Product Description

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

Chapter 1 expand

Initial Defense Trial Preparation

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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 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

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Theodore M. Lothstein, Esq., Lothstein Guerriero PLLC

Exhibit 2A

- Motion to Suppress—Unlawful Stop Buy Form

Chapter 3 expand

Breath Test Issues

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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

Blood Test Issues

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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 5 expand

The Prosecutor’s Case in Chief

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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

The Defendant’s Case

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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 7 expand

The State’s Challenge to the Defendant’s Case

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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

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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

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Robert B. Ellard, Esq.,

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

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Theodore M. Lothstein, Esq., Lothstein Guerriero PLLC

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