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A Practical Guide to Trying DWI Cases in New Hampshire

Case authority, statutory law, and local wisdom on how to win at trial in Granite State courts

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  • Product Number: 2100379B00
  • Publication Date: 5/22/2020
  • Edition: 2nd Edition 2020
  • Copyright: © 2020 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    Designed specifically for lawyers who defend and prosecute drunk driving cases in New Hampshire, this manual is a first for the Granite State. Editor Mark Stevens of Salem, NH has assembled a winning cadre of DWI experts to join him in developing this must-have resource, which offers practical, seasoned guidance backed by case law and statutory authorities. Featured are sample letters to police departments and the Bureau of Hearings, model motions and other pleadings, checklists, current and pertinent statutory law, and other key resources that give you the edge in your courtroom work and pretrial work. This book is unique in that it brings together some of New Hampshire's most knowledgeable DWI defense counsel with prosecutors and police department lawyers. A Practical Guide to Trying DWI Cases in New Hampshire is your most trusted source for prosecuting or defending a DWI in the Granite State.

    Recent updates:

    • Update: May 2020

      Dear Subscriber:

      Thank you for choosing to keep your copy of A Practical Guide to Trying DWI Cases in New Hampshire current with this 2020 edition. Inside, you will find updated information on topics like these

      • Stationary Motor Vehicles; Community Caretaking—See Chapter 2 for information about officers' practice of activating blue lights during a stop and the significance of front-facing versus rear-facing lights in terms of reasons for the stop.
      • Breath Test Issues; The Intoxilyzer 9000—See Chapter 3 for descriptions of the latest instrumentation to test breath alcohol content, and some particulars as to its technology.
      • Collateral Consequences of a DWI Arrest—See Chapter 10 for new discussion of the nuances and consequences of a DWI arrest, including licensing, the assessment of demerit points, installation of interlock devices, and more.
      • Collateral Attack Motions—See Chapter 10 for discussion of a 2019 case addressing the requirement that collateral attack motions be filed in the Superior Court.

      We at MCLE trust that you will find this material useful in your criminal law practice, and valuable in your law library.

      Cordially,

      Maryanne G. Jensen, Esq., Director of Publications

  • Table of Contents

    Table of Contents

    expand all
    Chapter 1 expand

    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 Rev. Stat. Ann. § 318-B:26-a Buy Form

    Exhibit 1K

    - Request for Administrative License Suspension Hearing Buy Form

    Exhibit 1L

    - Rev. Stat. Ann. § 265-A:3 (Aggravated DWI Law) Buy Form
    Chapter 2 expand

    Pretrial Motions

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

    Exhibit 2A

    - Motion to Suppress—Unlawful Stop Buy Form
    Chapter 3 expand

    Breath Test Issues

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

    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 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

    - Ideas for Discovery Requests Buy Form

    Exhibit 3I

    - Intoxilyzer 9000 Exception Messages Guide Buy Form
    Chapter 4 expand

    Exhibit 4A

    - Relevant Portions of New Hampshire Department of Safety Administrative Rules Governing Blood Testing Buy Form
    Chapter 5 expand

    The Prosecutor’s Case in Chief

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

    Exhibit 5A

    - Sample Complaints Buy Form

    Exhibit 5B

    - Checklist of Elements/Areas of Testimony Buy Form

    Exhibit 5C

    - Field Sobriety Tests/Areas of Testimony Buy Form

    Exhibit 5D

    - HGN/Areas of Testimony Buy Form

    Exhibit 5E

    - DSMV 436 Form Buy Form

    Exhibit 5F

    - Intoxilyzer Operator/Areas of Testimony Buy Form

    Exhibit 5G

    - Habitual Offender Classifications Buy Form
    Chapter 6 expand

    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 7 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 8 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

    Exhibit 8D

    - Sample Notification Letter to Federal Aviation Administration (FAA) Buy Form
    Chapter 9 expand

    Administrative License Suspension and Hearings

    Buy Chapter

    Exhibit 9A

    - Table of Commonly Cited Supreme Court Cases Buy Form

    Exhibit 9B

    - DSMV 426 Form Buy Form

    Exhibit 9C

    - Sample ALS Request Letter (Test Over) Buy Form

    Exhibit 9D

    - Sample ALS Request Letter (Refusal) Buy Form

    Exhibit 9E

    - Exhibits Required for Test Over Hearings 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)

    Author(s)

    Christopher B. Casko, Esq., New Hampshire Department of Safety, Concord
    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
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