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In New Hampshire, a person with a blood alcohol concentration (BAC) of .08 or higher is presumed to be impaired by alcohol. Blood or breath test results will likely be used as evidence of alcohol impairment in court at a DUI trial.  But additionally, a BAC of .08 or higher will trigger an administrative license…

If you have been living on the New Hampshire Seacoast for a long time, you may remember when the Hampton District Court was located in the historic Old Hampton Grammar School (and also one-time firehouse) at the corner of Winnacunnet Road and Academy Avenue in downtown Hampton. The old courthouse was closed in 2005 due to…

In New Hampshire, any person charged with a criminal offense will receive either a summons to appear in court, be released on bail pending his or her court appearance, or be detained pending his or her first court appearance.  A person released on bail will typically receive a “Bond in Criminal Case” form from a bail…

For a number of years, the Common Application, a single form that students can fill out to apply to any college that uses it, required applicants to disclose any arrest, whether or not it resulted in a conviction.  However, the non-profit organization behind the Common App. has announced that, starting in 2019, it will no longer…

Effective October 1, 2017, Rockingham County will start using the new “Felonies First” rules.  Rockingham is the last of New Hampshire’s 10 counties to implement the new felony case procedures.  Felonies Frist began in January, 2016 in Cheshire and Strafford counties, and has been expanded to all New Hampshire counties over the past 22 months. Here are 4  important things to…

Under the so-called “Felonies First” law, which became law in July of 2015, felony cases will be brought directly in the superior court, as opposed to the local circuit court where these charges were traditionally filed. This change eliminates preliminary “probable cause” hearings as a matter of right, and instead places with a superior court judge the determination of whether…

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…

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…

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…

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…