Daniel Hynes

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A DWI charge is often accompanied by other criminal charges

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A DWI Charge Is Often Accompanied By Other Charges

New Hampshire DWI cases are rarely as straightforward as they might seem. Frequently, a simple DWI charge is often accompanied by a slew of other criminal charges. In January of 2013, the state of New Hampshire enacted new legislation to crack down on motorists who drive while impaired. Consequently, police officers have begun to tack additional charges onto a standard DWI charge – whether or not these additional charges are warranted.

On September 25th, 2013, a Vermont man, Luke Theriault, was accused of driving drunk in Hanover, New Hampshire. After his early morning arrest, Mr. Theriault was formally charged with driving while intoxicated (DWI), driving on a suspended license, reckless operation of a motor vehicle, disobeying a law enforcement official, resisting arrest, a yellow line violation, and conduct after an accident.

Hanover police officers received a report of a hit and run incident involving a traffic sign on West Wheelock Street in Hanover. Witnesses described a white SUV that was traveling at high rates of speed. Norwich police officers reported a similar accident that involved the same SUV and a traffic sign on the lawn of the Norwich Green Episcopal Church. The SUV departed the scene of the accident on the wrong side of the road.

Luke Theriault was released on a $1,500.00 bail bond, and his court date was officially set for December 16th.

While Mr. Theriault’s case is one of the more extreme incidences of DWIs in New Hampshire, it offers a perfect illustration of how police officers are adding as many additional charges as possible to new DWI cases. Moreover, while most New Hampshire DWIs are prosecuted as misdemeanors, depending upon the circumstances of a defendant’s arrest, they could be charged with an aggravated DWI, which is classified as a felony. Scenarios in which a motorist could be charged with an aggravated DWI include:

§  Driving more than 30 miles over the posted speed limit

§  Having a passenger under the age of 16 in the vehicle at the time of the incident

§  Fleeing law enforcement

§  Leaving the scene of an accident

Unfortunately, it is often left at the discretion of law enforcement officials to determine whether or not a motorist is charged with an aggravated DWI.

For these reasons, it is imperative for a defendant charged with a NH DWI to engage the legal services of an experienced New Hampshire DWI attorney. In addition to securing the best possible outcome for their client’s case, NH DWI lawyers also ensure that their clients’ Constitutional rights are protected. By law, prosecutors are required to make all of their evidence against a defendant available to the defendant’s lawyers. Our DWI attorneys will review this evidence to determine whether or not the additional charges are warranted and plan a defense accordingly. In some instances, it may be possible to have these additional charges dismissed.

If you have been charged with a DWI in New Hampshire, contact one of our NH DWI attorneys today for a free consultation.

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Guest Friday, 19 April 2024