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A Practical Guide to Trying DWI Cases in New Hampshire

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  • Product Number: 2100379B00
  • Publication Date: 3/24/2025
  • Edition: 3rd Edition 2025
  • Copyright: © 2025 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    Over the course of a legal career spanning more than five decades, Edward F. Hennessey served with distinction as a trial lawyer, legal educator, and justice on the Massachusetts Superior Court and Supreme Judicial Court—during a period of extraordinary changes in the law, the courts and society, changes that are depicted in this engaging collection of his selected writings.

    This book is part of MCLE's Legal Heritage Series—a unique collection of books that celebrate Massachusetts' rich legal history and the people, institutions, and stories that are a part of it. All proceeds from the sales of Legal Heritage Series books support MCLE's Scholarship Endowment.

  • Table of Contents

    Table of Contents

    expand all
    Chapter 01 expand

    Initial Defense Trial Preparation

    Buy Chapter
    Mark L. Stevens, Esq., Law Office of Mark L. Stevens

    Exhibit 1A

    - Initial Discovery Letter Under Dist. Ct. R. 2.10—The “2.10 Letter” Buy Form

    Exhibit 1B

    - Motion to Compel Discovery Buy Form

    Exhibit 1C

    - Motion to Preserve Evidence Buy Form

    Exhibit 1D

    - DWI Detection and Standardized Field Sobriety Testing Student Materials Buy Form

    Exhibit 1E

    - Demand for Attendance of Breath Test Operator Buy Form

    Exhibit 1F

    - Demand for Attendance of Certifying Scientist et al. Buy Form

    Exhibit 1G

    - Notice of Appearance Buy Form

    Exhibit 1H

    - Waiver of Arraignment Buy Form

    Exhibit 1I

    - Demand for Formal Proof of Public Way Buy Form

    Exhibit 1J

    - Defendant’s Objection to Admissibility of Certificate of Analysis Pursuant to N.H. Rev. Stat. Ann. § 318-B:26-a Buy Form

    Exhibit 1K

    - Request for Administrative License Suspension Hearing Buy Form
    Chapter 02 expand

    Pretrial Motions

    Buy Chapter
    Theodore M. Lothstein, Esq., Lothstein Guerriero PLLC

    Exhibit 2A

    - Motion to Suppress—Unlawful Stop Buy Form
    Chapter 03 expand

    Breath Test Issues

    Buy Chapter
    Leonard D. Harden, Esq., Law Office of Leonard D. Harden

    Checklist 3.1

    - Checklist of Ideas for Discovery Requests Buy Form

    Exhibit 3A

    - Graphic Representation of the Compounds That Comprise Alcohol Buy Form

    Exhibit 3B

    - Graphic Representation Showing Molecular Bonds Whose Energy Is Measured by Breath Testing Devices Buy Form

    Exhibit 3C

    - 2007 Photograph of the Intoxilyzer 5000® Buy Form

    Exhibit 3D

    - Rejection of Intoxilyzer 8000 by State of Tennessee Buy Form

    Exhibit 3E

    - 2007 Photograph of the Intoxilyzer 5000EN® Buy Form

    Exhibit 3F

    - Diagram from Georgia 2022 Intoxilzyer 9000 Operator’s Transition Training Manual Buy Form

    Exhibit 3G

    - Sample Histogram from the Georgia 2014 Intoxilyzer 9000 Operator’s Transition Training Manual Buy Form

    Exhibit 3H

    - Intoxilyzer 9000 Exception Messages Guide Buy Form
    Chapter 04 expand

    Blood Test Issues

    Buy Chapter
    Eric R. Wilson, Esq., Wilson, Bush,and Keefe

    Exhibit 4A

    - Relevant Portions of New Hampshire Department of Safety Administrative Rules Governing Blood Testing Buy Form
    Chapter 05 expand

    The Prosecutor’s Case in Chief

    Buy Chapter
    Robert B. Gainor, Esq.,
    Kalie L. Lydon, Esq., Law Offices of Lydon & Richards, PC

    Checklist 5.1

    - Checklist of Elements/Areas of Testimony Buy Form

    Exhibit 5A

    - Sample Complaints Buy Form

    Exhibit 5B

    - Field Sobriety Tests/Areas of Testimony Buy Form

    Exhibit 5C

    - HGN/Areas of Testimony Buy Form

    Exhibit 5D

    - DSMV 436 Form Buy Form

    Exhibit 5E

    - Intoxilyzer Operator/Areas of Testimony Buy Form

    Exhibit 5F

    - Habitual Offender Classifications Buy Form
    Chapter 06 expand

    The Defendant’s Case

    Buy Chapter
    Mark L. Stevens, Esq., Law Office of Mark L. Stevens

    Exhibit 6A

    - Illustrative Direct Examination of Sobriety Witness Buy Form

    Exhibit 6B

    - Illustrative Direct Examination of the Defendant—Case with No Other Defense Witnesses Buy Form

    Exhibit 6C

    - Illustrative Direct Examination of Defense Expert Buy Form
    Chapter 07 expand

    The State’s Challenge to the Defendant’s Case

    Buy Chapter
    Christopher B. Casko, Esq., New Hampshire Department of Safety

    Exhibit 7A

    - Sample Discovery Response Letter That Incorporates Request for Discovery Buy Form

    Exhibit 7B

    - Sample Reciprocal Discovery Motion Buy Form

    Exhibit 7C

    - Sample Motion in Limine Regarding Admissibility of Conviction of Witness Under N.H. R. Evid. 609 Buy Form
    Chapter 08 expand

    Collateral Consequences of DWI Arrest and Conviction

    Buy Chapter
    Philip Kalil, Esq., Germaine & Blaszka, P.A.

    Exhibit 8A

    - Offenses Used to Calculate Habitual Offender Certification Buy Form

    Exhibit 8B

    - Selected Department of Safety Rules Regarding the Assessment of Demerit Points Buy Form

    Exhibit 8C

    - Driver Disqualification Penalties— 49 C.F.R. § 383.51 Buy Form
    Chapter 09 expand

    Administrative License Suspension and Hearings

    Buy Chapter
    Robert B. Ellard, Esq.,

    Checklist 9.1

    - Checklist of Exhibits Required for Test Over Hearings Buy Form

    Exhibit 9A

    - Sample Notification Letter to Federal Aviation Administration (FAA) Buy Form

    Exhibit 9B

    - Table of Commonly Cited Supreme Court Cases Buy Form

    Exhibit 9C

    - DSMV 426 Form Buy Form

    Exhibit 9D

    - Sample ALS Request Letter (Test Over) Buy Form

    Exhibit 9E

    - Sample ALS Request Letter (Refusal) Buy Form

    Exhibit 9F

    - What Must Be Proved at an ALS Hearing Buy Form

    Exhibit 9G

    - The Best Issues for Inquiry by the Defense Buy Form

    Exhibit 9H

    - Compendium of Superior Court Decisions on Appeal—N.H. Department of Safety, Bureau of Hearings Buy Form
    Chapter 10 expand

    Appeals and Postconviction Relief

    Buy Chapter
    Theodore M. Lothstein, Esq., Lothstein Guerriero PLLC
  • Editors & Authors

    Editor(s)

    Mark L. Stevens, Esq., Law Office of Mark L. Stevens, Salem

    Author(s)

    Christopher B. Casko, Esq., New Hampshire Department of Safety, Concord
    Robert B. Ellard, Esq.,
    Robert B. Gainor, Esq.,
    Leonard D. Harden, Esq., Law Office of Leonard D. Harden, Lancaster
    Philip Kalil, Esq., Germaine & Blaszka, P.A., Derry
    Theodore M. Lothstein, Esq., Lothstein Guerriero PLLC, Concord
    Kalie L. Lydon, Esq., Law Offices of Lydon & Richards, PC, Nashua
    Mark L. Stevens, Esq., Law Office of Mark L. Stevens, Salem
    Eric R. Wilson, Esq., Wilson, Bush,and Keefe, Nashua
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