DWI Checkpoints Ruled Legal but Challenges Expected to Continue

The legality of DWI checkpoints has come into question in a number of recent New Hampshire cases.

One such case came into question last summer when more than 800 cars were pulled over at various checkpoints across the state of New Hampshire. Ten arrests were made from these stops, and a guilty verdict with regard to the arrest of Christopher Shields was just issued this week, declaring checkpoints to be statutorily legal.

According to the Boston Herald, the attorney for this particular case claimed the “roadblock was illegal because the process by which cars were stopped was not random as required by law.” The Judge decided otherwise.

District Court Judge Morrison did not issue an official decision with his verdict. Essentially, this decision provides there is no legal precedent from which future cases can cite. While prosecutors claim Judge Morrison’’s decision paves the way toward a consensus on DWI checkpoint legality, police officers expect challenges with checkpoint arrests to continue.

New Hampshire residents should expect to see many more checkpoints over the course of the summer, and potentially this Memorial Day Weekend. While some residents may be outraged or question checkpoint legality, the important point to remember is safety. If you are not safe to drive, don”t drive. It may seem to be common sense, but most of us have been in the position of making unsafe decisions.

College Safe Ride Programs Prevent Drinking and Driving

College students drink. Each year the Top 10 Party Universities list is released, and parents groan at the thought of their child drinking and getting behind the wheel. Fortunately, many universities have campus-sponsored transportation systems to decrease the likelihood of students driving while intoxicated.

While no university promotes reckless drinking, they all understand students are often faced with unsafe situations when involved in weekend festivities. A proactive approach is a form of the “safe ride” program, paid alongside tuition within the laundry list of student fees. You pay for them and these are lifesaving services worth being aware of and using.

Fortunately for New Hampshire residents, the University of NH in Durham offers a similar safe ride program. As a safe back-up plain, the UNH Safe Ride website states the program is “for UNH students who drove their car to a social gathering/event and need a sober ride home.” The program won’t drive you to the bar, but it will get you home safely if walking is not an option. In this instance, a parking ticket is much more preferable than a DWI.

Large schools such as the University of Texas at Austin have partnered with Capital Metro transportation to offer shuttle routes on Thursdays, Fridays and Saturday evenings. These bus routes travel to and from major entertainment localities throughout Austin, providing students safe, free transportation to and from bars and music venues. If you’re been unable to locate these services, check with your university’s health and wellness department.

Each school has a different means for providing safe, free transportation to students who have been drinking. If you are a student, it’s worth the time to acquaint yourself with the services at your university. Parents are also encouraged to explore these services and reach out to their children to educate them about the risks of drinking and driving.

Keep in mind this is not a personal taxi service, but a valuable alternative when you may be in a tight situation. Drinking and driving should never be an option.

Too Drunk to Drive? Tweet a friend!

If you’ve had too much to drink, you should not drive. Unfortunately, many people do anyway, thinking they will be stranded if they don’t take matters into their own hands. But in today’s increasingly connected world, there should never be an excuse to drink and drive.

One great option for seeking help if you need a designated driver is the micro-blogging tool, Twitter. If you’re going out and have a tendency to get into risky situations with alcohol, post an update before you leave asking friends to give you a call later. You may not remember to call when you need a ride, but your post will remain up all night, and a good friend will check up on you.

Designated driver services exist nationwide. There may be a local branch which offers free rides home for those in need of a lift. Designated Drivers of Buffalo New York, for instance, has a Twitter account advising residents to call rather then get behind the wheel.

You can also use Twitter when you”re at the bar. If you don’t have someone’s number but know they use Twitter, sending them a direct message or an @reply will go directly to their Twitter account.

Finally, Twitter allow optional device updates. These updates can be sent to your cell phone, and you may choose to receive updates from all or select users whom you follow. Try setting up a “buddy system” with another friend on Twitter. Whenever you update, your tweet will be sent directly to their phone. You may not be able to call, or they may not be able to talk, but the message will still get through if you make sure to receive device updates from one another.

Tweets can be sent from any mobile device with text messaging capabilities. With today’s communication technologies there can always be someone there when you need a ride.

Pulled over for a DWI in New Hampshire (part two)

[Continued from Part One]

If you refuse to submit to physical tests, the officer will take your license, inform you of your Miranda rights and begin booking you.  Under Miranda, you do not have to answer questions that may incriminate you, but the officer will require some information such as your height, weight, and eye color.

If you previously refused to take physical tests to determine your alcohol level, the officer can obtain a warrant and under the protection of law, obtain chemical, blood, urine or breath results to be used against you in court.

As soon as you are able, you should call your attorney. You should not talk about your arrest with anyone, including family, friends, or cell mates. Only speak with your attorney. While you are waiting for your attorney, remain courteous to law officials. Even though you will probably be scared, nervous and agitated, try to remain calm and follow directions.

As soon as you are able, post bail and go home. By the time you are able to post bail, the police have already gathered as much information from you that they can use. You need to rest up and begin your defense.

If you haven”t spoken to your attorney yet, do so as soon as possible.  Tell your attorney everything that relates to the case and answer every question with complete honesty. You will need to share all details leading up to and following your arrest.

Your attorney will begin gathering evidence for your defense. He will visit the scene, conduct interviews, gather reports and information from the police, and investigate all allegations thoroughly. If at any time you remember a forgotten detail, tell your attorney as soon as possible.

Getting a DWI in NH is a serious offense with serious consequences. Hiring an experienced DWI attorney, and being an active participant in your defense is of the utmost importance.