updates on NH criminal law & DWI defense
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...
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...
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...
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...
Who Is Looking for Your "Abandoned" DNA?
May 15, 2013
Police are making more use of DNA, collecting and storing the 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...
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...
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...