Daniel Hynes

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The New Hampshire legislature has made major changes to the DWI laws effective January 1, 2013. I will go into them in detail, but some of the major changes are: DWI Drugs is now any substance/drug, not just a controlled substance; Complete revision to the alcohol programs (No more MOP); Quicker arraignments; Increased penalties for Aggravated DWI & Subsequent offense; The DMV can now require an interlock device for ANY dui. In my opinion, none of these changes help most people arrested for DWI. With increased penalties, there is even more at stake if you are convicted of DWI. New Hampshire already had some of the harshest laws and penalties in the Country, they are now even more harsh. You need to consult an experienced New Hampshire DUI Attorney as soon as possible.

1: DWI Drugs can be based upon any substance (and in my opinion everyone who drives on the road is always committing the crime of DWI due to this absurd statute)

Before January 1, 2013, to be convicted of driving under the influence of drugs, the prosecutor had to prove a "controlled substance". Many drugs are not a controlled substance and this was one of my favorite defenses. I guess the legislature got upset with too many people being found not guilty, so the statute now provides it is against the law to drive:

"under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive".

The New Hampshire Supreme Court has already defined under the influence as impairment to any degree. The least amount of proof possible (which happens to make NH have the most strict DWI law in the country). So, if your ability to drive is impaired even less than 1% you can be found guilty of DWI.

But, look how broad "prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic" is. This includes pretty much every substance/matter, as everything in this world has chemicals/molecules in it. So, the prosecutor could get a conviction for tylenol, every prescription medication, nicotine, water, caffeine etc. I am not a chemist or physiologist, but it seems to me if someone is just a little sleepy, hungry, depressed, anxious, happy, or pretty much anything, there are probably some chemical reactions going on in that person's brain, and substances such as serotonin are probably being affected. The way I read this absurd overbroad statute, is that if you are not driving at 100% (Which is impossible) there is likely something that affected your ability to drive even in the slightest degree. Accordingly, I posit that everyone is always committing the crime of DWI in the State of New Hampshire.

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http://news.yahoo.com/beer-bar-u-tradition-getting-stale-223154271--sector.html

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One result of the 2008-2009 recession that reduced manufacturing jobs in places such as Milwaukee has been slower traffic at some bars, and sluggish beer sales nationwide over the past four years, according to industry analysts.

"Contrary to the myth that people go out and drown their sorrows, the truth is that beer drinkers are pretty responsible people and when they have to cut back, they're cutting back on their pleasures," said Chris Thorne, vice president of communications at the Beer Institute, a Washington-based trade group.

According to the institute, beer drinkers last year in the United States drank 203.4 million barrels, about 5 percent less than in 2008.

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http://shine.yahoo.com/parenting/12-old-sues-parents-drunk-driving-car-accident-190600659.html

"After almost losing her life to her parents' poor judgment, a little girl has taken her family to taskā€”and to court.

12-year-old Faith Carberry, of Longford, Ireland, filed a lawsuit against her parents, Mary Carberry and Tommy Varden, after sustaining severe injuries from a drunk driving accident caused by Carberry, driving a car purchased by Varden. On Wednesday, the liability suit was settled on undisclosed terms. "

"Faith is not alone in being a childhood victim of drunk driving. In the US, more than two thirds of children fatally injured in car accidents were riding with drunk drivers, according to a report by the Center of Disease Control and Prevention."

In New Hampshire, if you commit DWI with comeone under the age of 16 in the vehicle, you face aggravated DWI.

If you plead guilty to dwi, or are found guilty, this can be used against you in a civil case if you caused property damage, or personal injury. If, you are found not guilty, or plead no contest (nolo contendre), you can still be sued in a civil case, however, the other person would have to still prove you are responsible. Because the burden of proof is higher in a criminal case, you could be found not guilty in the criminal case, yet still lose a civil case.

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http://news.yahoo.com/blogs/technology-blog/why-shouldn-t-lol-dui-facebook-011823460.html

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Kentucky teenager Paula Asher had one too many that fateful night she decided to drive, and she sideswiped another car as a result. Though there were four people in the car hit, thankfully no one was hurt. Asher was cited by police for driving under the influence.

The 18-year-old laughed about driving drunk on her Facebook page after the fact, posting a status update reading, "My dumbass got a DUI and hit a car LOL." The judge presiding over Asher's case found little humor in a crime that results in, according to the National Highway Traffic Safety Administration, 28 deaths each and every day. Asher was ordered to shut down her Facebook page as a result, and when she refused, the judge held her in contempt of court and had her thrown in jail for two days."

Judges have discretion to make certain bail conditions. Although, I have never heard of a judge ordering someone to take down a facebook page, as that has constitutional first amendment concerns.

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http://news.yahoo.com/drunken-driver-kills-seven-moscow-bus-stop-182935602.html

"A drunken driver ploughed his car into a bus stop in Moscow on Saturday, killing seven people and injuring three others, police said.

The driver, who was detained and could face nine years in jail, had his license suspended in 2010 for drunk driving, police said. Interfax news agency quoted a police official as saying he was driving at about 200 km per hour (125 mph)."

"Death rates from alcohol and from road accidents are higher in Russia than in many Western countries."

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