Criminal

Winer and Bennett, LLP criminal blog.

“THE LEGAL COMMUNITY’S RESPONSE TO TERRORISM”

Reflection upon the biggest issues of our day lead to a short list that simmer on the edge of boiling; technology, race relations, immigration, and terrorism. Each one has a strong argument for being the most important. The one that is most directly attached to our everyday life in a visceral way is terrorism. While terrorism may not affect us …

Driving Privileges after DUI Conviction

In January of 2016, a new statute became effective in New Hampshire that allows individuals convicted of Driving Under the Influence, first offense, to apply for limited driving privileges in New Hampshire.  Individuals who qualify may request permission to drive on specific days and times in order to travel to obligations including work, job interviews or training, drug and alcohol …

“DUI/Alcohol OR Drugs”

There was no mistaking what DUI, or driving under the influence, meant 20 years ago. Alcohol was the substance that prompted the arrest of impaired driving and the statutory scheme reflected that. There were technological improvements in the early 1980s that allowed breath alcohol to be tested through the breathalyzer machine. The Legislature established standards which set a prima facie …

“JULY 1 PROHIBITION OF USING CELL PHONES WHILE DRIVING”

Effective on July 1st of 2015 New Hampshire RSA 265:79-c will go into effect. This law prohibits the use of cell phones and other electronic devices while driving. As of July 1st, it will be a violation to use a cell phone to make a call with three notable exceptions. Those are: • While making a 911 emergency call; • …

More Rule Changes: Criminal Procedure

In the last five years New Hampshire Courts have made sweeping changes to the Civil, Family Law and recently Criminal Law procedural rules.  Effective December 16, 2013 significant changes were made to the rules governing criminal procedure throughout the superior courts in the state.  Just as we are all creatures of habit and routine, the individual courts too will take …

Primary Election

What has the Primary Election got to do with the practice of Personal Injury, Criminal or Family law?  Answer: everything.  We in New Hampshire are privileged to experience, once every four years, the hand to hand campaigning that candidates must do to prove themselves as national leaders.  The candidates are evaluated up close in open settings with real people asking questions …

Crime and the Media

The temptation is to make an entry on the “issue of the day” whatever that issue may be.  Instead, the subject matter of this post will be Crime and the Media and the role that it plays in our lives.  It seems at first blush that the subject is rather dry and, once a case is over, who really cares?  A …

How Delays Deny Justice

The word came down from a clerk in a Hillsborough County Family Court (9th Circut) that all final hearings were being scheduled out to June.  Our case is a contested custody case where the Guardian Ad Litem has already made a recommendation.  This leaves a delay of about nine months for this family to move on to a new way …

Civility In The Bar

The Summer months bring a (slightly) less frantic pace and the chance to reflect upon the legal profession and its virtues vs. defects.   Being newly minted in the local bar leadership, some of the social organization tasks that need to be done and have fallen upon me.  The local Bar outing is in mid August and takes a fair amount …

Circuit Courts Are Upon Us

The advent of the Circuit Courts in NH is upon us.  The idea is to centralize the services provided by the Court in order to reduce administrative costs and, in theory, to make the Court more convenient for the consumer.  One stop shopping.  Where we now have Probate Court, Family Court, Juvenile Court, and Criminal Court, all those will be under one roof …

Use of Information

One of my favorite quotes of the past ten years is by the author Philip Caputo who wrote “we drink greedily from the salt water of information while our throats are parched for droplets of wisdom.”  So it seems that our world edges ever closer to the inevitable conclusion that all of the information we have is useless because we …

Welcome

This initial entry announces and celebrates the launch of the Winer & Bennett web site.  My areas of law practice are primarily in Personal Injury, Criminal Defense, and Family Law with a cross section of General Litigation as well.  The purpose of this blog, at least initially, is to discuss issues of interest in these areas of the where my …