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Print Book

A Practical Guide to Trying DWI Cases in New Hampshire

General Info

452 pages in 1 volume (printed book)
1st Edition 2010
© 2010 MCLE, Inc.
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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. A Practical Guide to Trying DWI Cases in New Hampshire is the first book for criminal law practitioners in the growing MCLE | New England collection.

This DWI handbook for New Hampshire lawyers shows you how to:

- handle the special discovery needs that arise in DWI cases involving roadblocks;

- draft pretrial motions for cases involving stops that originate from anonymous (and not so anonymous) tips;

- approach the proof system and the definition of "one drink" when tackling breath test challenges;

- differentiate the absorptive from post-absorptive phases regarding blood alcohol levels;

- avoid the potential for mistrial when conducting a direct examination of the arresting officer;

- spot reversible error in the prosecution's opening statement;

- make demonstrative evidence, like cruiser videotapes and recording of the booking, work for your case;

- get a witness impeached based on evidence of prior conviction;

- avoid collateral consequences-including immigration and employment complications-of charges and convictions;

- resolve discovery issues in administrative license suspension hearings.

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.

New Hampshire counsel-both prosecutors and defense attorneys-need New Hampshire case authority, statutory law, and local wisdom on how to win at trial in Granite State courts. This practice manual has it all, in one convenient, authoritative, and comprehensive source.

Table of Contents

expand all | collapse all
Chapter 1 - Initial Defense Trial Preparation (Buy Chapter)
Chapter 2 - Pretrial Motions (Buy Chapter)
Chapter 3 - Breath Test Issues (Buy Chapter)
Chapter 4 - Blood Test Issues (Buy Chapter)
Chapter 5 - The Prosecutor's Case-in-Chief (Buy Chapter)
Chapter 6 - The Defendant's Case (Buy Chapter)
Chapter 7 - The State's Challenge to the Defendant's Case (Buy Chapter)
Chapter 8 - Collateral Consequences of DWI Arrest and Conviction (Buy Chapter)
Chapter 9 - Administrative License Suspension and Hearings (Buy Chapter)
Chapter 10 - Appeals and Postconviction Relief (Buy Chapter)



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


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 Law Offices, 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, Durkin, and Keefe, Nashua



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Print Book (printed book) $175.00 $157.50 $131.25
eBook (PDF, MOBI, or EPUB) $175.00 $157.50 $131.25
eArticle (purchased individually) $28.00 $25.00 $18.75
eForm (purchased individually) $18.00 $15.00 $13.50
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Initial Defense Trial Preparation
Pretrial Motions
Breath Test Issues
Blood Test Issues
The Prosecutor's Case-in-Chief
The Defendant's Case
The State's Challenge to the Defendant's Case
Collateral Consequences of DWI Arrest and Conviction
Administrative License Suspension and Hearings
Appeals and Postconviction Relief


Motion to Compel Discovery
Demand for Attendance of Breath Test Operator
Demand for Formal Proof of Public Way
Request for Administrative License Suspension Hearing
Rev. Stat. Ann. § 265-A:3 (Aggravated DWI Law)
Demand for Attendance of Certifying Scientist et al.
Waiver of Arraignment
Initial Discovery Letter Under Dist. Ct. R. 2.10: The “2.10 Letter”
DWI Detection and Standardized Field Sobriety Testing Student Materials
Notice of Appearance
Defendant's Objection to Admissibility of Certificate of Analysis Pursuant to Rev. Stat. Ann. § 318-B:26-a
Motion to Preserve Evidence
Motion to Suppress: Unlawful Stop
Rejection of Intoxilyzer 8000 by State of Tennessee
2007 Photograph of the Interior of the Intoxilyzer 5000EN®
Graphic Representation Showing Molecular Bonds Whose Energy Is Measured by Breath Testing Devices
Graphic Representation of the Compounds That Comprise Alcohol
2007 Photograph of the Intoxilyzer 5000®
2007 Photograph of the Intoxilyzer 5000EN®
Relevant Portions of New Hampshire Department of Safety Administrative Rules Governing Blood Testing
Sample Complaints
Checklist of Elements/Areas of Testimony
DSMV 426 Form
HGN/Areas of Testimony
Habitual Offender Classifications
Field Sobriety Tests/Areas of Testimony
Intoxilyzer Operator/Areas of Testimony
Illustrative Direct Examination of Sobriety Witness
Illustrative Direct Examination of the Defendant: Case with No Other Defense Witnesses
Illustrative Direct Examination of Defense Expert
Sample Motion in Limine Regarding Admissibility of Conviction of Witness Under N.H. R. Evid. 609
Sample Discovery Response Letter That Incorporates Request for Discovery
Sample Reciprocal Discovery Motion
Selected Department of Safety Rules Regarding the Assessment of Demerit Points
Offenses Used to Calculate Habitual Offender Certification
Driver Disqualification Penalties: 49 C.F.R. § 383.51
Sample Notification Letter to Federal Aviation Administration (FAA)
What Must Be Proved at an ALS Hearing
Compendium of Superior Court Decisions on Appeal: N.H. Department of Safety, Bureau of Hearings
Exhibits Required for Test Over Hearings
The Best Issues for Inquiry by the Defense
Table of Commonly Cited Supreme Court Cases
DSMV 426 Form
Sample ALS Request Letter (Test Over)
Sample ALS Request Letter (Refusal)
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