Serving all of New Hampshire
Offices: Hudson, Nashua,
Manchester, Portsmouth,
Concord, (All by Appt.)
Call 24/7 (603)384-3264

Email Us
powered

Attorney Hynes - N.H. DWI GUY DWI BLOG

N.H. bill seeks to end sobriety checkpoints

Posted by Dan
Dan
Dan has not set their biography yet
User is currently offline
on Thursday, 02 February 2012 in Uncategorized

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

"

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."

Lambert and Rep. Seth Cohn of Canterbury, also a freshman Republican, see the checkpoints as running counter to the Fourth Amendment's barring of unreasonable search and seizures. Cohn said the checkpoints give law enforcement "carte blanche to stop people ostensibly for sobriety."

"I'm absolutely against people driving while intoxicated," Cohn said. "This is a road toward a police state.""

"Allenstown police Chief Shaun Mulholland, who organizes checkpoints in the Concord area and trains officers on how to administer them, said the checkpoints have been effective, along with other measures, at reducing alcohol-related crashes here and in other states. They are more effective than roving patrols because of their deterrence factor, he said. Drivers may read in the paper that a checkpoint is happening in town on a certain weekend, but they don't know the exact location or the date and time, he said."

However, in my experience in looking at the data afterward, some checkpoints have less than 1% of the drivers who are arrested for DWI. That does not seem very effective. Further, a certain police department I wont mention, thinks the sobriety checkpoints are the most effective way to detect/combat dwi. Sounds to me like their officers might need some better training if they think a driver who has done nothing wrong is likely more impaired than a driver swerving all of the road.

If you have been charged with dwi resulting from a sobriety checkpoint, an experienced DWI lawyer may be able to show the stop was invalid, and have the case dismissed. Even if the stop was valid, the officer likely did not observe erratic driving, which can help show you were not impaired by alcohol. Finally, some judges will hold it is not unlawful to turn around and avoid a sobriety checkpoint.

Dan has not set their biography yet

Comments

No comments made yet. Be the first to submit a comment

Leave your comment

Guest
Guest Thursday, 17 May 2012

Discussion Forum

If you have a question you would like to ask, or to see other questions and answers, visit our Discussions Forum.
40u40seal
Attorney Hynes has been nominated and recognized by the National Trial Lawyers into the exclusive membership of the "Top 40 under 40 Lawyers" in NH

Blog Login

Visitors can use username guest, password guest. All blog posts will have to be approved.



Thursday, 17 May 2012

Nashua NH DWI Lawyer, Portsmouth NH DWI Lawyer, Concord NH DWI Lawyer, Manchester NH DWI Lawyer

gurubanner

Phone calls may go to a receptionist and not an attorney. Use of this site does not constitute the formation of an attorney client relationship. Any language referring to a team of lawyers includes attorneys associate with Dan Hynes or Liberty Legal Services PLLC, to which Attorney Hynes is managing partner.  Top Ranked NH DWI LAWYER / NH DWI A TTORNEY, refers to recent search result rankings. See http://www.nhdwiguy.com/top-ranked.html for more details. *DISCLAIMER - TERMS OF USE. SiteMap.

Website Design & Search engine optimization by The Legal Marketing Guru

In New Hampshire, Attorney Hynes only represents clients charged with a crime or traffic offense incluing all forms of DUI.

Office Locations

Hudson: 238 Central St. Hudson, NH 03051.   Nashua: 5 1/2 Mulberry St.      Nashua, NH 03060,  Portsmouth: 155 Fleet St.            Portsmouth, NH 03803, 

Office hours by Appointment only.

While Attorney Hynes maintain offices in Nashua, Manchester, Bedford, Concord, and Portsmouth during normal business hours, night and weekend appointments are also available. Home visits may also be available. Call now to schedule your appointment: (603) 674 - 5183.
New Hampshire Office locations include  Nashua, Portsmouth, Hudson,  New Hampshire

N.H. DWI Attorney & N.H. DWI Lawyer, Attorney Hynes handles all Traffic, Misdemeanor, and Felony cases involving DMV / License Suspensions, DWI Driving while intoxicated, /DUI, Driving under influence,Aggravated DWI, DWI Subsequent , Felony DWI, Boating while intoxicated,  Domestic Violence, Drug Crimes, DWI / DUI, Driving Under the Influence - New Hampshire Dwi Lawyers Nashua dwi lawyer. Drunk driving defense includes the criminal case and any administrative hearings at the Department of motor vehicles (DMV).