Recent Results

Partial Disclaimer:

The following results are just some of the cases I 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, I 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.

Listen to an actual hearing at the DMV where client was charged with refusing a breath test. Attorney Hynes was able to show the officer did not have reasonable grounds to ask the driver to take a breath test. No license loss for refusing!

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

 

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).

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

 

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.

 

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!

 

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.

 

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.

 

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.

 

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.

 

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.

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.

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.

 

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.

 

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.

 

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.

 

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.

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.

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.

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.

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.

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.

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

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.

 

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.

 

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.

 

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!

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.

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.

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

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.

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!

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!

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

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!

 

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!

 

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!

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.

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.

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.

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.

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.

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.

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.

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.

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.

 

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!

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!

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!

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.

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!

April 2010

Charge: Habitual Offender - Class B Felony - Mandatory Prison time 1 year.

Manchester District Court

Charge reduced to misdemeanor so no minimum 1 year prison sentence.

April 2010

Charge: Transportation of alcohol by a minor. - Mandatory License loss.

Merrimack District Court

Complaint amended to possession of alcohol.

No Loss of License!

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.

March 2010

Charge: Reckless Driving - Mandatory 60 days loss of license.

Manchester District Court

Plea to Negligent Driving

No Loss of License!

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

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