Attorney Hynes - N.H. DWI GUY DWI BLOG

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.

http://news.yahoo.com/drink-alcohol-live-longer-193615870--abc-news.html

"Scientists have surprisingly discovered that a mere trace of alcohol doubles the lifespan of a tiny worm that has become a workhorse in biochemistry laboratories around the world."

"The worm normally lives for only about 15 days, but a trace of alcohol extended that to up to 40 days, according to the study."

"We saw that the life extension was entirely due to the ethanol," Clarke said. "That got us going. How could a typical solvent diluted 1,000-fold have this profound effect?

"Then we found that it would work at 20,000-fold dilution," or one part ethanol to 20,000 parts water, he added. "That level was basically nothing."

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.

http://news.yahoo.com/drinkers-two-booze-free-days-week-mps-103250583.html

Drinkers should have at least two alcohol-free days each week, a committee of British MPs has recommended.

In 1987, the "sensible limits" for drinking were defined as 21 units of alcohol a week for men and 14 for women. By the early 1990s, scientific evidence had emerged suggesting that alcohol consumption might reduce the risk of coronary heart disease, prompting a review of the guidelines.

"There is an increased risk of liver disease for those who drink daily or near-daily compared with those who drink periodically or intermittently."

For anyone who has a drinking problem, and is looking to get help. Please see the alcohol help & resources section of this site.

Driver alleges that after she was ticketed on Oct. 22, Collins searched for her address in the motor-vehicle database and left a handwritten note on  the windshield of her car,  which was parked outside her apartment in the Chicago suburb of Stickney, asking her out on a date.

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"It's Chris … that ugly bald Stickney cop who gave you that ticket. … I know this may seem crazy and you're probably right, but truth is I have not stopped thinking about you since. I don't expect a girl as attractive as you to … even go for a guy like me, but I'm taking a shot anyways."

"I did cost you $132 - least I can do is buy you dinner," the note reportedly read."

http://news.yahoo.com/blogs/abc-blogs/cop-issues-speeding-ticket-asks-driver-date-she-002427538.html

A British man who accidentally left alcohol in a cup which a dog drank, was sentenced by a court to not be allowed to own any dogs.

http://news.yahoo.com/man-banned-owning-dog-puppy-gets-drunk-211729657.html

Police were called and took the dog to an emergency vet, where it was put on a drip to flush the alcohol out of its system.

Magistrate J. A. Smith on Wednesday called the incident "downright stupid."

Top 10 Holidays that people are charged with DWI

1. Fourth of July Weekend
2. Halloween
3. Labor Day Weekend
4. Thanksgiving Weekend
5. Christmas Week
6. Memorial Day Weekend
7. New Year’s Day
8. Super Bowl Sunday
9. New Year’s Eve
10. St. Patrick’s Day

According to the National Highway Traffic Safety Administration (NHTSA), an average of 36 fatalities per day occur because of drunk driving. During the holiday season, that number jumps to 45 per day. Stay safe this season. If you are drinking alcohol don't drive. It just isn't worth the risk. If you have been charged with DWI, hire an experienced dwi lawyer to protect your rights. I understand people make mistakes. Don't make another mistake, call the DWI GUY for a free consultation to discuss your options.

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).