Attorney Hynes - N.H. DWI GUY DWI BLOG

http://news.yahoo.com/blogs/sideshow/florida-police-officers-paid-drink-alcohol-eat-doritos-164922342.html

"The Florida Department of Law Enforcement (FDLE) has fallen under scrutiny for paying several employees to drink alcohol on the job in order to test a breathalyzer."

"Last October, the department allocated $300 for Jim Beam whiskey, Doritos and drink mixers. The Herald Tribune reports that it was part of an effort to preserve the embattled "Intoxilyzer 8000" from being phased out. 15 law enforcement employees were then invited to department headquarters in Tallahassee to drink and eat on the job."

I can assure you New Hampshire will probably not do this, as I cross-examined the State's leading Intoxilyzer supervisor on this issue. When I asked if the machines were ever tested with someone's actual breath sample, instead of a simulator, the witness testified she would never have officer's drink in order to test the machine. It is important to note the underlying reason behind Florida's experiment. They were using real subjects, because the machine was not considered reliable enough. The intoxilyzer 8000, is an even newer machine than the one used in New Hampshire (intoxilyzer 5000). There are many defenses to breath test cases, and there are many things that can make the results questionable.

http://gma.yahoo.com/blogs/abc-blogs/florida-man-guilty-dui-manslaughter-sues-victim-130753893--abc-news.html

A Florida man who plead guilty of DWI is now denying he committed the crime and is trying to sue the estate of the other driver who was killed. "The money is to compensate Belniak for medical bills, "pain and suffering," and "loss of capacity for the enjoyment of life," according to the suit."

"The Times reported that Belniak's attorney, Debra A. Tuomey, who is also his sister, said the government's prosecution amounted to a character assassination and Belniak accepted a plea deal only to avoid risking getting a life sentence in trial."

This case brings up an important distinction in the law. In New Hampshire, there are three types of pleas. Gulty, Not Guilty, and Nolo Contendre (No contest). If you plea guilty, that can be used against you in a civil case to prove you in fact committed the underlying offense. If you plea no contest, you will be found guilty, however, the plea can not be used against you in a civil proceeding. If you are charged with a crime and caused injury to another person or property, it is very important you take that into consideration in any plea.

http://gma.yahoo.com/blogs/abc-blogs/cdc-millions-americans-binge-drinkers-173229438--abc-news.html

"More than 38 million U.S. adults binge drink an average of four times each month, according to a new report from the U.S. Centers for Disease Control and Prevention. The agency notes that the majority of people who binge drink are not alcoholics, but the trend is alarming because of the number of serious problems that can occur when people have too much alcohol, such as car accidents, violence and sexually transmitted diseases."

The CDC reports that too much drinking results in 80,000 deaths each year in the U.S., and cost the country more than $223.5 billion in 2006.

The agency defines binge drinking as women having four or more drinks in a sitting and men drinking five or more, but the definition of binge drinking can vary. According to the National Institute on Alcohol Abuse and Alcoholism, the same amount of alcohol must be consumed in two hours or less to qualify as binge drinking, an amount that would put a person's blood alcohol level above the legal driving limit, Crews said.

According to the CDC's report, binge drinking is more common among young adults ages 18 to 34 and among wealthier Americans, those with an annual household income of $75,000 or more. But binge drinkers age 65 and older reported drinking more in one sitting, and people with an annual income of less than $25,000 per household drank the largest number of drinks per sitting - about eight or nine at a time.

The chief of the FAA (federal aviation admnistration) has resigned after being charged with dwi. http://news.yahoo.com/faa-chief-resigns-over-drunk-drive-charge-222124939.html

While many people know there are collateral consequences of a DWI conviction, such as also affecting a CDL (commercial driver's license), many people do not know that pilots can also face additional consequences for a dwi or chemical test refusal/test above the legal limit.

Remember, an arrest is not a conviction. If the State cannot prove your case you will remain not guilty.

TLC has a new show called DUI. It is basically COPS, but aimed at just DUI arrests. In watching one of the episodes (episode 1), the officer administers the HGN test (eye test). This test is supposed to be administered the same by every officer throughout the country. In watching the video, a trained dwi lawyer can see the officer clearly administers the test incorrectly. (Video hopefully to follow). In the next episode, some police officer administers the one leg stand incorrectly. Fortunately, for that person, cameras were recording how the test was actually administered, and the defendant is not stuck with the officer testifying he did it correctly and according to his training. Unfortunately, throughout New Hampshire, hardly any police departments use cruiser videos anymore. Most departments will state it is due to funding issues. If you are charged with DWI in New Hampshire, hopefully, you were arrested by one of the few departments who actually have video recording of the arrest. (Or happen to be followed by someone filming a TV show).