A Practical Guide to Trying DWI Cases in New Hampshire

- Product Number: 2111081WFM
- Publication Date: 8/31/2010
- Edition: 1st Edition 2010
- Copyright: © 2010 MCLE, Inc.
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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. 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.
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Table of Contents
Table of Contents
expand allChapter 1 expandInitial Defense Trial Preparation
Buy ChapterExhibit 1A
- Initial Discovery Letter Under Dist. Ct. R. 2.10: The “2.10 Letter” Buy FormExhibit 1B
- Motion to Compel Discovery Buy FormExhibit 1C
- Motion to Preserve Evidence Buy FormExhibit 1D
- DWI Detection and Standardized Field Sobriety Testing Student Materials Buy FormExhibit 1E
- Demand for Attendance of Breath Test Operator Buy FormExhibit 1F
- Demand for Attendance of Certifying Scientist et al. Buy FormExhibit 1G
- Notice of Appearance Buy FormExhibit 1H
- Waiver of Arraignment Buy FormExhibit 1I
- Demand for Formal Proof of Public Way Buy FormExhibit 1J
- Defendant's Objection to Admissibility of Certificate of Analysis Pursuant to Rev. Stat. Ann. § 318-B:26-a Buy FormExhibit 1K
- Request for Administrative License Suspension Hearing Buy FormExhibit 1L
- Rev. Stat. Ann. § 265-A:3 (Aggravated DWI Law) Buy FormChapter 2 expandChapter 3 expandBreath Test Issues
Buy ChapterExhibit 3A
- Graphic Representation of the Compounds That Comprise Alcohol Buy FormExhibit 3B
- Graphic Representation Showing Molecular Bonds Whose Energy Is Measured by Breath Testing Devices Buy FormExhibit 3C
- 2007 Photograph of the Intoxilyzer 5000® Buy FormExhibit 3D
- Rejection of Intoxilyzer 8000 by State of Tennessee Buy FormExhibit 3E
- 2007 Photograph of the Intoxilyzer 5000EN® Buy FormExhibit 3F
- 2007 Photograph of the Interior of the Intoxilyzer 5000EN® Buy FormChapter 4 expandBlood Test Issues
Buy ChapterExhibit 4A
- Relevant Portions of New Hampshire Department of Safety Administrative Rules Governing Blood Testing Buy FormChapter 5 expandThe Prosecutor's Case-in-Chief
Buy ChapterExhibit 5A
- Sample Complaints Buy FormExhibit 5B
- Checklist of Elements/Areas of Testimony Buy FormExhibit 5C
- Field Sobriety Tests/Areas of Testimony Buy FormExhibit 5D
- HGN/Areas of Testimony Buy FormExhibit 5E
- DSMV 426 Form Buy FormExhibit 5F
- Intoxilyzer Operator/Areas of Testimony Buy FormExhibit 5G
- Habitual Offender Classifications Buy FormChapter 6 expandThe Defendant's Case
Buy ChapterChapter 7 expandThe State's Challenge to the Defendant's Case
Buy ChapterChapter 8 expandCollateral Consequences of DWI Arrest and Conviction
Buy ChapterExhibit 8A
- Offenses Used to Calculate Habitual Offender Certification Buy FormExhibit 8C
- Driver Disqualification Penalties: 49 C.F.R. § 383.51 Buy FormExhibit 8B
- Selected Department of Safety Rules Regarding the Assessment of Demerit Points Buy FormExhibit 8D
- Sample Notification Letter to Federal Aviation Administration (FAA) Buy FormChapter 9 expandAdministrative License Suspension and Hearings
Buy ChapterExhibit 9A
- Table of Commonly Cited Supreme Court Cases Buy FormExhibit 9B
- DSMV 426 Form Buy FormExhibit 9C
- Sample ALS Request Letter (Test Over) Buy FormExhibit 9D
- Sample ALS Request Letter (Refusal) Buy FormExhibit 9E
- Exhibits Required for Test Over Hearings Buy FormExhibit 9F
- What Must Be Proved at an ALS Hearing Buy FormExhibit 9G
- The Best Issues for Inquiry by the Defense Buy FormExhibit 9H
- Compendium of Superior Court Decisions on Appeal: N.H. Department of Safety, Bureau of Hearings Buy FormChapter 10 expandAppeals and Postconviction Relief
Buy Chapter - Editors & Authors