Daniel Hynes

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What’s Really At Stake In a DWI Arrest

The consequences of a DWI arrest and conviction begin within the courtroom and extend across the rest of your life. Take a look at what is really at stake when you must confront NH DWI charges:

Your Freedom

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New Hampshire House Passes New Bill For First Offense DWI Convictions

On January 29th, 2014, the NH House of Representatives passed Bill HB 496 by a voice vote. This new bill now authorizes defendants convicted of a first time DWI offense to receive a limited license. If their application is approved, then they will be legally allowed to drive to rehabilitation, to and from work, and to receive medical services of treatment.

Under the new HB 496 law, in order to receive a temporary driver’s license, convicted motorists will be required to pay a monetary application fee of $50.00 and to petition a New Hampshire judge. If their request is approved, then the motorist is mandated, at their own expense, to have an ignition interlock device installed in any motor vehicle they drive.

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Police don't need to give you Miranda warnings. Unless, you are in custody and interrogated.

Many people know about Miranda warnings from watching tv shows like Cops. Many people also do not understand what the warnings are, or when they have to be given.

http://news.yahoo.com/common-misunderstandings-miranda-warnings-100225833.html

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First, there isn’t one official Miranda warning that is read to a suspect by a police officer. Each state determines how their law enforcement officers issue the warning. The Supreme Court requires that person is told about their right to silence, their right to a lawyer (including a public defender), their ability to waive their Miranda rights, and that what they tell investigators under questioning, after their detention, can be used in court.

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Probable Cause & What It Means For Your DWI Case

What is it that separates third world police states from the United States of America? The answer can be summed up in two words: probable cause. Plainly stated, this is what prevents law enforcement officials from investigating or detaining American citizens without a solid reason. Police officers are required to possess “reasonable suspicion” that an illegal act has or is occurring before a suspect can be questioned. For example, if an officer observed an individual from a different ethnic background operating a motor vehicle, the motorist cannot be pulled over for the color of their skin. The officer must witness the individual committing an illegal act, like driving without a license plate or speeding. In short, New Hampshire motorists cannot be pulled over by police unless the officers have a rational explanation.

In a similar fashion, let’s say that a witness called a local police station stating that they had observed an automobile being driven erratically. On the basis of this tip, law enforcement officials decide to go searching for a vehicle that matches the description they were provided. The police officer cannot pull over that vehicle simply because they were able to locate it. They must observe the motorist driving the vehicle actually committing a criminal offense.

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Manchester Teen Charged With Aggravated DWI, Transportation of Alcohol

A Manchester teenager entered an innocent plea on January 2nd, 2014 in the Manchester District Division Circuit Court after being charged with an aggravated DWI, unlawful possession, illegal transportation of alcoholic beverages by a minor, and allowing an unauthorized individual to operate a motor vehicle.

Manchester police officers stated that Sean M, 18 years of age, was operating a motor vehicle on December 14th, 2013 before 2 a.m. along Dubuque Street while having a BAC of .02% or higher, in addition to having a passenger in the vehicle who was under 16 years of age. Furthermore, Seab has been charged with unlawful possession of alcohol by a minor, unlawful transportation of alcohol by a minor, and with allowing his 14 year old companion to illegally drive his SUV on New Hampshire roadways.

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