Monday, December 30, 2013

DWI Sobriety Check Points in NH - New Year’s Eve 2013 And Jan 1st 2014

DWI Sobriety Check Points in New Hampshire for New Year’s Eve 2013 And Jan 1st 2014

Beware! Police may be conducting a roadside sobriety checkpoint in New Hampshire this New Year’s Eve (December 31st 2013). If you are suspect of driving intoxicated, NH law enforcement may ask you to take a New Hampshire Field Sobriety Test, you do not have to take this test.

In addition they will be asking that anyone who witnesses a vehicle being operated by a person recklessly or suspect they are driving under the influence is asked to call 911 and report them to the police.


Sobriety checkpoints are locations where State or Local law enforcement is stationed on roadways to check drivers for signs of intoxication and impairment. As a DWI deterrence program many jurisdictions use sobriety checkpoints.

Sobriety Check Points By State

Not all states use sobriety checkpoints due to legal issues that surround them.  Some states do not allow the use of this tactic for screening drivers on the road while other states have laws authorizing it.

States that have no explicit statutory authority may or may not use sobriety checkpoints. While in many states, the judiciary has intervened to uphold or stop sobriety checkpoints based on interpretation of state or federal Constitutions.

As of right now there are 38 states, as well as the District of Columbia, the Northern Mariana Islands and the Virgin Islands that conduct sobriety checkpoints.
Sobriety checkpoints are not being conducted in 12 states. Some states prohibit them by state law or Constitution (or interpretation of state law or Constitution). The state of Texas prohibits checkpoints based on the interpretation of the U.S. Constitution.



New Drunk Driving Laws For 2013

New Hampshire’s Driving While Intoxicated Statute received an overhaul with the passage of new legislation that went into effect on January 1st, 2013.

The statute penalizing Driving While Intoxicated, NH RSA 265-A:2 was amended:
No person shall drive or attempt to drive a vehicle upon a way or operate or attempt to operate an OHRV;

Other DWI Laws

While such person is under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic , which impairs a person’s ability to drive or any combination of intoxicating liquor and controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person’s ability to drive.Remember to drink responsibly, designate a driver or call a cab, and have a Happy New Year!

For more information visit: DWI Laws and Penalties in NH





By DWI Lawyers NH


_______________________________________________________________________

Wednesday, September 18, 2013

What To Look For When Hiring a DWI Lawyer in NH


An experienced DWI Attorney will help you fight your cases on two fronts. First, you must contend with the New Hampshire DMV's attempt to revoke your license to drive within 30 days following your arrest. Then at the same time, you must fight to keep your license from being suspended by the local district court. Read More... What To Look For in a Criminal Lawyer



What To Do If Pulled Over By Police!



video                                                                                                                                                                              

__________________________________________________________________







Wednesday, July 3, 2013

New Hampshire 4th of July Firework Safety, Laws & Statistics

New Hampshire State Firework Laws:

What are Permissible Fireworks? Permissible Fireworks are consumer firework devices that have been made legal for sale, possession and use here in New Hampshire and can be purchased in any of our licensed retail stores statewide.

National Firework Injury Statistics:

Annually, the United States Consumer Product Safety Commission reports that there are approximately 8,600 firework related injuries treated each year in U.S. hospital emergency
departments.


Requirements:
1) Anyone interested in purchasing, possessing or using Permissible Fireworks must be at least 21 years of age.

2) Shall only be used on private property which you own, or have written permission from the
land owner, or be in the owner’s presence.

3) Must follow any legally adopted local ordinances. For a list of community restrictions please visit

4) You can be held liable in any civil action for damages to another’s property.

Types of Permissible Fireworks:

•    Cylindrical Fountains
•    Cone Fountains
•    Wheels
•    Ground Spinners
•    Helicopters, Aerial Spinners
•    Roman Candles
•    Mines / Cakes / Shells
•    Re-loadable Mortars
•    Parachutes
•    Sparklers, Morning Glories
•    Novelties – Party Poppers, Snaps, and Snakes.

Illegal Consumer Firework Devices:

Consumer fireworks which cannot be legally sold, possessed or used in the State of New Hampshire:

•    Bottle /Sky Rockets / Missiles
•    Any type of firecracker
•    Any device which produces solely smoke as an effect.

Illegally Manufactured Explosive Devices:

Illegally manufactured explosive devices are frequently referred to as fireworks because of their resemblance to a large firecracker. These items are commonly known as M-80’s, M-100’s, M 250’s, M- 500’s, Cherry Bombs, Quarter Sticks, and Blockbusters. These devices and others of like construction are federally banned by the Child Safety Act, and never should be referred to as fireworks.

WARNING

Illegal explosive devices are not fireworks. These devices must be treated and handled as explosive devices as they are capable of causing severe injury or even death.

Celebrating safely also involves the three “B’s”: “Be Prepared” before lighting fireworks.

1) Purchase only New Hampshire Permissible Fireworks, available at licensed retail stores throughout the state.

2) Purchase ONLY the quantity that you will use.

3) Permissible fireworks can ONLY be displayed on property that you own, or you must have written permission from the landowner.

4) Have a water hose or fire extinguisher nearby in case of an unanticipated fire.

5) Create a clear, level surface to display your permissible fireworks away from things that can burn, or easily ignite.

6) Call 911 immediately in the event of a fire or medical emergency, don’t wait!
-
“Be Safe ” when lighting fireworks.

7) Adults 21 years of age or older should be only possessing and displaying permissible fireworks.

8) Always wear eye protection.

9) Always follow the safety directions provided on each firework device or package.

10) Light only one device at a time and move away quickly.

11) Keep all spectators at a safe distance. Some consumer firework devices have safety distances for
each device.

12) Display fireworks only outdoors, away from anything that can burn, or easily ignite.

13) Be considerate of your neighbors, family pets and the environment. You could held be liable for damages to another’s property.

“Be responsible” when finished.

14) Clean up all debris when finished.

15) Devices that do not fire once they are lit are very dangerous; if a firework device does not fire keep away for ten minutes or more, then ensure that it has been filled with water, or placed in a bucket of water.

16) Always make sure that unused fireworks, matches and lighters are secured and out of the reach of children. Please, “Be Prepared”, “Be Safe ”, and “Be Responsible ” when using fireworks and celebrate safely and always use good common sense.

Have a Safe and Happy 4th of July!

By Shepherd Osborne

______________________________________________________________________


Friday, May 24, 2013

Avoid a Police Encounter in NH - Memorial Day Safety Tips 2013

Memorial Day Events and Safety Tips in New Hampshire May 27, 2013

New Hampshire Patrols will be on high alert this Memorial Day weekend. They will be patrolling for any drivers who could be impaired and behind the wheel.

This includes not only alcohol related incidents but some new DWI Laws that came out in New Hampshire this year which now includes drug related impairment, prescription drugs, over-the-counter drugs, chemical substances, natural or synthetic, which impairs a person’s ability to drive.

State troopers updated the public this week on what measures will be taken over the holiday weekend. They sent a strong message (Arrive Alive) and that their goal is to make safety a top priority.

Police and troopers are trained and will be looking for a number of things.

Things to Be Aware of Are:

•    Sobriety checkpoint
•    Seat belt enforcement
•    Cell phone use
•    Illegal street racing
•    Underage drinking
•    Alcohol use at state parks and beaches
•    Unmarked vehicles
•    Aircraft patrol


Enjoy the holiday responsibly so, please keep these tips in mind as you venture out on this festive day.

Driving Tips for Memorial 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!
To Summarize follow these simple precautions - Buckle Up - Don’t mix alcohol and drugs - Don’t drive distracted and don’t speed – Be courteous and use good common sense.

Have a happy and safe holiday weekend!

By Shepherd and Osborne
603-595-5525
www.shepherdandosborne.net






Tuesday, May 21, 2013

Should I Plea Bargain or Go To Trial in NH?

DO I TAKE A PLEA BARGAIN OR GO TO TRIAL?

The answer is “it depends.”  Before an intelligent decision can be made about whether to take a plea bargain, one should consult an experienced New Hampshire criminal defense attorney.  One of the first things a good attorney will do is to listen carefully to their client’s version of events as “every story has two sides”.   Often, your version of events may be markedly different from that of the responding police officers, or may be similar but with added details.  It’s not unusual for a person to remember significant key events in hindsight long after a stressful event.   Similarly, it is not unusual for the police to leave out important key details in their report or to neglect to speak with key witnesses.  We will often have a private investigator track down missing witnesses; take pictures of the crime scene, etc.  All in an attempt to paint a complete picture as to what transpired.  You cannot be fully informed until we have gathered all the facts and evidence and weighed the strengths and weaknesses of the State’s case.

WHAT HAPPENS IF I WANT TO TAKE A PLEA OFFER?

Once armed with all the necessary information you can now make an intelligent decision whether to take a plea deal.    In most cases, the prosecutor will approach us with a “plea offer” on a case.  We then review the potential offer with you and oftentimes will make a “counter-offer”.    As with most plea bargains, the person charged pleads guilty or “no contest” (sometimes to a lesser charge) in exchange for a sentence that has been negotiated ahead of time with the prosecutor.  Sometimes a person will plead guilty to one offense and, in return, the prosecutor will drop several other, more serious charges in return for the guilty plea.  Sometimes a person will plead guilty to a less serious offense and have a more serious offense dropped.  Do not enter into a plea agreement until you fully understand all the terms and conditions of your sentence and the “collateral consequences.” 
It is important to note that even if all sides come to a plea agreement this does not mean the Judge must accept the plea agreement.  Sometimes a court needs to understand the rational and justification for a plea agreement that the court deems to lenient.  Sometimes the court wants to know the precise justification for a certain agreement. 

We would much rather be fighting before a jury than to have our clients plead guilty to anything at all.  However, every case is unique and different.  Sometimes the result achieved by way of a plea bargain is much better than a potential sentence handed down by the court.   Plea bargaining is an essential part of the criminal justice system that needs to be tackled by an experienced criminal defense attorney in NH.



HIRE THE RIGHT LAWYER – EXPERIENCE MATTERS


Experience matters.  Your life and liberty are in jeopardy.  Mark and Justin are experience criminal defense lawyers with negotiation experience.  Mark and Justin are former prosecutors who understand what the State must prove in your case and are not afraid to fight on your behalf.  It’s important that you consult with an experienced criminal lawyer.  You wouldn’t go see a foot doctor for a brain aneurism; likewise, don’t go see the family practitioner for a complex criminal problem.  We want our clients to be fully informed and to be secure in the decisions they make.

Please contact our office for a no cost consultation to discuss the facts of your case. 

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



Wednesday, March 13, 2013

ST. PATRICK’S DAY IN NEW HAMPSHIRE 2013 – WHAT YOU NEED TO KNOW

ST. PATRICK’S DAY IN NEW HAMPSHIRE 2013

St. Patrick’s Day also known as the Feast of Saint Patrick is Sunday, March 17th. The day commemorates Saint Patrick and the arrival of Christianity in Ireland.  It is also a celebration of Irish culture.
 

Sometimes people celebrate a little too vigorously.  Keep this in mind while wearing your shamrock and pounding down pints green beer – New Hampshire Law enforcement will be ramping up patrols in an effort to catch people who may decide to get behind the wheel after drinking.    

The New Hampshire DWI laws changed earlier this year and result in serious repercussions upon conviction. 
 

Have a good plan before heading out.  For instance, have the phone number of a few local cab companies or coordinate transportation with a friend or relative who are not celebrating.  Assign a designated driver.   
 

The risk of losing your license will cost you time, money, expensive programs, fines, a driving record, increased insurance and much more. 
 

While Attorneys Justin Shepherd and Mark Osborne may be eating copious amount of food we will not be drinking.  

Therefore, if you run into trouble CALL US IMMEDIATELY.  603-595-5525

Friday, February 8, 2013

Counselor At Large For Derry NH - Please Vote on March 12th 2013



Dear Neighbor,                              

My name is Mark Osborne, and I am writing you to ask for your VOTE on Tuesday,  March 12th for Derry’s:

COUNCILOR AT LARGE

  • I live off of East Derry Road near the Boys & Girls Club.
  • I have been a Lawyer for ten years, but my parents say they still love me.
  • I practice in the Derry Circuit Court and in courts all over Rockingham County and New Hampshire.
  • I began my career as a prosecutor and eventually decided to pursue my dream of being a small business owner.
  • I opened my own law office in 2007 concentrating on the defense of civil liberties, the Bill of Rights, and rights of the accused.
  • As a small business owner, I do my own budgeting, billing, payroll, office supply inventory, advertising, human resources, and client management.
  • I bring my lunch to work and I even empty my own trash.


Like you, I enjoy living in Derry, but I acknowledge that our town faces many challenges.  I am concerned about our town’s budget, the unrestrained spending, the recent increase in our property taxes, the drop in property values, the litter alongside our roads, and the overall well-being of our downtown area.

I am running for Councilor At Large because I would like to work with you in meeting the challenges and concerns that we share.  No candidate can honestly say that he/she has all of the answers or the solution to every problem.  But, I do know how to listen, and at our town meetings, I will never be afraid to ask the TOUGH questions for you.

Sincerely,


Mark Osborne


POLITICAL ADVERTISEMENT FOR TOWN OFFICE, COUNCILOR AT LARGE, CAMPAIGN ENTIRELY FUNDED BY MARK OSBORNE
of 2 Cardinal Circle, Derry, NH  03038

Monday, February 4, 2013

New DWI Laws for New Hampshire as of January 2013

New DWI Laws for New Hampshire as of January 1st 2013

New Hampshire’s Driving While Intoxicated Statute received an overhaul with the passage of new legislation that went into effect on January 1st, 2013.

The statute penalizing Driving While Intoxicated, NH RSA 265-A:2 was amended:

No person shall drive or attempt to drive a vehicle upon a way or operate or attempt to operate an OHRV;

 (A) While such person is under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic , which impairs a person’s ability to drive or any combination of intoxicating liquor and controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person’s ability to drive.

DWI Penalties in New Hampshire

If you are convicted of DWI 1st Offense you face the following penalties:
  • Conviction for a DWI 1st Offense is a Class B Misdemeanor; 
  • You will receive a minimum fine of $500 plus court imposed penalty assessment; 
  • You will be referred to an Impaired Driver Care Management Program or “IDCMP” 
  • You will be required to complete a drug and alcohol screening.  If the screening reveals a likely substance abuse disorder you will be required to complete a full substance abuse disorder evaluation and thereafter follow the service plan developed from that evaluation; 
  • You will be required to complete an approved Driver Education Program prior to the restoration of your driver’s license or privilege to drive; 
  • You will be required to pay all fees associated with these programs; You will lose your driver’s license for 9 months and up to 2 years;     
  • You will require SR-22 insurance before you can drive



The Court may suspend 6 months of the license loss IF you obtain a drug and alcohol abuse screen within 14 days of the conviction and, if required, you complete a full drug and alcohol abuse evaluation within 30 days of conviction AND  you are in compliance with the service plan AND you have completed an approved Drivers Education Program;

The Court may require the installation of an interlock device during the period of sentence reduction.

2nd Offense DWI Laws in New Hampshire as of January 1st 2013

 (after 2 years of your 1st conviction but within 10 years)

NH Court Penalties:

Class A misdemeanor (Up to 1 year in Jail)

$750 fine (Plus court imposed penalty assessment)

17 consecutive days in jail

12 days are suspended

Must complete a full substance use disorder evaluation to be scheduled within 30 days of release and to be completed within 60 days of release and comply with the plan developed

3 year court imposed loss of license

NH-DMV:

2 year loss of license, which will run with or on top of the 3 year license suspension period, depending on whether you consented to a breath / blood test

OTHER:

SR-22 insurance will be required before you can drive.  DWI conviction will go down on your driving record as a major motor vehicle offense.  Please see our page on Habitual Offender status!

2nd DWI CONVICTION in NH

(within 2 years of your first DWI conviction)

Court:

Class A misdemeanor conviction (Up to 1 year in jail)

$750 fine (plus court imposed penalty assessment)

Mandatory sentence of 60 days in jail with 30 days suspended

You shall schedule a substance use disorder evaluation within 30 days of release

You complete the substance use disorder evaluation within 60 days of release

3 year court imposed loss of license

NH- DMV:

2 years loss of license, which will run with or on top of the 3 year license suspension period, depending on whether you consented to a breath/blood test.

OTHER

SR-22 insurance will be required before you can drive.  DWI conviction will go down on your driving record as a major motor vehicle offense. 

3rd DWI Offense in New Hampshire

The penalties for a 3rd Driving While Intoxicated Offense include:

Conviction for a Class A Misdemeanor – You face up to a year in jail, 2 years of probation and a $2,000 fine.

You will receive a mandatory 180 days in jail with 150 days suspended upon completion of all necessary programming and remaining out of trouble;

You will be referred to an Impaired Driver Care Management Program to schedule a fill substance use disorder.  You shall schedule this evaluation within 30 days of your release from jail.  You shall complete the substance use disorder evaluation within 60 days of release and comply with the plan developed.

Your license is suspended indefinitely and shall not be restored for at least 5 years.  At the end of 5 years you may petition the court for eligibility to reapply for a license.  You will then need to be reinstated at the DMV.

You shall install an interlock device in your vehicle for not less than 12 months and up to 2 years once your license is reinstated.

Felony Aggravated DWI in NH

A DWI in NH can become a Felony level Aggravated DWI in New Hampshire when you cause a motor vehicle, boating or OHRV collision resulting in serious bodily injury to yourself or another person. Needless to say, a Felony conviction is extremely serious and can negatively impact your life for years to come.

When your DWI results in a serious bodily injury the penalties are greatly enhanced. For example, you face the following:

A) Conviction for a Class B Felony (punishable by up to 7 years in prison)

 B) You shall be fined not less than $1,000;

 C) You shall be sentenced to 35 days in jail of which 21 says shall be suspended. The Court will refer you to an Impaired Driver Care Management Program or "IDCMP" for a full substance use disorder evaluation.

 D) You shall complete the substance use disorder evaluation within 60 days of release and comply with the service plan developed.

 E) The Court shall order an interlock device;

 F) Your license will be revoked for not less than 18 months and, at the court's discretion, for a period not to exceed 2 years. The Court may suspend 6 months of this sentence provided that you schedule a substance use disorder evaluation within 30 days of release and complete the substance use disorder evaluation within 60 days of release.

When facing any DWI offense, especially an Aggravated DWI offense, you are looking at a criminal conviction on your record, serving time in jail, paying substantial fines to the court, paying for costly rehabilitation programming and suffering a substantial loss of license.

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

Wednesday, January 2, 2013

New Hampshire House Voted to Ban Guns

New Hampshire House Voted to Ban Guns
After an emotional debate in New Hampshire Today 1/2/2013 on safety and Constitutional rights.
The New Hampshire House of Representatives has voted to ban guns from the gallery,  House floor and anteroom. The vote was 196-153.

The move reverses a rule implemented in the previous legislation session, when Republicans enjoyed majority control. This new New Hampshire Gun Rule is an emotional one for many.

Democrats, led by House Speaker Terie Norelli (D-Portsmouth) turned back several Republican attempts to upset the new rule. The first working day of the 2013 legislative session, the recent Democratic electoral gains were noteworthy.

The rule grew emotional at times as state representatives referenced The Second Amendment, constitutional rights, and the deadly shooting in Newtown, CT.

Rep. Al Baldasaro stated "This is the people's house in the state of New Hampshire," ,who admitted he also carries a firearm. "We take the Second Amendment to heart here." Baldasaro also said lawmakers should be going after criminals; "instead, we're going after law-abiding citizens."

Rep. Gary Richardson (D-Hopkinton), who proposed an amendment to clarify where the ban would be in effect, noted he was also a gun owner. But said, there must be reasonable restrictions to the Constitutional right to own and carry firearms.

Rep. John Burt (R-Goffstown) was one of the House members trying to thwart the rule change. "If we become a gun-free zone," he said, "we're sitting ducks."

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

Real Time Traffic Reports in New Hampshire



The New Hampshire Department of Transportation has recently released a new public/private partnership between the NHDOT’s Transportation Management Center and TrafficLand.com, a Virginia-based company, to offer traffic viewing in real-time via the NHDOT’s highway cameras.

To Get Live Traffic Views With This New Traffic Cam For NH, MA, ME and More...  

Go to http://trafficland.com/mapnav.jsp to view traffic activity and congestion before you venture out. Plan an alternate route and more.


The cameras are interactive on Google maps, which show travel speeds on the roads by way of color-coded lines. Green is normal speeds, yellow indicates slow downs and red can mean either slowed or stopped traffic.


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