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A Practical Guide to Trying DWI Cases in New Hampshire

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  • Product Number: 2111085WFM
  • Publication Date: 8/31/2010
  • Edition: 1st Edition 2010
  • Copyright: © 2010 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. 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

    Table of Contents

    expand all
    Chapter 1 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 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 Law Offices

    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

    - 2007 Photograph of the Interior of the Intoxilyzer 5000EN® Buy Form
    Chapter 4 expand

    Blood Test Issues

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    Eric R. Wilson, Esq., Wilson, Bush, Durkin, 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 426 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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    Exhibit 8A

    - Offenses Used to Calculate Habitual Offender Certification Buy Form

    Exhibit 8C

    - Driver Disqualification Penalties: 49 C.F.R. § 383.51 Buy Form

    Exhibit 8B

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

    Exhibit 8D

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

    Administrative License Suspension and Hearings

    Buy Chapter
    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 Law Offices
  • 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 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