Criminal

New Hampshire law makes a business accountable if it serves alcohol to an obviously intoxicated person.  In New Hampshire, this legal protection is found in a statute: RSA 507-F “Alcoholic Beverage Licensee Liability.” Such a legal proceeding is commonly referred to as a “Dram Shop” action. The protections provided by this law often come into

The Superior Court system in New Hampshire has been several years in implementing a Felonies First criminal program.  This space has written about the proposed change in the past.  It has finally come into being.  Essentially, the program does away with the probable cause hearing process and sends felonies to the Superior Court for first

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

“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

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

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

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

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

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

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