Thursday, March 29, 2012

Not Guilty Result for DWI Arrest in New Hampshire

DWI Arrest in New Hampshire Result - Not Guilty!

I was charged with DWI in NH. The arresting officer asked me to step out of the car and to perform field sobriety tests. I performed adequately on the test. The prosecutor in this case insisted that I plead guilty to the DWI regardless of how well I seemed to do on the field sobriety tests. I hired Attorney Osborne. Attorney Osborne took the case to trial and after a straightforward hearing, I was found NOT GUILTY. If you need legal help, you should contact these guys. Thank You RL.




The Law Office of Shepherd & Osborne
351 Main Street
Nashua, NH 03060
www.shepherdandosborne.net
Phone: 603-595-5525
Fax: 603-595-5533

Emails:
Mark@shepherdandosborne.net
Justin@shepherdandosborne.net



Thursday, March 15, 2012

Dont Get Arrested For a DUI on St Paddy's Day in New Hampshire


The Do's and Don'ts for St Patty's Day in Nashua NH

Happy Saint Patrick’s Day!

As you know this is the time of year when many of us look through our emptied frothy pint glasses and search for Leprechauns and fair Irish maidens.

Here at Shepherd & Osborne, Mark and Justin want to remind you to enjoy the holiday responsibly.  We also want to remind you that in every crowd of green, you will likely see a few shades of blue.  That’s right, Saint Patrick’s Day is like Christmas for police officers who are working DWI patrols and details. You wont be feeling very "lucky if arrested for DUI in New Hampshire.

So, please keep these tips in mind as you venture out on this festive day.
 

If You Are Planning on Drinking
    

  • Drink responsibly
        
  • Make sure you eat before your drink
        
  • Have a designated driver (you might even consider being a designated driver and hold off on drinking until you get home)
        
  • Stay home
        
  • Know your limit BEFORE you start drinking – this is not the day to be doing a test run
        
  • Have the numbers of a few taxi companies in your wallet or purse (the cost of a taxi ride is much cheaper than the attorney’s fees you will be paying if you get arrested for dwi, in addition to the court fines, higher insurance premiums, towing fees, bail, etc.)
    

In fact when you add it all up, it’s cheaper to hire a helicopter to fly you home than it is to deal with DWI charges!

Be smart and keep your pot ‘o gold from being drained by bad decisions. 
If You Are Driving After Drinking

Again, we recommend that you not drive if you feel that you have had too much to drink.  We also recommend that you not drive if you are UNSURE of whether you have had too much to drink.

Before you even start the car, make sure your vehicle is properly equipped and in working order:

  •     Check the headlights and taillights – Make sure they are working!
  •     Make sure your turn signals are working (and make sure you use them at every turn on this   day!)   
  •     Make sure your license plate light is working -  yes, police can stop you if it is not illuminated  
  •     Make sure your car is properly inspected and has all of its stickers

Have your license and registration out and ready just in case you get pulled over.  Don’t be in a situation where you are looking for them as an officer watches you from outside your door.  The longer it takes you to find these things, the more eager some officers are to say that you are impaired

Take the back roads home (assume that any and all major roadways has a roadblock/ sobriety checkpoint waiting for you)

                         If You Get Pulled Over

  •     If you see the blue lights go on, pull over right away
  •     When the officer walks up to your door, be polite
  •     Do not admit to having had more than one drink
  •     Do NOT take any field sobriety tests

One more time, do NOT take any field sobriety tests!  These tests are not intended to help you out – they are only intended to gather evidence against you!

Do not agree to take a portable breath test on the side of the road  - these devices are rubbish and not reliable

Do not take a breath test back at the police station – you can be charged for DWI even if you blow under the legal limit of .08 (or .02 for persons under 21)

If you get arrested, be polite and decline to answer any questions about your night.

Answer only booking questions – name, address birthday, etc.  – Note:  booking questions should have NOTHING to do with how much you have had to drink - If anyone asks that question of you – decline to answer and ask to call your attorney.

Assume that you are being recorded from the time of your arrest until the time of your release from the station – therefore, act accordingly!

Mark and Justin will be standing by!  Please call us if you have any questions or immediate needs.


603-595-5525

Happy Saint Patrick’s Day








Monday, March 5, 2012

Should My Child Plead Guilty?

THINK ABOUT THIS BEFORE YOUR CHILD PLEADS GUILTY

It’s a good idea to know what the ‘collateral’ consequences are going to be prior to your child pleading guilty to a delinquency petition.  Collateral consequences are the sometimes unforeseen consequences of pleading guilty. For instance, you may fully understand that your child is being ordered to complete community service as a sentence.  However, you may be very surprised several weeks later when you receive notice that you no longer qualify for public housing.

WHO CAN SEE MY CHILD’S FILE ?

By statute, juvenile files are not open to the general public for inspection.  Your child’s file is confidential and kept separate from all the other court files. When your child reaches 21 all records are placed into an ‘inactive’ file.  Some people may gain access to your child’s file.  These people include your child’s lawyer, parents, guardians, or anyone else upon the written permission of the child or by court order.  In certain cases police and prosecutors will be able to access the file and a court may consider an a juvenile record when crafting an adult sentence.

WHAT IS GOING TO HAPPEN TO MY DRIVER’S LICENSE ?

A conviction in juvenile court can negatively impact your child’s license.  Per statute, any person under 21 found delinquent for an offense involving the sale, possession or abuse of alcohol or controlled drugs may have his/her license revoked or denied at the discretion of the court for 90 days but not more than 1 year for a first offense and not less than 6 months but not more than 2 years for a subsequent offense.

Collateral consequences don’t end with the suspension of motor vehicle licenses.  That’s why it’s always a good idea to consult with an experienced lawyer prior to going to court.  Pleading guilty in juvenile court can affect eligibility for public housing or possible eviction, result in suspension from school and result in immigration consequences.

Give us a call if your child is facing juvenile case.  It will cost you absolutely nothing to speak with us.