Results

 

Recent Results

Good lawyers often get good results. Great lawyers often get great results.

Partial Disclaimer:

The following results are just some of the hundreds of cases Dan Hynes and his associates have handled. Past results do not guarantee future results. DWI cases are very fact specific and the smallest detail can often be the difference between winning and losing. I do not win every case or issue I handle. Every lawyer who is in Court and handles DWI trials often will lose trials.

In the case of plea bargains, effective plea bargains are often the result of previous victories. Lawyers who constantly plea cases may not get the same offers because the prosecutor knows the lawyer will not fight and go to trial. Further, an experienced DWI lawyer will know when an offer is not good. In some cases where I have lost, the sentence imposed after being found guilty was less than the plea offer.

As of November 2011, Attorney Hynes will no longer be mentioning the name of the Police Department or arresting/prosecuting agency for any case that is resolved via a plea offer. I will still mention the Court/town/county. As of June 2014, I do not intend to regularly update with results anymore. I may post specific cases in my blog if I feel it would help others.

 

Disclaimer: Past results do not guarantee future results. No Attorney can guarantee or promise a specific outcome. Each case and each client are different.

 

#178 Charges: DWI

 Location: Lancaster District Court

Client charged with DWI and had previous offenses in MA. A conviction for DWI would have lead to a 10 year loss of license.

Result: DWI dismissed. Plea to reckless driving & disobeying an officer.

 

 

 

#177 Charges: DWI

 

 Location: Rochester District Court

 

Client charged with DWI after being in an accident which caused serious injury. As part of the plea negotiations, the prosecutor agreed not to go forward with felony DWI.

 

Result: Plea to minimums on standard DWI. No jail time.

 

 

 

 

 

#176  Charges: Aggravated DWI

 Location: Berlin District Court

Client charged with Aggravated DWI after being in an accident and having a breath test above .16.

Result: Aggravated DWI dismissed. Plea to standard DWI 6 month loss of license.

 

 

 

#175 Charges: Aggravated DWI

 Location: Concord District Court

Client charged with Aggravated DWI after being in an accident and having a breath test above .16. After a lot of negotiations and hiring an expert to testify about GERD, the prosecutor eventually agreed to go with just the standard DWI.

Result: No jail time.

 

 

#174  Charges: DWI

 Location: Merrimack District Court

Client charged with DWI & possession of drugs. Client is entering the nursing field and a criminal conviction would likely impact her ability to become certified and obtain a job.

Result: Drug charge reduced from misdemeanor to a violation. DWI dismissed and a plea to reckless driving. Less license loss & no criminal conviction.

 

 

#173  Charges: DWI

 Location: Plymouth District Court

Client charged with DWI.

Result: DWI dismissed, plea to reckless driving, state dropped additional 6 month license loss for refusing.

 

 

#172 April 2014 Charges: DWI

 Location: Goffstown District Court

Client charged with DWI.

Result: Drug charge reduced from misdemeanor to a violation. DWI dismissed and a plea to reckless driving. Less license loss & no criminal conviction.

 

 

#171 April 2014 Charges: Aggravated DWI

 Location: Dover District Court

Client charged with aggravated DWI for a breath test .16+.

Result: Plea to minimums on standard DWI - 90 day license loss. Avoided jail and 12 month license loss

 

 

#170 March 2014 Charges: DWI

 Location: Jaffrey District Court

 

Client charged with DWI & possession of drugs. Client is entering the nursing field and a criminal conviction would likely impact her ability to become certified and obtain a job.

Result: Drug charge reduced from misdemeanor to a violation. DWI dismissed and a plea to reckless driving. Less license loss & no criminal conviction.

 

#169 March 2014 Charges: DWI

 Location: Coos County

Client charged DWI & refusing breath test. Faced minimum 9 month loss of license.

Result: No license loss. We won the ALS hearing from the refusal and the DWI was dismissed and reduced to negligent driving with no loss of license!

 

 

#167 & 168 Feb 2014 Charges: Two clients charged with Aggravated DWI for a breath test .16 or higher

 

 Location: Concord District Court

 

Both aggravated DWI charges dimissed, plea to standard non-aggravated DWI.

Result: No jail time.

 

#166 February 2014 Charges: Aggravated DWI

 

 Location: Merrimack District Court

 

Client charged with aggravated DWI for committing DWI while doing 30+ above the speed limit. Part of plea negotiations resulted in the 6 month license loss for refusing to be dropped, and the aggravated DWI dismissed in exchange for a plea to standard DWI with a 6 month loss of license

 

Result: No jail time or minimum 12 month license loss.

 

#165 February 2014 Charges: DWU & Refusal

 

 Location: DMV & District court in Coos County

 

Client charged with DWI and faced a 6 month license loss for refusing the breath test. We won at the DMV hearing on the refusal, and the DWI was dismissed with a plea to negligent driving.

 

Result: No license loss!

 

 

#164 January 2014 Charges: Second offense DWI & drug charges

 Location: Kingston District Court

Client charged with second offense DWI and other drug charges. A plea was reached to reduce the second offense to a first offense and drop the 2 year license loss for refusing a breath/blood test. Client avoided the mandatory jail time of a second offense DWI.

Result: No jail time.

#163 January 2014 Charges: Aggravated DWI & Standard DWI

 Location: Manchester District Court

Client charged with aggravated DWI for having a breath test .16 or higher. Plea negotiations resulted in the aggravated DWI being reduced.

Result: Plea to standard dwi.

#162 January Charges: Aggravated DWI & Standard DWI

 Location: Keene District Court

Client faced agrgavated DWI penalties for blood test .16 or higher.

Result: Aggravated DWI dismissed, plea to minimums on standard DWI which avoided jail and a lengthly license loss.

 

#161 December 2013 Charges: Aggravated DWI & Standard DWI

 Location: Manchester District Court

Client charged with aggravated DWI for having a breath test .16 or higher. Plea negotiations resulted in the aggravated DWI being dismissed, and the minimum 90 day license loss on a standard DWI and the State dropped the 6 month license loss for testing above the legal limit.

Result: Aggravated DWI dismissed, plea to minimums on standard DWI which avoided jail and a lengthly license loss.

 

#160 December 2013 Charges: Boating while intoxicated (BWI)

 Location: Ossipee District Court

Client charged boating under the influence. The penalties on a BWI are the same as DWI and include mandatory license loss and a criminal conviction. Client is a lawyer and a criminal conviction could affect his career. As part of a plea bargain, the BWI charge was dismissed in exchange for a plea to a motor vehicle boating violaion.

Result: BWI dismissed, no criminal record or license loss

 

#159 November 2013 Charges: Driving while intoxicated Per Se & Ability impaired

 Location: Concord District Court

Client charged with two counts of DWI for having a blood test above the legal limit.

Result: DWI dismissed, plea to reckless driving.

 

#158 November  2013 Issue: Interlock Hearing Requirement

Location: DMV

Client was previously charged with aggravated DWI for having a BAC .16 or higher. We were able to get that dismissed, and no interlock, but the DMV has authority to order an interlock for 1-2 years if it will enhance the safety of the defendant or the public. Client received the letter and we had the interlock hearing.

Result: No interlock required.

#157 November 2013 Charges: Aggravated Driving while intoxicated

 Location: Nashua District Court

Client charged with aggravated DWI for fleeing from the police while committing DWI. Negotiations lead to the aggravated DWI being dismissed.

Result: No Aggravated DWI conviction. 90 day loss of license (No jail time or 12 month loss of license which were minimum penalties if found guilty of aggravated)

#156 October 2013 Charges: Aggravated Driving while intoxicated

 Location: Concord District Court

Client charged with aggravated DWI for having a breath test .16 or higher. Aggravated Dismissed in exchange for a plea to standard DWI.

Result: No Aggravated DWI conviction - 6 month loss of license which runs at the same time as the 6 month loss of license for testing above the legal limit

 

#155 October 2013 Charges: Driving while intoxicated

 Location: Henniker District Court

Client charged with DWI. This is the second DWI we represented the client on and we were able to also get this one reduced to reckless driving. Client had significant jail time hanging over his head from a previous suspended sentence which required good behavior. Getting the criminal offense dismissed will likely help keep him out of jail.

Result: No DWI conviction

 

#154 October 2013 Charges: Aggravated Driving while intoxicated

 Location: Manchester District Court

Client charged with DWI after being involved in a motorcycle accident with injury and giving a blood test of .22. We previously won the ALS hearing due to an issue with the blood which resulted in the Aggravated DWI charge being dismissed in exchange for a plea to standard DWI which avoided mandatory jail time and a minimum 12 month loss of license.

Result: No aggravated DWI conviction. 4 month loss of license, no jail.

 

#153 October 2013 Charges: Driving while intoxicated subsequent offense

 Location: Concord District Court

Client charged with DWI subequent offense and had 2 previous DWI convictions. Plea was reached for a fake first offense to avoid all jail time and lessen the loss of license.

Result: No Subsequent offense DWI conviction and no jail time

 

#152 October 2013 Charges: DWI ability impaired DWI Per Se

 Location: Ossipee District Court

Client charged with DWI for a breath test above the legal limit. Client could not afford to lose license or she would lose her job. We went to trial and got a not guilty verdict.

Result: Not guilty at trial. No DWI conviction and no loss of license

 

#151 October 2013 Charges: Driving while intoxicated 2nd offense

 Location: Derry District Court

Client charged with DWI 2nd offense with a breath test of .11. A plea was reached to reduce to a fake first offense to save the client from going to jail and lessening the license loss

Result: No DWI conviction

 

#150 October  2013 Charges: Driving while intoxicated

 Location: Salem District Court

Client charged with DWI. We previously won the ALS hearing saving client from a 2 year license loss for having a previous breath test refusal. After plea negotiations showed an issue with the state proving client was opeating on a way, the DWI was dismissed in exchange for a plea to negligent operation and a 60 day loss of license.

Result: No DWI conviction

 

#149 October 2013 Charges: Boating while intoxicated subsequent offense

 Location: Laconia District Court

Client charged with BWI ( Boating while intoxicated/boating under the influence). Client faced mandatory jail due to previous DWI convictions. After trial the state was unable to prove a prevoius offense beyond a reasonable doubt.

Result: No mandatory jail time

 

#147 September 2013 Charges: Driving under the influence of drugs (Ambien)

 Location: Plymouth District Court

Client charged with DWI after hitting a guard rail, failing field sobriety tests as well as the 12 step DRE (drug recognition evaluation) and giving a blood test which showed ambien in his system. DWI dismissed and a new complain of negligent driving was plead to.

Result: No DWI conviction and no loss of license so client was able to drive to work and keep his job

 

#146 September 2013 Charges: Interlock Hearing at DMV

 Location: Dept. of Safety

Client convicted of DWI sent letter stating DMV wanted a hearing to determine whether to install an interlock device on her car for having a breath test .16 or higher. We were able to show an interlock device was not required to have the client or public be more safe.

Result: No Interlock

 

#145 August 2013 Charges: DUI & Aggravated DWI

 Location: Hooksett District Court

Client charged with DWI after being involved in an accident. Breath test was .17. We previously won the administrative hearing after showing the prosecutor could not meet their burden showing the breath test was properly administered. Both DWI charges dismissed. Plea to reckless drving.

Result: No DWI conviction or jail time. 60 day total loss of license.

 

#144 August 2013 Charge: aggravated DWI

 Location: Manchester District Court

Client charged with aggravated DWI for a breath test of .20. We had the breath tubes independently tested and there was an issue. Evenutally there was a plea offer to dismiss the aggravated DWI in exchange for a plea to standard DWI.

Result: 6 month license loss. Jail time avoided.

#143 August 2013 Charges: Driving while intoxicated

 Location: Plymouth District Court

Client charged with DWI after going off the road and causing an accident. DWI dismissed in exchange for a plea to reckless driving.

Result: No DWI conviction

 

#142 July 2013 Charges: Second offense DWI

 Location: Salem District Court

Client charged with second offense DWI drugs/alcohol. After extensive negotiations, the DWI was dismissed for a plea to reckless driving. Client has a MA license, and would have been hit with an extensive license loss if found guilty of the DWI.

Result: No DWI or jail time. 90 Day license loss. LADC evaluation. Fines.

 

 

#141 Driving while ability impaired & DWI Per Se (above the legal limit)

 Location: Strafford county

Client charged with 2 counts of DWI for having a breath test above the legal limit. Defense counsel filed a motion arguing the stop was invalid. Minutes before trial began, an offer was made to dismiss both DWIs in exchange for a plea to negligent driving.

Result: No license loss. No DWI or criminal record. $1240 fine.

 

#140 July 2013 Charges: DUI

 Location: Salem District Court

Client charged with driving under the influence of alcohol.

Result: Plea bargain, DWI dismissed, plea to reckless driving.

 

#139 July 2013 Charges: DWI

 Location: Dover District Court

State police charged client with DWI. Plea offer was to plead guilty to DWI with a license loss. Client didn't want a DWI on his record so we went to trial.

Result: Not guilty at trial. No criminal conviction, no additional loss of license, no fines or alcohol class.

 

#138 July 2013 Charges: DWI 2nd Offense

 Location: Newport District Court

Client charged with DWI and had a previous DWI from Vermont. If he was found guilty, he would have been sentenced to jail and a minimum 3 year license loss. Plea negotiated to dismiss the second offense DWI in exchange for a plea to a fake first/ non-true offense first offense.

 

Result: No jail, one year license loss (client gets credit for the 6 months he was already under suspension)

 

#137 June 2013 Charges: Driving while intoxicated

 Location: Dover District Court

Client accused of DWI. Driver had 2 previous major offenses on his motor vehicle record, and a plea to DWI would have made him a habitual offender with a 1-4 year license loss. State police prosecutor's offer involved a DWI conviction and mandatory license loss.

Trooper's police report and testimony claimed an extremely strong odor of alcohol, and claimed the driver had all 6 clues on the eye test, failed the walking test, counted incorrectly and swayed during the one leg stand test, messed up the alphabet test by stopping in the middle and starting over again, and refused both the portable breath test and test at the police station, .

Result: Not guilty after trial. No DWI conviction, no additional loss of license, no fines or alcohol class, and most importantly not a habitual offender.

 

#136 June 2013 Charges: Driving under the influence of drugs

 Location: Manchester District Court

Client accused of driving under the influence of drugs. Officer saw her hit humerous vehicles, and saw an empty can of computer duster to which client admitted she was huffing it while driving and shouldn't have been. Blood results also showed marijuana in her system.

Result: DWI dismissed. No license Loss! $200 fine to plea to inhaling a chemical.

 

#135 June 2013 Charges: Driving while intoxicated & DWI per Se

 Location: Brentwood/Exeter District Court

Client accused of DWI. Blood test above the legal limit and officer also thought he was under the influence of drugs.

Result: DWI dismissed, plea to reckless driving, 4 month total license loss (which is less than the 6 months he originally had for testing above the legal limit)

 

#134 June 2013 Charges: Driving while intoxicated

 Location: Dover District Court

Client accused of DWI. Driver had 2 previous major offenses on his motor vehicle record, and a plea to DWI would have made him a habitual offender with a 1-4 year license loss. State police prosecutor's offer involved a DWI conviction and mandatory license loss.

Trooper's police report and testimony claimed an extremely strong odor of alcohol, and claimed the driver had all 6 clues on the eye test, failed the walking test, counted incorrectly and swayed during the one leg stand test, messed up the alphabet test by stopping in the middle and starting over again, and refused both the portable breath test and test at the police station, .

Result: Not guilty after trial. No DWI conviction, no additional loss of license, no fines or alcohol class, and most importantly not a habitual offender.

#130 May 2013 Charge: DWI Subsequent Offense

Location: Keene District Court

Client charged with second offense DWI. Faced minimium penalties of 3 year license loss and mandatory jail time if convicted. Defense filed a motion to suppress (exclude evidence) arguing the client was unlawfully stopped. Motion granted at trial. All charges dismissed.

Result: Not guilty DWI 2nd offense.

#129 May 2013 Charge: Driving while intoxicated

Location: Nashua District Court

Client charged with driving while intoxicated. According to police reports. driver was pulled over after driving on a rim from a flat tire, crossing the line, and driving at a high rate of speed. When stopped he asked the cop why he was pulled over. The officer stated the client had slurred speech and admitting to drinking. Client is active duty in the military and a DWI conviction would likely mean he would be kicked out. Prosecutor was sympathetic to client's situation and fortunately was willing to reduce the DWI to reckless to save client from having a criminal record. In difficult cases, besides having a good DWI defense lawyer, having a good prosecutor is just as important.

Result: Plea to reckless driving.

 

#128 May 2013 Charge: Driving after suspension, DWI second offense,

Location: Hillsborough District Court

Client charged with driving after suspension and second offense DWI. Client's first DWI was within 2 years of this offense, and if found guilty would have gone to jail for at least 30 days. In addition, a conviction for DWI and operating after suspension, both major offenses toward habitual offender, would have had client deemed a habitual offender. Prior to trial defense counsel filed a motion to exclude the portable breath test result of .17, as well as a motion to keep out evidence of the field sobriety tests. The day before trial, a plea was worked out to dismiss the operating after suspension and second offense DWI, for a plea to standard DWI. Client avoided the minimum 30 days in jail, and received no jail time.

Result: Plea to first offense DWI.

 

#127 May 2013 Charge: DWI Per Se.

Location: Seabrook District Court

Client charged with dwi for a breath test of .13. While it was a difficult case and the client was ultimately found guilty, the sentence imposed by the judge including both a license loss and fine which was half of what the prosecutor offered if the client plead guilty. Sometimes, if the state makes a really bad plea offer, there no choice but to try a difficult case. Especially, if it is likely the sentence would be less after trial. By handling numerous cases, an experienced DWI lawyer can have a pretty good idea of what a sentence will likely be after trial.

 

#126 May 2013 Charge: Aggravated DWI

Location: laconia district court

Client charged with aggravated DWI for a BAC above .16

Result: Plea agreement aggravated DWI dismissed, minimum penalties on standard DWI (90 day license loss) and state dropped the 6 month administrative license suspension which was 6 months. Client avoided mandatory jail time, 12 month license loss, and interlock device by not being found guilty of aggravated DWI

#125 May 2013 DWI Per se and ability impaired

Location: Nashua District court

Client charged with DWI for a breath test of .12. We previously won the administrative license suspension by showing the officer did not comply with client's rights to an independent blood test under the implied consent law.

Result: DWI Dismissed, plea to reckless driving, 60 day license loss, fine, and alcohol evaluation.

#124 April 2013 Charge: Aggravated DWI

Location: Nashua District Court

Client charged with aggravated DWI for a breath test of .20. If client was found guilty of Aggravated DWI it would have had mandatory jail time.

Result: Plea to standard DWI. No mandatory jail time or interlock device.

 

#123 April 2013 Driving under the influence

Location: Nashua District Court

Client is a nurse and a DWI conviction would likely lead to her losing her job.

Result: DWI dismissed, plea to reckless driving, a violation and not a criminal offense.

#122 April 2013 2 Separate unrelated cases. One case was a DWI second offense, other case Aggravated DWI for BAC above .16

Location: A district court in Belknap County

When there is a plea with the prosecutor, the judge still has to accept the plea. These two cases were ones where I thought the Judge would reject the plea offer, but were both accepted.

Result: Both cases had the DWI dismissed and a plea to reckless driving, 60 day license loss, $620 fine, and a LADAC evaluation. Saved clients DWI conviction, and the mandatory jail time associated with aggravated DWI and second offense DWI (which would have resulted in a 3 year license loss)

 

#121 April 2013 Charges: DWI, operating after suspension & open container

Location: Dover District Court

Client charged with DWI. Client has previously continued without a finding (CWAF) DWI in MA, and a conviction on this would have given him second offense penalties in MA. A conviction for DWI and operating after suspension would have made him a habitual offender with up to 4 years license loss.

Result: DWI & Operating after suspension dismissed. Plea to reckless driving & open container.

 

 

#120 April 2013 Charge: Driving while intoxicated

Location: Candia District Court

Client charged with DWI and felony possession of drugs (narcotics) and misdemeanor possession of marijuana. Drug charges dismissed, DWI dismissed, plea to reckless driving.

Result: DWI reduced to reckless driving - 60 day license loss $500 fine, and LADAC evaluation.

#111 March 2013 Charge: Aggravated Driving while intoxicated

Location: Conway District Court

Client charged with aggravated DWI for breath test above .16. Plea to standard dwi, minimum license loss (90 days) and state dropped the 6 month license loss for testing above the legal limit.

Result: Minimums on standard DWI, no jail time

#110 March 2013 Charge: Driving while intoxicated

Location: Conway District Court

Client charged with DWI based upon failing the field sobriety tests, having a strong odor of alcohol, extremely slurred speech, unsteady on his feet, 6 beer caps in his pocket, and a witness that said he wasn't suprised he got arrested for DWI as client had been drinking heavily.

Result: DWI reduced to reckless driving - 60 day license loss & $1000 fine.

 

#109 March 2013 Charge: Breath test above the legal llimit administrative license suspension

Location: DMV

Client faced 6 month license loss for testing above the legal limit. After requesting an administrative license suspension (ALS) hearing, we were able to show the officer failed to comply with the implied consent statute by giving improper legal advice regarding the right to an independent blood test.

Result: No license loss for test above legal limit.

#108 March 2013 Charge: Aggravated Driving while intoxicated & Felony drug possession

Location: Concord District Court

Under 21 Client charged with aggravated DWI for a breath test above .16 & felony drug possession.

Result: Aggravated DWI reduced to standard DWI, felony charge reduced to misdemeanor. No imposed jail time or felony conviction.

#107 February 2013 Charge: Breath test over the legal limit (.17)

Location: Department of safety (DMV)

Client faced 6 month license loss for testing above the legal limit. We requested an ALS hearing in the required timeframe. At the hearing, we were able to show the officer did not properly follow the breath test regulation by properly observing the 20 minute observation period.

Result: No license suspension for the test above the limit.

 

#106 February 2013 Charge: Driving while intoxicated, disobeying a police officer & speeding

Location: Milford District Court

Client charged with DWI and disobeying a police officer. Client refused the breath test, which we previously were able to get the license suspension dismissed on two separate grounds at the hearing including that the officer lacked reasonable suspicion to believe the driver was impaired due to alcohol. The prosecutor agreed to dismiss the DWI in exchange for a plea to violation level negligent driving

Result: Negligent driving: 20 day license loss & $620 fine, guilty to disobeying an officer - fine.

#105 February 2013 Charge: Driving while intoxicated & Aggravated DWI for more than 30+ above the speed limit

Location: Nashua District Court

Client charged with DWI for a breath test above the limit, and aggravated DWI for doing 30+ mph above the speed limit while committing DWI. Client faced minimum 12 month license loss and jail time if convicted of aggravated dwi.

Result: Both DWIs dismissed, plea to reckless driving. 60 day license loss, $620 fine. Speeding: $620 fine.

#104 February  2013 Charge: Refusing a breath test

Location: DMV

Client faced a 6 month license loss for refusing a breath test after being charged with DWI. We requested a hearing during the required 30 day timeframe and we able ot show the State failed to meet their burden. We actually won the hearing on two separate grounds: 1, the officer lacked reasonable grounds to believe the client was impaired, and 2: the office gave incorrect legal advice regarding the consequences of refusing the breath test.

Result: No license loss for refusing the breath test.

#103 January 2013 Charge: DWI second offense

Location: Lanacaster District Court

Client charged with DWI second offense for having a .14 BAC. Defense counsel filed a motion arguing client was unlawfully stopped. State offered a plea to a first offense DWI, 12 month license loss, no jail time, and State would drop the 2 year license loss that was already in place for testing above the legal limit.

Result: First offense DWI, 12 month license loss upon enrolling IDCMP within timeframe.

#102 January 2013 Charge: Driving while intoxicated

Location: Rockingham County

Client charged with DWI years ago and plead guilty without a lawyer. After client was charged with a second offense DWI, we were able to get the guilty plea vacated on the first offense. Once the case was reopened and scheduled for trial, on the day of trial there was an offer to plea guilty to reckless driving. Client got credit for the time she previously did, and actually was owed a redund from the State for paying more of a finei n the first place. Please note, it is incredibly difficult to have a previous guilty plea set aside/vacated, especially if you had a lawyer at the time. Buyer's remorse is not a good enough reason to get a guilty plea vacated. Consult with a good DWI lawyer BEFORE you plea guilty, not after you do so and then regret it.

Result: Previous DWI vacated, no dwi conviction.

 

#101 January 2013 Charge: Driving while intoxicated

Location: Portsmouth District Court

Client charged with DWI. We previously won at an ALS hearing by showing there was no jurisdiction due to an improperly sworn report. Client could not lose his license as it would affect his job. On the day of trial prosecutor agreed to dismiss the DWI in exchange for a guilty plea to negligent driving and disorderly conduct, both violations

Result: 30 day loss of license, $620 fine. Client had to enroll in the IDCMP alcohol evaluation.

 

#100 January 2013 Charge: Aggravated DWI

Location: Hillsborough

Client charged with aggravated DWI for a blood test above .16. State offered to reduce to a standard DWI with an increased license loss, or the minimums on an aggravated DWI. Client wanted his license back as soon as possible and opted for the aggravated DWI with a 12 month loss of license. Client was arrested in 2012 when the aggravated DWI sentence was 3 days in jail and a 7 day multiple offender program. The new statute is a minimum 5 days in jail. We were able to work out a hybrid sentence to save the client jail time.

Result: Aggravated DWI. 3 days jail, ICMP, $930 fine & eligible for return of license in 12 months.

99 January 2013 Charge: Under 21 DWI

Location: Laconia District Court

Client who was under 21 was charged with DWI for giving a breath test of .10 (5 times the legal limit for under 21 of .02 legal limit). Client is looking to become a police officer like his father and would be ineligible in Massachusetts if he were convicted of DWI. In this case, the officer mistakenly did not label each of the breath test tubes. Prior to trial defense was able to obtain an expert witness related to this issue. Ultimately, the judge allowed the breath test into evidence, but held the error would go to the weight of the evidence. At the end of trial the defense was able to show the client was not impaired and did not have a breath test above .02.

Result - Not guilty. No DWI conviction or minimum 12 month license loss.

98 Decemeber  2012 Charge: Under 21 DWI

Location: Hillsborough County

Most police officers are honest. In this case, there was an issue regarding informing the driver of her administraative license suspension (ALS) rights. Thankfully, the officer testified as to what he did. We first won at the ALS hearing showing it wasn't a valid refusal, then the prosecutor agreed to dismiss the dwi in exchange for a guilty plea to reckless driving. Client was originally facing an 18 month loss of license. We were able to get it reduced to 60 days and no DWI conviction.

Result: $500 fine +PA, 60 day loss of license

 

97 December 2012 Charge: DWI Second offense within 2 years of first offense

Location: Concord District Court

Client charged with a 2nd offesne DWI where his first was within 2 years. Breath test of .16. Client originally hired another lawyer who got an offer to the minimums on a second offense: 30 days in jail, 7 day inpatient alcohol program, and a 3 year loss of license. Client could not afford to go to jail that long so he hired me. I was able to get the prosecutor to drop the second offense in exchange for a plea to aggravated dwi with suspended jail time except for the 3 days mandatory minimum.

Result: 3 days in jail, IDCMP in lieu of MOP (this likely will help client as the IDCMP is probably not 7 straight days)

 

 

96 November 2012 Charge: Aggravated DWI

Location: Nashua District Court

Client charged with aggravated DWI for a blood test over .16. State agreed to dismiss the aggravated DWI in exchange for a plea to the minimums on a standard DWI. State agrees to not go forward with the 6 month loss of license for testing above .08

Result: $500 fine +PA, 9 month loss of license, right to reduce to 90 days upon enrolling IDIP within 45 days. - No jail time or 12+ loss of license associated with Aggravated DWI.

 

95 November 2012 Charge: DWI - driving with ability impaired, and DWI per se - breath test over .08

Location: Dover District Court

Client charged with DWI. Failed 2 field sobriety test, and gave a portable breath test above the legal limit, as well as back at the police station. Prosecutor refused to accept an offer for reckless driving. At trial we argued the officer did not have probable cause to arrest. The judge agreed and the case was dismissed and client was found not guilty. In this case, we also previously won at an ALS hearing regarding the refusal. Client had no loss of license. While just about everyone who comes to me and wants me to help them wants no DWI conviction and no loss of license, it is incredibly difficult to obtain that result. This is one case where it happened.

Result: Not guilty at trial! No license loss

 

94 November 2012 Charge: Second offense DWI

Location: Concord District Court

Client charged with second offense DWI. Gave a breath test on the side of the road of .08, but then refused a blood test at the police station.Plea offer to DWI 1st offense where a dwi conviction appears on his record but is not alleged in the complaint (also referred to as a non-true first offense, or fake first offense). 12 Month loss of license, client eligible to get license back after 6 months upon enrolling in the 20 hour alcohol class within 45 days.

Result: No jail time, 7 day MOP or 3 year license loss which are all mandatory if client was found guilty of a secong offense.

 

93 November 2012 Charge: DWI

Location: Exeter/Kingston District Court

Client charged with DWI. Failed all field sobriety tests, refused a blood test. Plea to dismiss DWI in exchange for guilty plea to reckless driving

Result: $500 fine +PA, 60 day license loss, complete a LADC alcohol evaluation. No criminal record or DWI conviction.

 

92 November 2012 Charge: DWI

Location: Seabrook District Court

Client charged with DW and had a blood test over .20. Prior to the arraignment, we were able to negotiate with the prosecutor to not bring forth the Aggravated DWI time. Client plead guilty to the minimums on a standard DWI, and the prosecutor dropped the 6 month license suspension for testing above the legal limit. However, in all liklihood, the client will have to do aftercare after completing the IDIP program, as the program finds people at high risk who have a test of .16 or higher. Please note, it is incredibly rare to receive the minimum penalties for a standard DWI for a charge that is well above the limit on the aggravated DWI. Often, the difference between going to trial or not, is just how generous a prosecutor is going to be.

Result: $500 fine +penalty assessment ($120), 90 day loss of license, no jail time or 7 day alcohol program

 

91 November 2012 Charge: DWI

Location: Manchester District Court

Client charged with DWI. Client had numerous DWis on his record more than 10 years ago. If client were convicted of DWI, he likely would have had significant aftercare for being high risk. Prosecutor originally offered 6 month loss of license for a guilty plea to DWI. We won the ALS hearing by showing it was not reasonable for the officer to believe the client was impaired to alcohol. Prosecutor agreed to reduce the DWI in exchange for a plea to reckless driving.

Result: $500 fine & PA, 60 day loss of license

 

90 November 2012 Charge: Aggravated DWI

Location: Salem District Court

Client facing aggravated DWI for breath test .16 or higher. Prosecutor agreed to a plea to standard DWI, 5 month loss of license, and drop the 6 month license loss for testing over .08. Even after agreeing to this plea, we had to approach the bench and demonstrate to the judge why he should accept the plea.

Result: $620 5 month loss of license. No jail time or 7 day alcohol treatment program

 

89 November 2012 Charge: DWI second offense

Location: Nashua District Court

Client charged with DWI second offense. First offense was from another state.

Prosecutor agreed to dismiss the second offense in exchange for a plea to enhanced penalties on a first offense.

Result: 2 year loss of license. No jail time or 7 day alcohol program

 

88 October  2012 Charge: Breath test refusal

Location: ALS Hearing

Client charged with refusing a breath test after being arrested for DWI

At the administrative license suspension hearing, we were able to show the Hearing Examiner lacked jurisdiction to hear the issue due to an improperly sworn report. In more than 100 hearings that I have done, this is the first time I have ever won on this issue.

Result: no license loss for refusing a breath test

 

 

#87 October  2012 Charge: DWI second offense

Location: Goffstown District Court

Client charged with DWI second offense. Gave a breath test of .08 and blood that was rounded to .08. Originally received a letter saying he would face a 2 year license loss for testing above the legal limit. At the hearing, we showed he was not above the legal limit, and his license was reinstated.

In the criminal case, after filing a motion dealing with an issue with the breath test, the State made an offer to plea to a first offense DWI with a 6 month total license loss. If client was found guilty of DWI subsequent offense, he would have faced a 3 year license loss, and jail time.

Result: $500 fine + PA, eligibile to receive license back in 6 months upon enrolling Phase II program within 45 days.

 

86 October  2012 Charge: Aggravated DWI & Possession of Drugs

Location: Hillsborough County

Client charged with Aggravated DWI for having a breaht test of .25. After geting the breath independently tested, there was a potential issue. State agreed to dismiss the aggravated DWI and not bring a charge of transporting drugs ( a major offense which would have made client a habitual offender) in exchange for a plea to an enhanced license loss on a standard DWI

Result: 12 month license loss, no jail time or 7 day alcohol program

85 October  2012 Charge: DWI drugs third offense

Location: Merrimack District Court

Client charged with third offense DWI drugs for having a high amount of prescription medication in her system. If convicted, she faced 180 days in jail, of which 150 can be deferred for good behavior, and indefinite license loss, with eligibility to be reinstated after 5 years. After extensive negotiations and continuances, the prosecutor agreed to bring it as a fake first offense DWI which avoided all jail time

Result: 3 year license loss, no jail time, 7 day Phase 2 alcohol program, $500 fine.

 

84 October  2012 Charge: DWI second offense

Location: Rockingham County

Client was originally charged with DWI second offense. A few months ago defense counsel filed a motion to set aside the guilty plea in the first dwi conviction. Defense argued the plea was not knowing, intelligent, and voluntary. I generally do not try to do this in cases, as it is a difficult burden to meet (especially if you had a lawyer when you plead guilty), however, in this case, there were a couple of issues. The court vacated the previous guilty plea, and it will be scheduled for trial. On the second offense case, we entered a naked guilty plea to a first offense dwi (a naked plea is where the defendant pleas guilty, but both the prosecutor and defense ask for different sentences, and the judge decides and imposes a sentence). The prosecutor asked for a 2 year loss of license, and the 7 day multiple offender program. Defense counsel asked for 90 day loss of license and the 20 hour IDIP alcohol program.

Result: 12 month license loss, right to early reinstatement after 6 months upon enrolling in IDIP within 45 days.

 

 

83 October  2012 Charge: DWI second offense

Location: Rockingham County

Client was originally charged with DWI second offense. A few months ago defense counsel filed a motion to set aside the guilty plea in the first dwi conviction. Defense argued the plea was not knowing, intelligent, and voluntary. I generally do not try to do this in cases, as it is a difficult burden to meet (especially if you had a lawyer when you plead guilty), however, in this case, there were a couple of issues. The court vacated the previous guilty plea, and it will be scheduled for trial. On the second offense case, we entered a naked guilty plea to a first offense dwi (a naked plea is where the defendant pleas guilty, but both the prosecutor and defense ask for different sentences, and the judge decides and imposes a sentence). The prosecutor asked for a 2 year loss of license, and the 7 day multiple offender program. Defense counsel asked for 90 day loss of license and the 20 hour IDIP alcohol program.

Result: 12 month license loss, right to early reinstatement after 6 months upon enrolling in IDIP within 45 days.

 

 

82 September 2012: During this month and the previous month, I managed to win 6 ALS hearings in a row, for different reasons. It is incredibly difficult to win any ALS hearings as the burden of proof is much lower than it is in the criminal case.

 

81 September 2012 Charge: Aggravated DWI

Location: Manchester District Court

Client charged with aggravated DWI for having a breath test of .26. The independent analysis of the breath test showed it was above that but outside a margin of error. State originally wanted 30 days in jail. After plea bargains discussing the issue with the test, the plea was for the mandatory minimum jail time of 3 days on an aggravated dwi.

Result: Minimum imposed jail time of 3 days

 

 

 

80 September 2012 Charge: Driving under the influence of alcohol

 Location: Plymouth District Court

 Client arrested by the Lincoln police department and charged with DWI & transporting alcohol for having an open container in the car. Officer claimed he failed the 3 standardized field sobriety tests, as well as the Rhomberg balance test. This was a unique case where the defendant repeatedly asked for a breath test on the side of the road (PBT), but the officer did not have one. At the police station, when asked to give a breath test he refused. I advised he take the stand and testify as to why he refused the breath test at the police station.

Result: Not guilty of DWI. Transporting alcohol guilty $155 fine but no license loss.

 

79 September 2012 Charge: DWI subsequent offense

 Location: Berlin District Court

 Client charged with 2nd offense dwi and refusing a breath test. Plea to a fake first offense DWI, 12 month loss of license, prosecutor dropped 2 year license loss for refusing breath test.

Result: No jail time

 

 

78 August 2012 Charge: Driving under the influence of alcohol

Location: Plymouth District Court

Client arrested by the Lincoln police department and charged with DWI & transporting alcohol for having an open container in the car. Officer claimed he failed the 3 standardized field sobriety tests, as well as the Rhomberg balance test. This was a unique case where the defendant repeatedly asked for a breath test on the side of the road (PBT), but the officer did not have one. At the police station, when asked to give a breath test he refused. I advised he take the stand and testify as to why he refused the breath test at the police station.

Result: Not guilty of DWI. Transporting alcohol guilty $155 fine but no license loss.

 

77 August 2012 Charge: DWI Aggravated & Standard offense DWI

Location: Lancaster District Court

Client involved in a serious head-on collision car accident. State Trooper arrests for DWI, does field sobriety tests, and around 3 1/2 hours later gets a breath test which was allegedly .18. Client charged with aggravated DWI for having a breath test .16 or higher. Besides there being a huge gap in time between the breath test and the driving, the driver also had evidence that she suffers from GERD and took medication to that effect. Defense counsel was able to retain an expert witness who testified how GERD can give a falsely high reading.

Result: Not guilty on the aggravated DWI (which avoided mandatory jail time and a 7 day in-patient alcohol program). Client was found guilty of the standard DWI and the Judge imposed a significant license loss (likely due to the accident & high BAC).

76 August 2012 Charge: DWI & Felony bribery

Location: Rochester District Court

Client charged with DWI and felony bribery for allegedly telling the officer after he was handcuffed that he would give the officer $1000 to let him go.

Result: Felony dismissed. Minimum sentence on DWI, state dropped the 6 month license suspension for refusing a blood test.

 

75 August 2012 Charge: DWI Per Se for breath test above legal limit

Location: Dover District Court

Client charged with DWI for having a breath test above the legal limit. Defense filed a motion to suppress evidence arguing the stop was invalid. State agreed to dismiss the DWI in exchange for a plea to reckless driving. Defense previously won the ALS hearing avoiding a 6 month loss of license for testing above the legal limit.

Result: Reckless driving, no DWI conviction.

 

74 August 2012 Charge: DWI subsequent offense

Location: Hillsborough Superior Court

Client charged with DWI subequent offense. Case proceeded to jury trial. Alleged breath test result of .15. The jury ultimately could not reach a decision and was a hung jury. The result was a mistrial. While I do not really consider this a victory, other people did congratulate me on the result. The reason I mention the case is because I like to make it clear to everyone that I certainly do not win all cases. DWI cases are difficult, particularly if there is a test above the so called legal limit. When the test is almost twice that limit, without an expert witness, it is very difficult to show someone is not impaired by alcohol, even when no scientific evidence is presented to show people are impaired at .08. Unfortunately, there is a statute that has the jury presume someone is impaired at .08.

Result: Mistrial.

 

73 August 2012 Charge: Refusing a breath test

Location: Concord DMV

Client charged with DWI and refusing a breath test. At the ALS hearing, we were able to show it was not reasonable for the officer to believe the driver was under the influence of alcohol.

Result: License loss for refusing the breath test rescinded, client got his license back.

 

72 August 2012 Charge: DWI

Location: Derry District Court

Client plead guilty to DWI years ago without a lawyer. We were able to show the plea was not knowing, intelligent, and voluntary. The conviction was vacated and we will get to fight the case. Please note, it is incredibly difficult to get a plea set aside if you have already plead guilty, especially if you had a lawyer at the time. Unfortunately, many people plea guilty without a good DWI lawyer and do not really understand the charge, defenses, or consequences of their plea.

Result: DWI conviction overturned.

 

71 August 2012 Charge: Driving while under the influence of drugs

Location: Sullivan County

Client charged with DWI drugs for being involved in a car crash and having some legally prescribed prescription drugs in his sytem. Client is a correction's officer, and a DWI conviction would likely have had a serious impact on his employment. On the day before trial, after extensive plea negotiations, an agreement was reached to dismiss the DWI with a guilty plea to reckless driving.

Result: DWI Dismissed, Plea to violation level reckless driving.

 

70 August 2012 Charge: DWI

Location: Nashua District Court

Client charged with driving under the influence. Client is in the miltary, and a DWI conviction would have serious negative consequences. In New Hampshire, DWI is a misdemeanor. You will have a criminal record if you are found guilty.

Result: DWI Dismissed, Plea to reckless driving, a violation, no criminal record.

69 July 2012 Charge: Aggravated DWI

Location: Concord District Court

Client charged with Aggravated Driving While Intoxicated for having a breath sample of .18. Defense filed a motion to suppress regarding the validity of the stop. Defense was also able to obtain an expert witness who would testify regarding the error rate of the intoxilyzer, as well as why the reading of .18 is not greater than .16 beyond a reasonable doubt. State agreed to reduce the charge to a standard DWI and client is eligible to get her license back in 9 months.

Result: No Aggravated DWI conviction which avoided Jail time, 7 day MOP which costs $1500, and avoided the minimum 12 month loss of license.

 

68 July 2012 Charge: DWI 3rd offense

Location: Ossipee District Court

Client charged with third offense DWI. Penalties if convicted included: Indefinite license loss (with the possibility to petition for  reinstatement after 5 years), 6 months jail time (with the possibility of 5 months of that deferred), and a 28 Day in-patient alcohol program. Client refused the breath test at the police station and already had a two year license loss for that refusal. At the ALS hearing, part of the cross examination showed the client passed one of the field sobriety tests. A motion to suppress was filed in the criminal case regarding the stop, portable breath test (PBT), and Miranda issues.

 

Result: The prosecutor agreed to reduce the charge to a second offense DWI. Penalties: $930 fine, 3 days jail, followed by 7 day multiple offender program (MOP), 1 year interlock device (all the mandatory minimum penalties on a second offense). The prosecutor agreed to drop the 2 year license loss which would have run in addition to any license loss in the criminal case.

67 June 2012 Charge: DWI Subsequent offense & Aggravated dwi for a .19 blood test result

Location: Newport District Court

Client charged with 2nd offense dwi for having a previous one a few years prior, and aggravated dwi for giving a blood sample that came back .19. After reviewing the police reports, defense counsel filed a motion to suppress arguing the officer expanded the scope of the stop by continuing to detain the driver at the side of the road. The prosecutor offered to dismiss the 2nd offense dwi in exchange for a guilty plea to the minimums on aggravated dwi. The prosecutor also dropped the 2 year license loss for testing above the legal limit.

Result: After the judge slighlty modified/increased the sentence above the plea offer, client is eligible for a return of license after 12 months, upon enrolling in the MOP within 45 days. Client also had to pay a fine, serve the minimum 3 days in jail, and will require an interlock device on the vehicle for 2 years once he gets his license back. If client was guilty of 2nd offense dwi, there would have been a mandatory minimim 3 year license loss and up to a year in jail.

 

66 June 2012 Charge: DWI Subsequent offense

Location: Hillsborough Country Superior Court

Client charged with second offense DUI. Driver was arrested after swerving numerously on the highway and admitting to having 2 beers. We previously lost a bench trial at Manchester district court, and the judge imposed a sentence of a 3 year license loss, 2 year interlock device, and 30 days in jail. Even though we were not able to win that trial, the client had faith in me and thought I presented a good defense and wanted me to keep representing him. We decided to appeal to superior court for a jury trial. Thankfully, the Trooper who testified for the prosecutor is a very honest officer and agreed with some of the potential issues with the case, such as the driver not having any balance or coordination issues. Additionally, even though the defendant has a right not to testify, he wanted the jury to hear his side of the case. His testimony likely helped the jury understand everything that happened that night.

After the trial ended, the Jury returned a Not Guilty verdict after around a half hour.

Result: Not guilty. No DWI conviction. No jail time, multiple offender (MOP) alcohol program, or interlock device. Client's license is to be reinstated (If you are found guilty at district court of dwi, you will always lose your license during the course of appeal)

 

65 May 2012 Charge: DWI & Aggravated DWI Per Se (.16+)

Location: Henniker District Court

Driver charged with aggravated DWI after going off the road and ultimately giving a breath test of .24. In a difficult case, the prosecutor agreed to dismiss the aggravated DWI in exchange for enhanced penalties on a standard DWI.

Result: Aggravated DWI dismissed. Plea to DWI. No jail time or 7 day multiple offender (MOP) alcohol program.

64 May 2012 Charge: Driving while ability impaired

Location: Lebanon District Court

Client is a professor at a college and was charge with DWI after being involved in a car accident and allegedly failing the field sobriety tests and refusing a breath test. State's original offer was plea guilty to the DWI and a 6 month license loss. Months ago at the administrative license suspension hearing, we were successful at an ALS hearing and client kept his license. Fortunately, this police department is one of the few in the State who have video cameras, so the results of the field sobriety tests were on video, and defense counsel can see any mistakes the officer made. On the day before trial prosecutor offered to dismiss the DWI in exchange for a plea to reckless driving, a violation so client will not have a criminal record.

Result: DWI dismissed, plea to reckless driving with license loss, fine and alcohol evaluation.

 

63 May 2012 Charge: Driving while intoxicated Per Se offense & Ability impaired.

Location: Exeter District Court

Client charged with DWI for having a breath test of .13. If the case went to trial, defense counsel recommended obtaining an expert to testify how GERD could have given a falsely high reading. Prior to trial, prosecutor offered to dismiss the DWI in exchange for a plea to reckless driving.

Result: No dwi conviction, which would include having a criminal record.

62 May 2012 Charge: DWI 2nd Offense

Location: Goffstown District Court

Client charged with DWI second offense and had an alleged breath test of .12. The State charged with a second offense because client allegedly had a previous DWI in Maine. On the day of trial, defense counsel pointed out problems with the first offense conviction, arguing the State would not be able to prove it. Defense further filed a motion to keep out evidence arguing the stop on the night in question was invalid.

Result: DWI subsequent offense dismissed. Plea to first offense DWI with minimum license loss, no jail time. Because we previously won at an ALS hearing, client did not lose his license for 2 years for that charge, or 3 years for the DWI. Total license by the court was 90 days.

During the month of April, I had two DWI cases go to trial. One was a not guilty verdict for a 2nd offense, the other case did result in a guitly verdict for DWI. It is impossible to win or get every case dismissed. Besides each case being different, in many cases some Judges might decide a case one way, where a different Judge could decide the case differently.

 

61 April 2012 Charge: DWI 2nd Offense

Location: Belknap County

Client charged with DWI second offense. Facing 3 year license loss, 3 days in jail, and a 7 day alcohol program if convicted.

Defense counsel filed a motion to keep out certain evidence, claiming the officer did not have a valid reason to stop the driver, and the cop should not have stopped the driver in a different town than where the cop is employed. The judge actually granted both motions to suppress evidence and the case was dismissed (Although winning either one would have resulted in the same outcome).

In fairness to the prosecutor, there was a very fair plea offer in this case which the client ultimately did not want to accept.

Outcome: Not guilty on DWI second offense.

 

60 April 2012 Charge: DWI Per Se (Breath test above .08) and DWI ability impaired

Arresting Department: New Hampshire State Police

Client was pulled over for speeding, allegedly failed all the field sobriety tests by the officers and had a breath test of .13. Defense retained an expert witness to dispute the validity of the field sobriety tests and to demonstrate client's tongue ring could have given a false highly reading on the breath test machine. There was also a potential issue with the officer's previous testimony.

On the day of trial, the State agreed to dismiss the DWI in exchange for a plea to negligent driving, a violation, and a $500 fine, and to complete an alcohol evaluation. Client is in the medical field, and a DWI conviction could have meant she would lose her job, either for a license loss, or for having a criminal record. We previously won at the administrative license suspension hearing after the State failed to prove there was a valid breath test above the legal limit.

Result: No license loss, no criminal record.  Please note, this is not a typical outcome. It is very rare to be successful at both an administrative license suspension hearing, and to have the criminal case resolved without any license loss. Additionally, in my experience, it is more difficult to have the State Police reduce charges, as opposed to local police departments. However, each case, and each department is very different. Further, this case demonstrates the importantance of having an expert defense witness. While the cost to retain the witness can be a couple thousand of dollars or more, in this case, it easily will pay for itself by saving the client from expensive SR-22 insurance, and by allowing her to keep her job and career.

 

59 March 2012 Charge: DWI Subsequent Offense & Operating After Suspension for DWI

Location: Rockingham County

This case was probably the most difficult case I have handled all year. Driver was charged with a subsequent offense DWI, and aggravated DWI for a blood test over .16. Client was also charged with operating after suspension of DWI. Unfortunately, the previous DWI which the client was under suspension for, was only a few months prior to the current charge, and he was still under suspension for it. The penalties if convicted of the subsequent offense were 30 days in jail, up to 1 year in jail, and at least a 3 year license loss. The Operating after suspension also had mandatory jail time. After extensive plea negotiations, the prosecutor agreed to seek the minimum penalties on the dwi subequent offense and have the jail time on the operating after suspension run at the same time. The aggravated DWI was dismissed as an alternative theory. In New Hampshire, the Judge does not have to accept a plea agreement between the defense and prosecutor. This case was one of the ones that I thought might be rejected. Fortunately, the Court did accept the agreement.

58 March 2012 Charge: DWI Second Offense - Testing above the legal limit

Location: DMV Department of Safety

Driver facing a two year loss of license for testing above the legal limit. The result was allegedly .13. Attorney Hynes recommended having an administrative license suspension hearing to challenge the breath test. A request was submitted within the required 30 days after arrest. At the hearing, the police failed to show it was a valid test above the legal limit.

Result: No two year loss of license. License was immediately reinstated so client can drive to work.

57 February 2012 Charge: DWI.

Location: Milford District Court

Defendant charged with DWI and refusal of a breath test case. Client was facing 90 day loss of license, up to 2 years on the DWI, and an additional 6 month loss of license for refusing the breath test. Driver needed her license back as soon as possible. In exchange for pleaing guilty to DWI, the prosecutor offered the minimum sentence, and agreed to drop the additional 6 month license loss for refusing a breath test case. Not all cases are winnable. Further, in many situations, a plea can be the quickest way for the driver to get back a license as soon as possible.

Result: 90 day loss of license.

56 February 2012 Charge: Aggravated DWI - Excessive BAC & DWI Per Se.

Location: New Hampshire State Police Case

Client charged with aggravated DWI for having an alleged BAC of .21. Prosecutor was unwilling to reduce the charge due to the BAC being much over .16. Defense was able to consult with an expert witness to show the possibility that GERD increased the breath test result to make it inaccurate. Prosecutor eventually was willing to reduce the charge to a plea to standard dwi. This case emphasises the importance of hiring an expert witness to defend your case. In Attorney Hynes' opinion, the prosecutor would not have reduced the charge without the testimony of the Expert witness (and perhaps Attorney Hynes' willingness to take the case to trial, as the plea was offered shortly before trial)

Result: Aggravated DWI Dismissed. No mandatory jail time or multiple offender program (saving the client around $1000).

55 February 2012 Charge: N.H. RSA 265-A:2 DWI/Drunk Driving

Location: Hillsborough County

Client charged with DUI. Prior to trial Attorney Hynes filed a motion to exclude the results of the field sobriety tests and that the stop was invalid.

Result: Prosecutor agreed to dismiss the DWI in exchange for a guilty plea to reckless driving.

54 February 2012 Charge: Driving under the influence

Location: Manchester District Court

Driver charged with DUI. Allegedly had balance issues and failed the HGN/eye test. Client had a Connecticut driver's license and would have faced significant penalties if found guilty of DWI.

Result: DUI dismissed in exchange for a plea to reckless driving. This saved client the likely 1 year license loss she would have been facing in her home state. Please note, Attorney Hynes is not admitted to practice in any State other than Massachusetts or New Hampshire. If you are charged with DWI in N.H. and have a driver's license from another state, it is strongly advised you consult with an attorney from your state in order to determine all of the potential consequences you will be facing.

53: January 2012 Charge: Aggravated DWI for driving under the influence and doing more than 30 mph above the speed limit; DWI - Ability impaired.

Location: Salem District Court

Client charged with aggravated DWI for allegedly doing 30+ mph above the speed limit while committing DWI. Facing mandatory jail time and 1 year license loss if convicted. After extensive negotiations, the prosecutor agreed to dismiss the aggravated dwi in exchange for a plea to standard dwi.

Result: Aggravated DWI dismissed. No jail time or 7 day multiple offender program. Plea to standard dwi.

52: January 2012 Charge: Driving under the influence - N.H. RSA 265-A:2

Location: Milford District Court

Client charged with DWI. Allegedly failed the field sobriety tests (HGN, walk and turn, one leg stand) and refused a breath test. Client is working on entering the health profession, and a DWI conviction could prohibit his employment.

Result: DWI dismissed in exchange for violation level Reckless Driving. No DWI conviction, client will not have a criminal record.

2012 - Client with Massachusetts license charged with DWI in NH. Client had a previous continued with a fainding (CWAF) OUI in MA. If convicted MA would normally treat the NH first offense as a second offense. We were able to appeal to the MA RMV to get them to give a Cahill disposition to reduce the license loss and have him eligible for a hardship license sooner.

51: December 2011 Charge: Driving under the influence - N.H. RSA 265-A:2

Location: Jaffrey District Court

Client charged with DWI. Allegedly failed the field sobriety tests, and told the officer in response to whether he had any medical conditions: "yeah, drunk". After reviewing police reports, and records of why the driver was stopped, defense counsel filed a motion to keep out evidence arguing that client should never have been pulled over in the first place.

Result: Motion granted. DWI Charge completely dismissed at trial.

50: December 2011 Charge: Aggravated Driving while intoxicated

Location: Nashua District Court

Driver charged with DWI. Blood test came back .20 (two and a half times the legal limit). After addressing a possible issue with the blood results, the prosecutor agreed to dismiss the aggravated dwi in exchange for the minimum license loss on a standard dwi.

Result: Aggravated DWI Dismissed/not brought forward, no jail time, no 12 month license loss or 7 day multiple offender DWI program. Client received 90 day license loss & $620 fine.

49: December 2011 Charge: Second offense DWI

Location: Milford District Court

Driver charged with second offense DWI. Facing 3+ year license loss, mandatory jail time, and 7 day MOP program if convicted.

Result: DWI dismissed. Client plead guilty to amended complaint of disorderly conduct (a violation and not a moving violation or major offense toward the habitual offender law) & a $620 fine.

48: November 2011 Charge: DWI - Ability impaired & DWI Per Se.

Location: Hooksett District Court

Driver involved in a car accident, gave a portable breath test result (PBT) of .15, and tested above the legal limit at the police station. Defense counsel filed a motion to suppress.

Result: DWI Dismissed, plea to reckless driving. No criminal record, or mandatory 20 hour impaired driving (IDIP) class.

47: November 2011 Charge: Refusing a breath test

Location: DMV (Department of Motor Vehicles - Department of Safety)

Driver facing mandatory 6 month loss of license for allegedly refusing a breath test. After contesting the refusal, the hearing examiner found the driver "cured" her refusal by stating she would take the test, and it was not an actual refusal.

Result: No license loss!

46: October 2011 Charge: DWI Second Offense, Aggravated DWI, Operating without a license.

Location: Dover District - Somersworth Police

Client charged with a second offense dwi & aggravated dwi for giving a breath test over .16. Client also charged with driving while on a suspended license. A conviction for either the aggravated DWI or 2nd offense dwi would have had mandatory jail-time, and a conviction for DWI and driving while suspended would have resulted in the driver being a habitual offender facing an additional 1-4 years loss of license.

Result: Reduced to first offense DWI, No jail or interlock device. Aggravated DWI, 2nd offense dwi and driving while license suspended all dismissed.

45: September 2011 Charge: DWI Second Offense

Location: Nashua

Client charged with a second offense dwi & for refusing a breath test. Facing 3+ years license loss, mandatory jail time, and an interlock device if convicted of the 2nd offense DWI and 2 year loss of license for refusing the breath test.

Result: Reduced to first offense DWI, No jail or interlock device. Prosecution withdrew license loss for refusing the breath test.

44: September 2011 Charge: Aggravated DWI

Location: Hampton District Court

Client charged with aggravated DWI for having a blood test of 0.24.

Result: Reduced to standard DWI, no jail time or 7 day multiple offender program.

43: September 2011 Charge: Driving while ability impaired due to alcohol (DWI)

Location: Nashua District Court

Client involved in accident, charged with dwi.

Result: Reduced to reckless driving. No dwi conviction or criminal record.

42: August 2011 Charges: Aggravated DWI, DWI Per Se, DWI ability impaired, speeding 30+ over.

Location: Laconia District Court

Client charged with aggravated DWI for doing more than 30 MPH over the speed limit, with a breath test result of .12. Defense counsel questioned the location of the stop, pointing out it might not have been 30+ over, as well as arguing client "passed" at least one of the field sobriety tests. State offered to dismiss the aggravated DWI in exchange for a plea to the minimum license loss on a first offense dwi. State also agreed to drop the 6 month license loss for testing over the legal limit.

Result: 90 day license loss on a plea to standard DWI. No mandatory jail time or 1 year license loss associated with aggravated dwi.

41: August 2011 Charges: Driving under the influence of alcohol

Location: Salem District Court - Pelham PD

Client charged with dwi. After point out issues with the field sobriety tests, the State was willing to reduce the charge to reckless driving.

Result: No DWI Conviction.

40: August 2011 Charges: DWI ability impaired & DWI Per Se (Breath test over .08)

Location: Laconia District Court -

Client charged with dwi. Breath test result of .11. Driver had a Connecticut license and would have received a one year loss of license if convicted on the DWI. Additionally, client was a corrections officer, and a conviction may have affected his employment. Charge was reduced to reckless driving.

Result: No DWI Conviction.

39: August 2011 Charges: Felony DWI, DWI, Possession of narcotics, possession of marijuana, transporting drugs

Client was involved in a car crash and suffered serious injury and transported to the hospital. This lead the State to bring felony dwi charges, as well as felony drug charges. Negotiations led the prosecutor to dismiss all of the felony counts in exchange for a plea to marijuna possession and standard DWI.

Result: No Felony convictions. No mandatory jail time for Felony DWI.

38: August 2011 Charges: DWI

Location: Exeter District Court -

Client charged with driving under the influence. Plea offer to dismiss the DUI in exchange for a conviction for reckless driving.

Result: No DWI Conviction * Attorney Hynes handled the plea negotiations, while Attorney Skoropowski handled the plea hearing itself.

37: July 2011 Charges: Aggravated DWI & 1st offense DWI

Location: Nashua District Court - State Police

Client charged with Aggravated DWI for blowing .23. Defense counsel got the breath tests independently tests. The tests came back outside the margin of error. After discussing this with the prosecutor, as well as other potential issues with the case, the State agreed to dismiss the Aggravated DWI in exchange for a plea to a 6 month loss of license on a standard DWI. The same license loss client has for testing over .08. The license loss will run at the same time.

Result: No Aggravated dwi conviction which would have included among other things mandatory jail time. *Attorney Skoropowski handled the negotiated disposition in this case.

36: June 2011 Charge: Aggravated DWI & 1st offense DWI

Location: Nashua District Court

Client charged with Aggravated DWI for blowing .17. At trial, N.H. DWI GUY was able to show the alcohol level may have been different at the time of driving, and that .17 was within the margin of error for the machine.

Result: Not guilty on Aggravated DWI. No mandatory jail time or extensive license loss. 6 month loss of license on the standard dwi, which will run at the same time as the 6 month loss of license from testing over the legal limit at the DMV.

35: June 2011 Charge: Driving while under the influence

Location: Franklin District Court - Tilton Police Dept.

Client, out of State driver, pulled over for DWI. Eventually refused breath test. After winning the ALS by showing the officer did not have reasonable grounds to ask driver to take test, prosecutor agreed to dismiss the DWI in exchange for a plea to reckless driving. Client was able to plea by mail, and not have to fly back to NH.

Result: DWI dismissed, plea to reckless driving. Client avoided 1 year license loss, and interlock from his home state.

34: June 2011 Charge: DWI ability impaired & DWI Per Se (over .08)

Location: Exeter District Court

At trial, during cross examination of the officer, DWI GUY was able to show the officer did not sufficiently remember the events. Defense objected to the testimony and move to strike it from the record. The Court took the matter under consideration, and eventually issued an order striking the testimony, and all evidence obtained after that point.

Result: Both DWIs dismissed.

33: June 2011 Charge: DWI ability impaired & DWI Per Se (over .08)

Location: Exeter District Court

At trial, during cross examination of the officer, DWI GUY was able to show the officer did not sufficiently remember the events. Defense objected to the testimony and move to strike it from the record. The Court took the matter under consideration, and eventually issued an order striking the testimony, and all evidence obtained after that point.

Result: Both DWIs dismissed.

32: June 2011 Charge: DWI

Location: Nashua District Court

Client, who is in the military, charged with DWI. A conviction would have given him a criminal record, and likely had serious consequences on his military career.

Result: DWI dismissed, plea to reckless conduct. No misdemeanor conviction/criminal record.

31: May 2011 Charge: DWI

Location: Nashua District Court -

Client allegedly swerved, crossed yellow line 3 times, fog line once, failed field sobriety tests, thick tounged speech, and gave a breath sample of .16. Attorney Hynes argued the admissibility of the breath sample and it was kept from evidence.

Result: Not guilty of DWI, likely saved client from being deemed a habitual offender.

30: May 2011 Charge: Aggravated DWI

Location: Nashua District Court

Client who had a previous DWI, was involved in car accident, gave a breath sample of .21/.23, and reportedly said he was too drunk to drive.

Result: Aggravated DWI dismissed in exchange for a plea to standard DWI. No mandatory jail time or 7 day multiple offender program. * Plea handled by Attorney Skoropowski

29: May 2011 Charge:DWI

Location: Salem District Court

Client charged with refusing a breath test and driving under the influence of alcohol.

Result: DWI fully dismissed. Because we also won at the administrative hearing, client did not lose license for a single day.

28: May 2011 Charge:DWI 2nd

Location: Concord District Court

Client charged with a second offense DWI. State offered a plea for 15 days in jail and a 3 year loss of license.

Result: At trial, defense able to show the State could not prove the first offense DWI. Not guilty on subsequent offense DWI. No jail time.

27: April 2011 Charge:DWI 2nd & Aggravated DWI

Location: Candia District Court

Client involved in an accident and allegedly blew a .22. Charged with second offense DWI & aggravated DWI. Mandatory 3 year license loss if convicted on the second offense.

Result: 2nd offense dwi dismissed, plea to mandatory minimums on the aggravated dwi., State dropped the 2 year administrative license suspension loss for testing over the legal limit.

26: April 2011 Charge:Refusing a breath test

Location: DMV

Client facing a 6 month loss of license for refusing a breath test. Attorney Hynes advised client to have an administrative license suspension hearing to challenge the license loss. At the ALS, Attorney Hynes was able to show client never actually refused the breath test.

Result: No license suspension!

25: April 2011 Charge: Second Offense DWI

Location: Conway District Court

Client facing mandatory jail time and a 3+ year loss of license for second offense DWI. On day of trial, State said their officer did not have notice of the case and therefore the State needed a continuance. DWI guy argued client has a right to a speedy trial and the case should be dismissed

Result: Case dismissed.

24: April 2011 Charge: Aggravated DWI & DUI

Location: Merrimack District Court

Client charged with Aggravated DWI for a breath test over .16. If found guilty, client would be sentenced to mandatory jail time and a 12+ month loss of license. At trial after showing the officer did not have a valid reason to pull client over, all charges were dismissed.

Result: Not guilty at trial. No DWI conviction including mandatory jail time.

23: March 2011 Charge: Blood test refusal

Location: Concord DMV

Client on second offense refused blood test and was facing two year loss of license. At hearing DWI GUY argued officer did not have reasonable suspicioin to ask client to take blood test.

Result: License suspension rescinded, no license loss

22: March 2011 Charge: DWI 3rd offense & Aggravated DWI

Client charged with DWI 3rd offense and aggravated DWI for a breath sample over .16. If convicted of a 3rd offense client looking at minimum 6 months mandatory jail, indefinate loss of license, and 28 day in house treatement program.

Charge reduced to minimum jail time on a second offense and minimum license loss of 3 yrs.

21: March 2011 Charge: DWI

Location: Dover District Court

Client allegedly swerving all over the road. According to officer, client fails all three field sobriety tests. Produces a breath test result at the station of .09. Defense argued the test has a margin of error and may not have been properly administered. Defense explains how client could not do the field sobriety tests due to his age and physical limitations.

Result: Not guilty at trial. No License loss or DWI conviction!

20: February 2011 Charge: DWI Drugs & DWI Alcohol

Location: Lebanon District Court

Neighbor reported client hunched over car and stumbling into house. Police show up and claim client smelled like alcohol, didn't know the date, time, or president. Client gave a portable breath test of .35 (more than 4 times the legal limit). Police charged client with driving under the influence of alcohol and/or drugs. At trial, after arguing the breath test was not properly given, client was ultimately found not guilty.

Result: Not guilty at trial. No License loss or DWI conviction!

 

19: February 2011 Charge: DWI Drugs & DWI Alcohol

Location: Nashua District Court

Client involved in a car accident, failed field sobriety tests, and refused to give a blood sample. After peviously winning at the administrative license suspension hearing, the State fully dismissed the charges on the day of trial.

Result: No License loss or DWI conviction!

Featured Case

18: January 2011 Charge: Driving under the influence of drugs and alcohol

Location: Hooksett District Court

Police officer stated the driver was all over the road.Police video cruiser shows client driving over the white line for a few seconds, and taking an improper turn and crossing the yellow line. See video.

Client admitted to having 5 beers. The officer indicated the client had trouble walking and slurred speech. The officer gave him an eye test (HGN) and deemed him a failure. Cop stopped the test for the client's safety as the client was according to the officer falling. At the police station client gave a breath test that came back .11. Client admitted to taking medication and officer found 5 different pill bottles including one allegedly for morphine. Client charged with driving under the influence of drugs and/or alcohol.

N.H. DWI GUY was able to get the results of the breath test thrown out for being improperly administered. After showing the client's condition could have been due to medical issues, as well as the state failing to prove he was under the influence of a controlled drug or alcohol, the judge found him NOT GUILTY.

Result: Not guilty at trial!

17: December 2010 Charge: Aggravated Driving under the influence (DUI)

Location: Concord District Court

Client involved in a car accident, gave breath test of .17. Aggravated DWI dismissed, plea to minimums on a standard DWI and state to withdraw 6 months administrative license suspension.

Result: No mandatory jail time or interlock device, license returned much sooner!

16: December 2010 Charge: Driving under the influence (DUI)

Location: Salem District Court

Client allegedly failed all field sobriety tests, told the officer she had 3 drinks, and refused a breath test.

Result: Not guilty at trial!

15: December 2010 Charge: DWI - Under 21

Location: Manchester District Court

Client, under 21, charged with DWI. Facing minimum license loss of one year. Charge completely dismissed.

Result: No license loss, no fines, no conviction.

 

14: December 2010 Charge: Testing over the legal limit administrative license suspension hearing (ALS)

Client allegedly gave a breath sample of .18. Facing a suspension of 6 months for testing over the legal limit. At the hearing, the officer testified as to why he though the client was impaired and about the breath sample. Knowing the officer left out critical evidence, I did not ask the officer any questions. The same day, the hearing examiner issued a decision finding the officer did not prove his case.

Result: No mandatory license loss for testing over the legal limit.

 

13: December 2010 Charge: Refusing a breath test.

Client, under 21, refused a breath test and was facing a six month loss of license. At the administrative license suspension hearing, DWI GUY was able to show the officer did not have reasonable suspicion to ask client to take the test. The State argued for a driver under 21, the limit is only .02 and therefore the officer doesn't need as much suspicion.The hearing examiner in his order rescinding the license suspension held "this is a close case and could have gone either way".

Result: No mandatory license loss for refusing a breath test.

12: December 2010 Charge: DWI.

Client, under 21, allegedly hit multiple cars, said he drank 30 beers, and had a blood alcohol content of .35 (more than 17 times the legal limit for under 21).

Result: Charge completely dismissed.

 

11: November 2010 Charge: Aggravated DWI

Conway District Court

Client charged with Aggravated DWI for blowing .19, which faced mandatory jail time if convicted, and would lead to client losing his job. Client had previous refusals and was already subject to a 2 year loss of license for blowing over .08. An agreement was reached to dismiss the aggravated dwi and withdraw the 2 year loss of license for a plea to a First Offense DWI.

Result: No jail time and license returned sooner.

10: November 2010 Charge: Refusal for DWI Drugs&Alcohol

Concord DMV

Client charged with DUI and refused a blood test. The officer thought client was under the influence of alcohol and drugs. Client was in a car accident, and officer said client failed all three field sobriety tests and had balance issues and was stumbling. Client refused to give a blood sample and was facing a 6 month loss of license. I argued the officer did not have reasonable suspicion to ask client to give the test,and the hearing examiner agreed.

Result: No license loss.

 

9: October 2010 Charge: DWI Drugs and DWI Alcohol

Portsmouth District Court

Client charged with driving under the influence of alcohol and drugs. Blood test reportedly came back positive for alcohol, marijuana, and clonopin. After informing the prosecutor of the potential problems with the blood test, after confirming it with the State lab, the DWIs were dismissed and changed to reckless conduct.

Result: No DWI conviction.

 

8: September 2010 Charge: DWI Per Se and DWI under the influence.

Nashua District Court

Client charged with driving under the influence of alcohol. Blood test reportedly came back .14, almost twice the legal limit. Prior to trial State questioned why we were having trial with a blood result so high. After asking the arresting officer a few questions Client was found Not Guilty on both dui charges.

Result: Not Guilty at trial.

 

7: September 2010 Charge: DWI - Drugs.

Nashua District Court

Client charged with driving under the influence of drugs. Officer stated he was amazed at how impaired the driver was. State originally wanted 6 months loss of license and client would lose license for at least another year for being a habitual offender if convicted. Attorney Hynes pointed out mistakes made by the Drug Recognition Expert (DRE) and the charge reduced to negligent operation to avoid a DWI conviction and Habitual Offender status. Client avoided more than a year loss of license.

Result: 10 Day loss of license & community service.

6: September 2010

Concord

Charge: DUI

Client charged with DWI and it was his second offense. He refused a breath test, so he was looking at 2 year loss of license for the refusal. A guilty verdict in the criminal case could have been a 3 year loss of license and mandatory jail time.

Client plead to first offense DWI with the minimum allowed penalty of 3 months loss of license. No jail time!

 

5: July 2010

Merrimack District Court

Charge: Conduct After an accident (Leaving scene of accident - Class A Misdemeanor)

Client involved in car accident and left scene without giving proper information. Client already had 2 major motor vehicle violations, and one more would have made her a habitual offender.

Charge dismissed upon payment of restitution for car accident.

No Jail time or Habitual Offender Status!

 

4: June 2010

Nashua District Court

Charge: Aggravated DWI - Mandatory Jail time if convicted.

Client who had no driver's license allegedly gave a breath sample of .20. After Attorney Hynes argued the validity of the breath test, the charge was reduced to simple DWI.

No Jail time!

 

3: June 2010

Concord DMV

Administrative license suspension hearing

Client facing 6 months loss of license for allegedly blowing .20

Result: Attorney Hynes contested the jurisdiction. Charge dismissed. License restored. No llicense loss.

 

 

2: May 2010

Charge: Refusing a breath test - Mandatory 6 months loss of license

New Hampshire DMV - Administrative License Suspension Hearing

Charge dismissed at hearing. No loss of license!

 

 

1: April 2010

Charge: Driving under the influence - Potential license loss up to 2 years, minimum 9 months. (Misdemeanor)

 

Plea Offer to amend DWI charge to Reckless Driving, a violation.

License loss of 60 days, and no criminal record.

 

Disclaimer: Results include any lawyer who is an associate with N.H. DWI GUY, or Liberty Legal Services PLLC.

 

Reviews:

 
N.H. DWI GUY 5.0 Sean W. February 15th 2012 "Got my second offense DWI dismissed" "I cwas charged with a second offense DWI and facing a 3 year license loss and mandatory jail time if convicted. DWI GUY got the state to dismiss the DWI in echange for a plea to a non-driving offense of disorderly conduct. He saved me thousands of dollars and kept me from going to jail. Thanks."