Attorney Hynes - N.H. DWI GUY DWI BLOG

While driving among many of the highways in New Hampshire such as 101A, 93 and the Everett Turnpike, you likely notice those lighted signs off the side of the road that promote different messages. Sometimes, the signs will tell you about upcoming construction, or tell you if there is an accident. These are clearly good uses for the signs. On other occasions, the signs will give some advice regarding traffic safety such as: if you are drinking don't drive, drive safely, and drugged driving is drunk driving. These signs are more political in nature, but at least they were related to active laws.

Today, I saw a sign that informed me that this week is seatbelt week in New Hampshire. I find this sound outrageous. It is not against the law in New Hampshire to wear seatbelts. I personally do not wear one and that is my choice. We live in the "live free or die" state. I should not have to view these signs by government officials that are clear endorsements of a political issue. (Its bad enough I have to see the sign when I cross the border of another state coming into N.H. that says seatbelts required for those under 18, common sense for all. It is not an issue of common sense, it is a medical decision. My body my choice.)

I occasionally go to the legislature to testify regarding potential bills. I usually testify regarding laws related to DWI. I also testify every-time someone promotes a bill to make it mandatory to wear seatbelts. I believe it is my right  to not wear a seatbelt. There shouldn't be laws forcing someone to wear a seatbelt just as there shouldn't be a law saying someone can not wear one. On a personal note, one of the main reasons every State but N.H. has a seatbelt law is because the federal government gets involved and bribes states by withholding funding if they don't pass the law. Putting aside this bribe money, New Hampshire consistently defeats the seatbelt law.

We also do not have a helmet law for motorcycles. Is the next sign going to be helmet week? Where will it end where the government will not be distracting you as you are driving along with potentially offensive political signs? How about a sign no smoking and driving, or don't listen to the radio while driving, or don't put makeup on while driving? These things are all safety issues, but it is presently not against the law to do those things. Whoever is in charge of these signs should not have free reign to promote any personal idea he feels is important.

If this week is seatbelt week, then I would like to see a sign every other week of the year telling drivers it is not seatbelt week and it is entirely their choice to where a seatbelt or not. At some point, it is a first amendment issue when the government promotes certain ideas. For example, the United States Supreme Court has held the State of New Hampshire can not force drivers to have the phrase "live free or die" on their license plate. If you choose to do so, you can cover it without any penalty as the government is involved in forced speech. I believe the seatbelt week sign is a similar unlawful sign as I am forced to view it.

I previously reported that the ex chief of the FAA was charged with dwi. He ultimately resigned. And now, was found not guilty.

http://www.reuters.com/article/2012/05/11/tagblogsfindlawcom2012-blotter-idUS403669441620120511

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Babbitt, 65, resigned his post in December after he was arrested for an alleged wrong-way DWI in Virginia. Babbitt underwent an alcohol breath test at the scene, but police initially declined to publicly release the results of that test.

According to a post on findlaw, the top 3 mistakes when hiring a dwi lawyer are:

http://blogs.findlaw.com/blotter/2012/03/top-3-mistakes-when-hiring-a-dui-lawyer.html

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http://news.yahoo.com/blogs/sideshow/spray-makes-instantly-drunk-only-lasts-few-seconds-231548193.html

"A French American scientist has invented a new alcohol spray that instantly intoxicates the user. However, the effects are nearly as brief, wearing off in a matter of moments."

"Reportedly, not only does the sensation of being drunk wear off almost immediately but the user would also supposedly be able to pass a breathalyzer test, verifying that they are no longer under the influence of alcohol."

I have no idea why someone would want to be instantly drunk for a few seconds. I do wonder if it causes someone to have a nystagmus.

http://news.yahoo.com/blogs/upshot/john-goodman-polo-tycoon-ordered-pay-46-million-222011584.html

"John Goodman (not the actor) has been ordered to pay $46 million to the parents of a 23-year-old man, Scott Wilson, whom Goodman killed while driving under the influence."

"Of course, there is also a criminal case. Goodman faces up to 30 years in prison for manslaughter and leaving the scene of an accident. He was found guilty last month,"

"Goodman claimed that his $200,000 car malfunctioned and lurched forward, which caused him to plow into the victim's car, pushing it and Wilson into a nearby canal. Wilson drowned. Goodman  denied being drunk at the time of the accident. However, experts testified that Goodman's blood alcohol level was more than twice Florida's legal limit three hours after the crash."

While I appreciate feedback or praise from prosecutors, both win and lose, I also appreciate when other defense lawyers tell me that my DWI book helped them in a case. This week, another defense lawyer asked me about getting a copy of my book "Drunk driving & drugged driving defense - New Hampshire Defense Lawyer Edition" after she was loaned a copy by the public defender's officer. The defense lawyer went on to say she obtained a not guilty verdict in a DWI drug case where the officer was a DRE (drug recognition expert). DWI drug cases can be amongst the most difficult dwi cases. The attorney appreciated the chapter in my book with sample cross examination questions.

http://www.chron.com/news/houston-texas/article/Fake-Intoxilyzer-tests-invalidate-stacks-of-1722652.php

"More than 1,200 Harris County DWI convictions will be set aside and the cases revisited, prosecutors said Friday after the sentencing of Deetrice Wallace, a Department of Public Safety contractor who faked inspections of alcohol breath testing devices."

"About 1,000 defendants convicted of driving while intoxicated can petition for a retrial without evidence submitted by Wallace, the prosecutor said. Some defendants had more than one case affected."

"Buess prosecuted Wallace for three counts of tampering with a governmental record, a state jail felony. State District Judge Jeannine Barr sentenced her to a year behind bars."

"In court documents, Wallace told investigators that she had falsified inspection records for both the South Houston and Clute police department Intoxilyzers."

Yet another reason of we need cruiser videos in New Hampshire. (Besides showing all the mistakes the officer's make and slurred speech that magically disappears or isn't there)

This arrested drunk guy sings bohemian rhapsody and manages to make fun of the police in the last sentence of the song. (And how many drunk people can remember all the words to this song? (complete with vocals for the musical instruments)

http://www.suntimes.com/11544533-417/drunken-man-had-blood-alcohol-level-of-0552-percent.html

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Police in Northwest Indiana said a man they found unconscious along the side of a road had a staggering blood-alcohol level seven times the legal limit.

James Henderson, 28, of Valparaiso, was hospitalized for alcohol poisoning with with a blood-alcohol level of 0.552 percent."

For most people .30 is a coma, and .40 is usually death. Although, one can die from alcohol poisoning with a blood alcohol content less than .3

Belvedere vodka manufacturer apologizes for ad making light of sexual assault

http://news.yahoo.com/blogs/cutline/belvedere-vodka-apologizes-ad-making-light-sexual-assault-184827807.html

"The ad, posted to its Facebook page on Saturday, shows a distressed woman being groped from behind by a man alongside the copy: "UNLIKE SOME PEOPLE, BELVEDERE ALWAYS GOES DOWN SMOOTHLY."

We are all familiar with Mothers against drug driving (MADD). Many people are also familiar with the Simpsons, an incredibly long running cartoon show on television. On the show, they satire or make fun of pretty much everything. Homer might generally be considered an alcoholic, and has in some episodes has driven drunk. On a recent episode, they briefly parodied mothers against drunk driving with a hypothetical mothers for drunk driving (it was during one of the character's dreams). I thought the slogans were pretty funny, so attached is a screen shot. Copyright FOX. Caveat disclaimer; I do not think drinking alcohol and driving while you are impaired is funny, and can have serious consequences. However, everyone accused has the right to remain innocent until proven guilty.

http://gma.yahoo.com/john-goodman-wasnt-drunk-bentley-malfunctioned-defense-says-011739817--abc-news.html

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Defense attorney Roy Black told jurors that Goodman's $250,000 Bentley had malfunctioned that night.

"As it gets close to the stop sign all of a sudden the car surges forward, you see him trying to control this enormously powerful car," he said."

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http://health.yahoo.net/experts/dayinhealth/can-lsd-cure-alcoholism

"a new study reports that LSD could help alcoholics kick their addiction. Based on a new analysis of six randomized controlled trials from the 1960s and 70s, and published in the Journal of Psychopharmacology, researchers from Norwegian University of Science and Technology and Harvard Univeristy found that a single dose of the hallucinogen “had a significant beneficial effect on alcohol misuse” for up to 12 months.

Dropping acid on a one-time basis also “compares favorably” with the effectiveness of such daily treatments for alcoholism as the FDA-approved addiction-fighting drugs naltrexone and acamporosate, the researchers report. Overall, 59 percent of the 536 study participants treated with a single dose of the psychedelic drug showed improvement in their alcohol habits, compared to 38 percent of those who didn’t take LSD."

"The researchers point out that, “LSD is well-known for inducing spectacular and profound effects on the mind,” and “can help prevent a relapse of alcohol abuse…by eliciting insights into behavioral problems and generating motivation to build a meaningful and sober lifestyle.”

The theory is that dropping acid is like speeding up psychotherapy, so alcohol abusers achieve similar results to years of psychotherapy in a single LSD trip, helping them break past habits and obstacles that have kept them from kicking their addiction."

I was at the DMV today for a few administrative license suspension hearings. In between hearings I was speaking with another local dwi lawyer who I respect and would have no problem referring a case to. Also, present was a prosecutor for some State Police cases. He is also a prosecutor I highly respect, as I trust him and he really knows New Hampshire DWI laws and puts together his case very well. (While this does make my job harder, and I certainly lose some cases when he is the prosecutor, I do enjoy knowing that all the work and preparation in defending a dwi case is required as the prosecutor will also be very well prepared). In discussing some past cases, the topic came up about lawyers willing to go to trial, as opposed to pleaing every case. The prosecutor mentioned that myself and the other lawyer present were on his list of lawyers who will take cases to trial.

Having a reputation for going to trial can certainly help out clients. If the prosecutor knows or believes the defense lawyer hates having trials, there is little incentive to make favorable plea offers.

Additionally, actually having trial experience is important if your case does go to trial. Do you want a lawyer who it will be his first actual trial, or one who repeatedly is willing to fight for his clients and make sure the State can prove their case beyond a reasonable doubt?

Finally, even in some cases where you might be found guilty, if the sentence was the same or less after being found guilty, it certainly is worth it to go to trial. A lawyer who handles many similar cases should have a pretty good idea of what you should expect at the time of sentencing, if you are ultimately found guilty.

http://www.torontosun.com/2012/02/22/24th-drunk-driving-offence-a-canadian-record

"n what's believed to be a Canadian record, a 67-year-old Quebec man was convicted Tuesday of his 24th drunk-driving offence.

Yvon Gingras of St-Ubalde, Que., was sentenced to six years in prison after pleading guilty to impaired driving, breach of conditions and refusal to submit to a breathalyzer test.

Gingras bought a car despite a driving ban. Outraged neighbours, aware of his prior convictions, formed a committee to track his movements.

One neighbour spotted Gingras behind the wheel last June 20 and called police. The unlicensed driver refused to submit to a breathalyzer test. Officers searched his car and found eight large bottles of beer as well as a full bottle of vodka.

http://www.statesman.com/news/local/police-crime-lab-faces-second-complaint-over-drug-2178748.html

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Another complaint has been filed against the Austin Police Department's crime lab, this time by an independent lab in North Texas that claims it received different results than the Austin lab when testing the same drug evidence.

Crime lab officials in Austin said they received the complaint filed by Integrated Forensic Laboratories in Euless, between Dallas and Fort Worth, late last week."

"It is the second complaint the Austin lab has faced this year. In January, a former crime lab scientist who was fired last year alleged that lab administrators do not have proper accreditation and that drug evidence was not analyzed before reports were submitted."

http://news.yahoo.com/drunk-pilot-suspicion-delays-omaha-flight-211253296--abc-news.html

"A Frontier Airlines flight from Omaha to Milwaukee was delayed today when the pilot was suspected of being drunk and kept from boarding the plane."

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"They spoke with him, and asked him a few questions, and determined there was reasonable suspicion that he was impaired and turned it over to Frontier Airlines staff," Martin said.

A hotel shuttle driver tipped off the police, Martin said.

http://news.yahoo.com/deadly-alcohol-needs-global-regulation-health-expert-says-115803254.html

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When considering the world's worst killers, alcohol likely doesn't come to mind. Yet alcohol kills more than 2.5 million people annually, more than AIDS, malaria or tuberculosis.

For middle-income people, who constitute half the world's population, alcohol is the top health risk factor, greater than obesity, inactivity and even tobacco.

The World Health Organization has meticulously documented the extent of alcohol abuse in recent years and has published solid recommendations on how to reduce alcohol-related deaths, but this doesn't go far enough, according to Devi Sridhar, a health-policy expert at the University of Oxford in the United Kingdom.

http://www.concordmonitor.com/article/308407/bill-seeks-to-end-sobriety-checkpoints

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For different reasons, a bill doing away with sobriety checkpoints in New Hampshire has the backing of both constitutionally minded lawmakers and a D.C. trade group representing alcohol-serving restaurants.

House Bill 1452 would eliminate the sobriety checkpoints organized by local police departments to catch drunken drivers."

"My concern is we're giving up our right to travel freely," said Republican Rep. George Lambert of Litchfield, a co-sponsor of the bill. "It allows (the police) to do all kinds of investigations for which they did not have original probable cause."

http://finance.yahoo.com/news/nm-man-pulled-own-tooth-jail-awarded-22m-224826036.html

"A federal jury has awarded $22 million to a New Mexico man who was kept in solitary confinement for two years and forced to pull his own tooth after being arrested for drunken driving in Dona Ana County."

"Slevin was arrested while driving through the southern New Mexico county in August 2005. He ended up in solitary confinement because he was suffering from depression and someone checked a box on a form indicating he was suicidal, Coyte said."

"He immediately decompensates," Coyte said. "He sends off another letter at this point asking for medical care. ... He is forced to pull his own tooth. He rocked it back and forth over a period of eight hours before he was able to pull it out of his mouth."

Slevin was finally released in June 2007, Coyte said. He was never convicted.