Daniel Hynes

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DUI defenses in NH

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DUI Defenses In New Hampshire

When a motorist is charged with a DWI offense in New Hampshire, they are presented with several options for dealing with the charges. The first option is to plead guilty. If an individual charged with a DWI chooses to plead guilty, it is left to the discretion of the judge to determine the specific penalties that should be meted out to the defendant. The results are often harsh. There is nothing to prevent a judge from handing down the maximum.

The second option is to plead not guilty. When a defendant opts to plead not guilty, their case goes to trial. However, this does not necessarily mean that a defendant will see the inside of a courtroom. When the initial plea of not guilty is entered, the defendant has, at any time, the right to change their mind. Most NH DWI lawyers initially advise their clients to plead not guilty in order to gain more time to review the facts of the case and the evidence.

The third option is to accept a plea bargain. This occurs when a prosecutor offers a lesser sentence in exchange for the defendant entering a plea of guilty. Charges are reduced, and a lesser sentence is obtained than what a standard conviction would bring. In some cases, a plea bargain offers an ideal method of achieving the best possible results and enables the defendant to avoid the time, cost, and uncertainty that accompanies going to trial.

Who Is Eligible For a DWI Plea Bargain?

Any person who is charged with a criminal offense in New Hampshire is eligible to receive a plea bargain.  However, it is not considered a legal right, and it is up to the discretion of the prosecutor whether or not to offer it. An experienced NH DWI attorney can engage in negotiations with a prosecutor in order to secure a plea bargain, but the ultimate decision lies with the prosecutor.

There are a number of benefits associated with plea bargains. In certain cases, a plea bargain will result in reduced charges. For example, a defendant charged with a DWI may see their charges reduced to reckless driving. In the state of New Hampshire, before charges can be reduced, a prosecutor must provide the Attorney General with a written statement. For this fact alone, plea deals are not always feasible. If this scenario occurs, the defendant has the option of rescinding their guilty plea, and the case will once more proceed to trial.

A plea bargain can also be beneficial for defendants who have multiple DWI offenses on their record. DWI charges are often accompanied by charges for other criminal offenses, such as evading arrest and reckless driving. In exchange for a guilty plea, a plea bargain will often result in the dropping of these other charges.

Contact an NH DWI Attorney to Learn More

Motorists who have been arrested and charged with a DWI offense in New Hampshire and would like to learn more about their defense options and plea bargaining should call our law offices immediately. Speak to one of our experienced DWI lawyers right away. In DWI cases, time is of the utmost importance, so you should act fast.  

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Guest Friday, 31 March 2023