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“Should I Blow?”

October 10, 2015

Here’s a question we hear a lot: “Should I blow?” What You Need to Know about DWI Breath Tests in NH If you are arrested for DWI in NH, here is what you need to know: If you submit to a breath or blood tests, the result may be used against you at a DWI […]

New Hampshire raises the adult prosecution age to 18 for most offenses

September 9, 2015

Prior to July of 2015, 17 year-olds charged with a crime were prosecuted as an adult and could face the same jail and prison terms as other adults. However, a 2015 change in the law, increased the age for adult prosecution from 17 to 18. Persons under the age of 18 are generally charged as […]

NH DWI Roadblocks (Sobriety Checkpoints)

May 28, 2015

In 1997, the New Hampshire Legislature enacted RSA 265:1-a, which authorized state and local law enforcement agencies to conduct sobriety checkpoints. Also known as DWI roadblocks, these checkpoints are valid only if police petition for court approval in advance, and the court determines that “the sobriety checkpoint is warranted and the proposed method of stopping […]

Jury Nullification

March 21, 2014

NH Magazine’s recent article on New Hampshire’s jury nullification law raised some important questions: Is jury nullification affecting prosecutors’ charging decisions? Are juries now more willing to reject conviction in cases where the law is perceived to be unpopular, such as with marijuana possession. Click here to see the NH Magazine article. Samdperil & Welsh […]

New Uses for DNA in Sexual Assault Cases

January 2, 2014

Prosecutors have begun indicting unknown suspects in rape and sexual assault cases based upon their DNA profiles.  The defendants are indicted as John Doe’s so that they cannot later claim that the statute of limitation on prosecution has run.  Ohio prosecutors have now begun indicting unknown persons based on DNA mixtures obtained as part of […]

Will .05 be the new .08?

January 1, 2014

On May 14, 2013, the National Transportation Safety Board recommended that the states reduce the allowable blood-alcohol concentration in DUI cases by more than a third, to 0.05 percent from 0.08 percent.  The NTSB also made other recommendations, such as increased use of ignition interlock devices in all DWI cases and built-in alcohol detection devices in steering wheels.  To […]

Who Is Looking for Your “Abandoned” DNA?

May 15, 2013

information it contains.  “Abandoned DNA” comes into play when the police don’t have a DNA sample, and can’t force a suspect to give one up.  So they search through trash for coffee cups, cigarette butts, anything that might contain a suspects genetic material.  What they find, could belong to the suspect … or you. Privacy […]

Courts, AG Weigh-in on Videotaping Police

April 30, 2012

In 2011, the Unites States Court of Appeals for the First Circuit, issued a landmark ruling, recognizing that the First Amendment protects the filming of government officials in public spaces.  (Read the decision in Glik v. Cunniffe.) The New Hampshire Attorney General has since warned police against arresting those who videotape arrests, and the New Hampshire Legislature has been considering legislation in this area.

Habitual Offender Guide

February 2, 2011

Do you have questions about what the sentence is for Driving after Being Certified an Habitual Offender? Click here for our quick reference guide.

Want to Protect Your Right to Privacy? Encrypt Your Cell Phone.

February 1, 2011

A recent decision by the California Supreme Court authorizes the warrantless search of a person’s cell phone. Specifically, the California Court held that police do not need a warrant before seaching an item, here a cell phone, seized from an arrestee’s person incident to a lawful custodial arrest. Although it is unclear whether New Hampshire […]