-in-fatal-jaffrey.html

"A 34-year-old Jaffrey man was killed Saturday night when a pickup truck operated by an allegedly drunk driver slammed into a tree near the Jaffrey-Fitzwilliam town line, the Keene Sentinel is reporting."

Felony DWI that causes serious bodily injury carries significant penalties including mandatory 14 days up to 7 years in prison. Vehicular manslaughter carries up to 30 years in prison and an up to an indefinite license loss.

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http://gma.yahoo.com/blogs/abc-blogs/oregon-teen-arrested-posting-drivin-drunk-facebook-status-191551764--abc-news-topstories.html

"Jacob Cox-Brown, 18, of Astoria, Ore., about 100 miles west of Portland, was with friends when, police say, he posted the status update on his Facebook page: "Drivin drunk… classsic ;) but to whoever's vehicle i hit i am sorry. :P""

"At about 1 a.m. New Year's Day, officer Riley received a call reporting a hit-and-run crash in Astoria. When officers Riley and Matt Clausen arrived to the scene, they found a white Scion car had been sideswiped, leaving behind car debris, police said. Clausen collected multiple pieces of plastic from the taillight and bumper cover."

"Astoria PD released a statement saying, "Aydt and Clausen went to Cox-Brown's house and found a vehicle that matched the damage done to the two vehicles at the early morning crash.""

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I was recently quoted by NHPR about how I expect false arrests to go up. This just shows that dishonest cops can arrest someone for DUI (and if that person refused a breath or blood test, there is a good chance they would be convicted of DUI since it would be there word against the cop. Unfortunately, most police departments do not have videos from the police vehicle. So, a police officer who wants to, can make up things to get an arrest. It is shameful the officer received an award for Trooper of the year for the high number of DUI arrests. It just goes to show an officer could have an incentive to make up things. (Please note this story is exceptionally rare, and an overwhelming majority of police officers are honest. The problem is, without videos, it is difficult to distinguish the good guys from the bad ones)

http://news.yahoo.com/former-cop-accused-faking-duis-021947523--abc-news-topstories.html

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A class-action lawsuit has been filed against a former Utah Highway Patrol trooper and her superiors alleging that she filed false DUI charges during her career.

The department fired Lisa Steed in November for alleged misconduct related to her duties.

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http://news.yahoo.com/idaho-inmates-sue-beer-wine-companies-1b-190211526--abc-news-topstories.html

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Five Idaho inmates are blaming alcohol for the crimes that put them in prison and are suing some of the nation's top liquor and wine companies for $1 billion.

Keith Allen Brown, Steven Thompson, Woodrow Grant, Cory Baugh and Jeremy Brown all claim that alcohol led them to their crimes and they should have been warned of the beverages' addictive nature.

"If I was not an alcoholic, the shooting would never have happened," Jeremy Brown said in his affidavit. Brown, 34, is serving a 20- to 30-year sentence for a 2001 shooting that seriously injured a man."

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http://abcnews.go.com/US/american-eagle-pilot-suspected-intoxicated-off-flight/story?id=18133679#.UOc0EHdj6So

"An American Eagle pilot who was preparing to fly from Minneapolis to New York City was arrested today after failing a breathalyzer test."

"The pilot was doing a pre-flight check when confronted by officers, Hogan said. A breathalyzer test was administered, although it was unclear whether it took place on board the aircraft."

"In Minnesota, the legal BAC limit for pilots is .04 -- much lower than the limit for drivers of .08."

Under FAA regulations, all pilots must inform the FAA if they are convicted of DWI or lose their license as a result of refusing a breath test. This applies even if the person was not flying at the time (Similar to the CDL rules apply even if you weren't in a commercial vehicle at the time)

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http://www.nashuatelegraph.com/news/statenewengland/988752-469/no-fatalities-on-nh-highways-over-new.html

"No fatalities were reported on New Hampshire highways over New Years Eve, according to state police."

"As a result of their enforcement efforts there were a total of 15 DUI arrests made and 10 other criminal arrests ."

It would be interesting to know how many DUI arrests are made on a typical night, or weekend night. Given the new laws that took effect today, you need to act sooner than before to obtain an attorney. Now that arraignments are shortly after your arrest, you have less time to hire a lawyer and get to work on your case before you are scheduled to go to court. Give us a call as soon as possible to discuss your options and defenses.

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Have a safe and happy new years. Keep in mind, there are many changes to the DWI laws taking effect January 1, 2013. You can see a summary in my previous posting: http://www.nhdwiguy.com/Blog/Entry/nh-dwi-laws-2013.html

I was recently interviewed by NHPR regarding this law:

http://www.nhpr.org/post/nhs-new-dui-law-covering-prescription-drugs-goes-effect-jan-1

"defense attorneys in the state call the law over-reaching.  Attorney Dan Hynes, who specializes in DUI defense, predicts an increase in false arrests in 2013.

“I think it’s incredibly too broad and people taking prescription medications by a doctor may or may not know the effects of those medications.  I think it’s particularly difficult for police officers to determine whether someone’s under the influence of a certain drug.”"

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http://www.nashuatelegraph.com/news/statenewengland/988362-469/nh-police-stop-nearly-4000-vehicles-in.html

"New Hampshire state police say they made nearly 4,000 motor vehicle stops in efforts to curb highway collisions and fatalities during the two weekends before Christmas.

State police say they issued 834 speeding citations and nearly 2,500 warnings during the two weekends, when they bulked up their public presence as part of what's known as C.A.R.E. Life Saver Weekends.

Police also made 58 arrests for driving under the influence of alcohol or drugs and issued 34 citations to drivers with suspended licenses."

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http://gma.yahoo.com/blogs/abc-blogs/headache-hangover-cures-myths-110031495--abc-news-health.html

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While nothing has been shown scientifically to "cure" a hangover, Dr. Richard Besser, ABC News' chief medical editor, offered these tips to help nurse the pain:

Drink plenty of water. Alcohol is quite dehydrating.

• If you have a headache, take aspirin or ibuprofen the next morning, not acetaminophen (Tylenol). Acetaminophen is processed by your liver that has just taken a hit from your overdrinking.

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Stay safe this holiday season. While it is not against the law to drink alcohol and then drive AS LONG AS YOU ARE BELOW LEGAL LIMIT OR YOUR ABILITY TO DRIVE IS NOT IMPAIRED,  if you are going to drink any alcohol your best option is to not drive a vehicle. While the average male may eliminate alcohol at 1 drink per hour, everyone is different. It is not worth the risk to yourself or others to drink and drive. If you have to think about whether you are safe, that should give you enough hesitation to not drive.

If you do get arrested for DWI, give us a call to discuss your possible defenses.

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I recently reported that different branches of the military are getting tougher on consuming alcohol. Now, the marines are set to implement a policy of random alcohol tests.

http://news.yahoo.com/us-marines-face-random-blood-alcohol-tests-223711344.html

" Marines and sailors will be subject to random blood-alcohol tests twice a year in what is billed as the toughest anti-drinking policy in the U.S. military.

Starting Jan. 1, any Marine or sailor with a blood-alcohol level of 0.01 percent or higher may be referred for counseling. Anyone who tests at 0.04 percent or higher will be referred to medical personnel to determine fitness for duty."

Remember, while .08 is the per se DWI limit if you are over 21, you still can be convicted of DWI if you are under that limit and alcohol impairs your ability to drive to any degree in New Hampshire.

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