Daniel Hynes

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http://usnews.nbcnews.com/_news/2012/12/11/15826007-military-cracks-down-on-alcohol-abuse-amid-age-old-bingeing-habit?lite

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Officials within the U.S. military are actively targeting over-boozing troops at home and abroad, but addiction specialists and service members say binge drinking remains as rampant as ever inside the armed services.

Among the new initiatives to stem the problem: The Marines, starting next year, will give random breathalyzer tests to Corps members; the Air Force and Army curbed some overnight liquor sales for U.S. military personnel in Germany; and American service members in Japan were barred from leaving their residences after consuming more than one adult beverage."

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While most lawyers will probably be able to help you better than if you were to represent yourself, all lawyers are not the same. If a lawyer handles many dwi cases, that lawyer can probably best help you. I have more dwi trials in a year than most New Hampshire lawyers do in their career. In a recent example, I was able to get a much better plea offer than the client got from his first lawyer.

Client was charged with second offense dwi and gave a breath test of .16. Because his first dwi was within two years, if he was found guilty, it would be a minimum 30 days in jail, plus the 7 day alcohol program. His first offer got him a plea offer to those "minimums". Client was not able to do 30 days in jail as it would cost him his job. He hired me for a better outcome.

At the pretrial the prosecutor first made the same offer. After figuring out the main goals of what the prosecutor wanted, I was able to propose a plea to dismiss the second offense for a plea to aggravated DWI. It had the minimum 3 days in jail imposed, with some suspended time hanging over his head. Additionally, we were able to get the client sentenced in accordance with the upcoming 2013 laws so that he did not have to to the 7 day inpatient program (he will instead do the IDCMP).

I have had many cases with this prosecutor, and he knows I am willing to go to trial. He also congratulated me on a not guilty verdict I got in a DWI case the week prior.

Different lawyers will not always be able to get different plea offers. However, if pleas fall through and the case is going to go to trial, your best defense is likely with a lawyer who handles, and wins, numerous DWI cases. I have helped hundreds of clients who have been charged with DWI and I am willing to fight to protect their rights and obtain the best result possible.

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The New Hampshire legislature has made major changes to the DWI laws effective January 1, 2013. I will go into them in detail, but some of the major changes are: DWI Drugs is now any substance/drug, not just a controlled substance; Complete revision to the alcohol programs (No more MOP); Quicker arraignments; Increased penalties for Aggravated DWI & Subsequent offense; The DMV can now require an interlock device for ANY dui. In my opinion, none of these changes help most people arrested for DWI. With increased penalties, there is even more at stake if you are convicted of DWI. New Hampshire already had some of the harshest laws and penalties in the Country, they are now even more harsh. You need to consult an experienced New Hampshire DUI Attorney as soon as possible.

1: DWI Drugs can be based upon any substance (and in my opinion everyone who drives on the road is always committing the crime of DWI due to this absurd statute)

Before January 1, 2013, to be convicted of driving under the influence of drugs, the prosecutor had to prove a "controlled substance". Many drugs are not a controlled substance and this was one of my favorite defenses. I guess the legislature got upset with too many people being found not guilty, so the statute now provides it is against the law to drive:

"under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive".

The New Hampshire Supreme Court has already defined under the influence as impairment to any degree. The least amount of proof possible (which happens to make NH have the most strict DWI law in the country). So, if your ability to drive is impaired even less than 1% you can be found guilty of DWI.

But, look how broad "prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic" is. This includes pretty much every substance/matter, as everything in this world has chemicals/molecules in it. So, the prosecutor could get a conviction for tylenol, every prescription medication, nicotine, water, caffeine etc. I am not a chemist or physiologist, but it seems to me if someone is just a little sleepy, hungry, depressed, anxious, happy, or pretty much anything, there are probably some chemical reactions going on in that person's brain, and substances such as serotonin are probably being affected. The way I read this absurd overbroad statute, is that if you are not driving at 100% (Which is impossible) there is likely something that affected your ability to drive even in the slightest degree. Accordingly, I posit that everyone is always committing the crime of DWI in the State of New Hampshire.

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http://news.yahoo.com/beer-bar-u-tradition-getting-stale-223154271--sector.html

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One result of the 2008-2009 recession that reduced manufacturing jobs in places such as Milwaukee has been slower traffic at some bars, and sluggish beer sales nationwide over the past four years, according to industry analysts.

"Contrary to the myth that people go out and drown their sorrows, the truth is that beer drinkers are pretty responsible people and when they have to cut back, they're cutting back on their pleasures," said Chris Thorne, vice president of communications at the Beer Institute, a Washington-based trade group.

According to the institute, beer drinkers last year in the United States drank 203.4 million barrels, about 5 percent less than in 2008.

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http://shine.yahoo.com/parenting/12-old-sues-parents-drunk-driving-car-accident-190600659.html

"After almost losing her life to her parents' poor judgment, a little girl has taken her family to task—and to court.

12-year-old Faith Carberry, of Longford, Ireland, filed a lawsuit against her parents, Mary Carberry and Tommy Varden, after sustaining severe injuries from a drunk driving accident caused by Carberry, driving a car purchased by Varden. On Wednesday, the liability suit was settled on undisclosed terms. "

"Faith is not alone in being a childhood victim of drunk driving. In the US, more than two thirds of children fatally injured in car accidents were riding with drunk drivers, according to a report by the Center of Disease Control and Prevention."

In New Hampshire, if you commit DWI with comeone under the age of 16 in the vehicle, you face aggravated DWI.

If you plead guilty to dwi, or are found guilty, this can be used against you in a civil case if you caused property damage, or personal injury. If, you are found not guilty, or plead no contest (nolo contendre), you can still be sued in a civil case, however, the other person would have to still prove you are responsible. Because the burden of proof is higher in a criminal case, you could be found not guilty in the criminal case, yet still lose a civil case.

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http://news.yahoo.com/blogs/technology-blog/why-shouldn-t-lol-dui-facebook-011823460.html

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Kentucky teenager Paula Asher had one too many that fateful night she decided to drive, and she sideswiped another car as a result. Though there were four people in the car hit, thankfully no one was hurt. Asher was cited by police for driving under the influence.

The 18-year-old laughed about driving drunk on her Facebook page after the fact, posting a status update reading, "My dumbass got a DUI and hit a car LOL." The judge presiding over Asher's case found little humor in a crime that results in, according to the National Highway Traffic Safety Administration, 28 deaths each and every day. Asher was ordered to shut down her Facebook page as a result, and when she refused, the judge held her in contempt of court and had her thrown in jail for two days."

Judges have discretion to make certain bail conditions. Although, I have never heard of a judge ordering someone to take down a facebook page, as that has constitutional first amendment concerns.

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http://news.yahoo.com/drunken-driver-kills-seven-moscow-bus-stop-182935602.html

"A drunken driver ploughed his car into a bus stop in Moscow on Saturday, killing seven people and injuring three others, police said.

The driver, who was detained and could face nine years in jail, had his license suspended in 2010 for drunk driving, police said. Interfax news agency quoted a police official as saying he was driving at about 200 km per hour (125 mph)."

"Death rates from alcohol and from road accidents are higher in Russia than in many Western countries."

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http://shine.yahoo.com/fashion/boxed-wine-disguised-cute-purse-genius-idea-totally-181100482.html

"Swedish brand Vernissage's "bag-in-a-bag" of wine is actually a box of wine, shaped like a handbag"

"A massive 3-liter bag will run you about $40 and is filled with French wine from Vin de Pays d'Oc."

I am not too sure this would fly in certain cities in New Hampshire. I gather a prosecutor might want to charge someone with having an open container. And State law would probably prohibit it being any passenger spot of a motor vehicle.

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http://shine.yahoo.com/fashion/urban-outfitter-8217-t-shirts-glorify-drinking-just-183000893.html

http://l.yimg.com/bt/api/res/1.2/0JFsLUojoC_iP1HkBN03RQ--/YXBwaWQ9eW5ld3M7cT04NTt3PTMxMA--/http://media.zenfs.com/en-US/blogs/partner/470_2484486.jpg

"The clothing chain Urban Outfitters is promoting a provocative new line of t-shirts with slogans such as "I Vote For Vodka" and "USA Drinking Team." A version modeled by a young woman, who appears to be a teen, is emblazoned with blurred letters reading, "I Drink You're Cute."

""Kids shouldn't be wearing these t-shirts," Jan Withers, National President of MADD (Mother's Against Drunk Driving), tells Shine. She explains that while MADD does not directly oppose drinking for people over the age of 21 or merchandising to adults: "Marketing [alcohol-related products] to teens is not in any way acceptable." Withers' own daughter, Alisa Joy, was killed in a car crash by an underage drinker when she was 15 years old."

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http://news.yahoo.com/blogs/sideshow/binge-drinking-students-happier-more-accepted-others-study-194406168.html

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Researchers completing a new study on alcohol consumption have discovered that college-age students who binge drink are happier than those who don't.

Those who engaged in binge drinking tend to belong to so-called high-status groups: wealthy, white, male and active in fraternity life. And those who did not belong to the high-status groups could achieve similar levels of social acceptance through the act of binge drinking. In fact, the study results suggest that students engaged in the heavy drinking practice to elevate their social status amongst peers rather than to alleviate depression or anxiety."

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http://news.yahoo.com/us-men-prefer-beer-women-love-wine-010740345.html

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US men like to drink beer, though wine is the beverage of choice for women and older adults, according to a poll.

The annual Gallup poll found that, as with previous years, wine drinkers are mostly based on the East Coast while beer aficionados live in the Midwest."

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http://news.yahoo.com/marriage-drives-women-drink-study-suggests-114103281.html?_esi=1

"Marriage may drive a woman to drink, not because she's unhappy but because she's influenced by her husband's alcohol consumption, new research suggests. And men, on average, drink more than women.

Men, on the other hand, spend less time with their drinking buddies and more with their wives after tying the knot. The result? Married men down fewer beers than their single counterparts."

"Men on average drink more than women, and this statistic plays out during marriage and divorce. Although men in the study still drank more than women during every life stage, the majority of men who were interviewed described three main reasons why marriage curbed their drinking: They spent less time with their drinking buddies; their wives drank less than they did; and their wives worked to limit how much they drank."

"Previous studies have consistently shown that married people drink less than single people, with the anti-drinking association stronger in married men than women. The new study confirmed this relationship in men, but it showed that married women actually drink more on average than women who were never married, divorced or widowed."

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1. Myth: Taking an aspirin before drinking will prevent a hangover.

Fact: In reality, the opposite is true. Research shows that aspirin actually increases the amount of alcohol that ends up in your system, which makes you get drunk quicker—and stay drunk longer. In addition, mixing aspirin and booze can lead to gastrointestinal bleeding

Drinking after taking acetaminophen, found in Tylenol, can be even worse and may even lead to liver damage—so it’s best to heed the warning labels on the bottles for over-the-counter medications for this one!


2. Myth: Sucking on pennies will trick a Breathalyzer due to the copper in the coins.


Fact: People who wish to put themselves and others in harm’s way by driving drunk should know that stuffing a handful of coins in their mouths once they get pulled over will not help them evade responsibility.

The theory is that copper from a penny will absorb ethanol. But even if that were the case, pennies these days have very little copper these days—only 2.5% since 1982, according to the U.S. Mint. And even if you found a stash of old coins, or a magical substance that absorbs alcohol, it still won’t do the trick.

Police officers actually wait fifteen minutes before they have you take the Breathalyzer test, and they’ll also check your mouth to make sure nothing could throw off the results. And the test measures air deep within your lungs—so even if any of these tricks actually had an effect on the air in your mouth, they still wouldn’t trick the Breathalyzer.


3. Myth: Drinking too much will give you a beer belly.


Fact: This much is true—drinking beer excessively can certainly lead to weight gain. But the extra pounds won’t necessarily gravitate towards your belt line, according to a 2009 study published in the European Journal of Clinical Nutrition. Although beer consumption did lead to increased waists circumference—which was closely related to overall weight gain—including bigger hips as well as a wider waistline. And a 2003 study indicated that a big gut has a lot to do with genetics, which can dictate where those extra pounds end up.


4. Myth: Men and women who are the same height can drink the same amount—and get the same results.

Fact: Women actually process alcohol much differently than men—even when controlling for size. Men are generally leaner than women, but both genders have roughly the same size liver. This means that women clear more alcohol per unit of lean body mass than men do, releasing it into the bloodstream quicker.

More alcohol in the blood means women get drunk faster, and it also leads to another problem. Women have way less of the enzymes that break down alcohol in their blood, making it nearly impossible to go shot for shot with even their smallest male drinking buddy without getting far more wasted.


5. Myth: Coffee will sober you up if you’re drunk.


Fact: Animal research suggests that caffeine might make you more alert, but this alertness doesn’t make your drunken state instantly vanish. A simulated drinking and driving study showed that while caffeine did slightly improve reaction time in addition to increasing alertness, it didn’t completely counteract the effects of alcohol impairment in these caffeinated drunk drivers.

Bottom line, the only thing that can sober you up is time.


6. Myth: Alcohol kills brain cells.

Fact: Surprisingly enough, the opposite is true. Alcohol, in moderation, seems to have some positive health effects. And alcohol can actually create positive effects on the brain.

In fact, a 2005 study of 11,000 older women showed that alcohol can actually improve brain function and lower the risk of mental decline by up to 20 percent. Women who downed one drink a day scored as about 18 months “younger,” on average, on tests of mental skills than the non-drinkers.

However, the key is moderation: one drink a day for women and two for men and has a number of health benefits. Heavy drinking boosts the threat of liver damage, some cancers, and heart problems.


7. Myth: The best remedy for a hangover is having another drink in the morning.

Fact: The hair of the dog that bit you is one of the most pervasive drinking myths. Although having a drink in the morning after a night of partying might delay the symptoms of a hangover, once your blood alcohol content is back down to normal, your symptoms will return—possibly worse, due to the additional alcohol.

Water and time are the only legitimate hangover cures. Water will alleviate dehydration and time will ameliorates the symptoms. Additional alcohol won’t do either. To make things worse, the pattern of drinking in the AM can actually lead to alcohol dependency.


Reference: http://health.yahoo.net/experts/dayinhealth/7-alcohol-myths-debunked

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http://gma.yahoo.com/xanax-defense-utah-woman-allegedly-mowed-down-husband-065412038--abc-news-topstories.html

"In a dramatic and public incident, all captured on surveillance video, Brenda White, 36, allegedly chased her husband, Jon White, through a parking garage in her Ford Explorer, plowed into a Salt Lake County office building and then crashed the vehicle into him."

"Brenda was arrested and charged with attempted murder. She was later released on $500,000 bail.

Taking the witness stand Thursday in her own defense, Brenda White told the court that she had taken a handful of Xanax before heading to the Woodland Towers office building, and had heard her husband on his phone in the parking garage telling someone else that he loved her, The Salt Lake Tribune reported."

"In a Utah courtroom this week, Brenda White's attorneys argued that she was suffering "extreme emotional distress" in the moments that she crashed through the building. They say she was suffering from panic attacks from problems with her husband, and lost control when she took too much Xanax."

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http://news.yahoo.com/country-star-randy-travis-accused-dwi-texas-152933652.html

"Randy Travis was charged with driving while intoxicated after the country singer crashed his car and was found naked and combative at the scene, officials said.

It was the second arrest this year for Travis, who was cited in February for public intoxication."

"Travis refused sobriety tests, Vinger said, so a blood specimen was taken. The test results are pending."

Field sobriety tests are voluntary. It is often beneficial to refuse to take the tests as they are designed in such a way that many people will fail even if they haven't consumed any alcohol or drugs.

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http://www.telegraph.co.uk/news/worldnews/northamerica/usa/9427111/Jack-Daniels-sends-worlds-most-polite-cease-and-desist-letter.html

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In most cases of copyright infringement, the standard response of those whose intellectual property has been stolen is to send a threatening legal letter, warning that they are prepared to sue unless their demands are met.

But, as their advertisement campaign suggests, the people at Jack Daniel's are a little more laid back."

"The letter reads: "We are certainly flattered by your affection for the brand, but while we appreciate the pop culture appeal of Jack Daniel's we also have to be diligent to ensure that Jack Daniel's trademarks are used correctly."

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If you have been pulled over for DUI and the officer asks if you had anything to drink, consider that alcohol has been found to be in soda such as coca cola.

http://www.huffingtonpost.com/2012/06/28/alcohol-soda_n_1635190.html

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Trace amounts of alcohol can be found in popular soft drinks including Coca-Cola and Pepsi, according to new findings by the National Institute of Consumption in Paris.

The research, published in the French magazine 60 Million Consumers, found small amounts of alcohol measuring around 0.001 percent per liter in 19 popular sodas around the world. Generic supermarket brands, however, were alcohol-free."

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http://abclocal.go.com/ktrk/story?section=news/national_world&id=8691959

"A Massachusetts teenager was sentenced Wednesday to spend a year in jail for a fatal traffic accident that happened while he was texting.

Aaron Deveau of Haverhill was sentenced to 2 1/2 years behind bars with a year to serve and the remainder suspended for the February 2011 crash that took the life of Donald Bowley Jr., 55, of Danville, N.H., and seriously injured Bowley's girlfriend.

Prosecutors say the then-17-year-old high school student sent 193 text messages the day of the crash, including some just a minute or so before impact and dozens more after it.

A Haverhill District Court jury convicted Deveau of motor vehicle homicide and negligent operation while texting. Family members of both Deveau and Bowley, sitting just feet from each other in court, cried and hugged as the verdict was read.

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http://screen.yahoo.com/drunk-deer-forces-driver-into-ditch-29602472.html?pb_list=23dce613-c500-43f0-9134-70e58b73187a

In the summer, deer in northern France snack on an intoxicating treat -- spring buds -- causing them to get a little loopy. One such stumbling and disoriented deer disrupted traffic, forcing an unsuspecting driver into a ditch.

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http://abcnews.go.com/blogs/headlines/2012/05/man-with-zebra-parrot-in-front-seat-charged-with-dui/

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Police in Dubuque, Iowa, responded to an unusual call this week: reports of a zebra and a parrot in the front seat of a truck parked outside a bar. The striped animal and his fine feathered friend were there to keep their owner company, but weren’t allowed in the bar.

Jerald Reiter, 55, told police the zebra and maccaw parrot enjoy going for rides in his truck, so he brought them to the bar, which he says usually allows animals inside, ABC affiliate KCRG-TV reports."

"When officers arrived on the scene, they stopped Reiter in the parking as he was driving his truck away. Field sobriety tests found he had a blood alcohol level of .14, nearly twice the legal limit, according to police.

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