New Hampshire DWI Injury Attorneys – Ryan Russman

No parent wants to get a phone call from a child in jail. Nevertheless, mistakes happen. Don’t compound their mistake by mishandling their call to you.

Being arrested is scary and, odds are, your child is going to be extremely upset by the time they call you for help. Your first priority is to calm them down. Your second priority is to keep them quiet.

Do not make your child explain what happened. In fact, don’t even ask. And don’t let them tell you. Your child is probably calling from the booking desk and is standing in front of a police officer. Or he or she is calling from the holding area and can be overheard. What your child says to you on the phone can be detrimental to their case. Calmly explain that they will be able to tell you everything later.

You must encourage your child not to waive their right to remain silent or to legal counsel. Everything your child says while in police custody can be put in their case file and be used against them. Stress that they are to remain calm, courteous and quiet. You need to know the charge, if bond has been set, and if not, when it will be set. These are the only questions to be answered on the phone.

If the child is too distraught to answer, have him give the phone to the desk sergeant or jailer. Let your son or daughter know that you are going to help them and will see them as soon as you can.

Once you know the amount of bond, get your child out of jail. If you don’t have the cash on hand, you can use a bondsman. They will post bond and charge you a percentage of the total amount as their fee. You will also have to pay jailer fees. If there is no way you can post bond, contact a criminal defense attorney immediately.

Though your child can be represented by the public defender, he or she will have a much better chance at minimizing the legal consequences if you hire an experienced DWI attorney. Take some time and research local attorneys. Once one is hired, information passed between your child and the attorney is privileged. The attorney will not be able to update you on the case or explain the details of the arrest without authorization—even if you are footing the bill.

Depending on the circumstances, a DWI arrest can affect the rest of the child’s life. New Hampshire takes DWI very seriously and offenses carry stiff penalties. The whole process is going to be difficult on everyone involved. Odds are, you will be caught off guard when you receive the initial phone call, and you may feel overwhelmed throughout the entire process. Choosing the right attorney will go a long way toward not only building your child’s defense, but also supporting your family through a very difficult time.

For more information on how to choose the right attorney, read Picking a DWI Attorney.

When you drive or attempt to drive a vehicle, boat, or OHRV (Off Highway Recreational Vehicle),on any public highway or waterway, you are giving the state permission, or “consenting” to drug or alcohol tests if the police have reasonable grounds to believe you are under the influence. You are agreeing to physical tests and examinations, and to chemical, infrared molecular absorption, gas chromatograph test, and blood, urine or breath tests.

These tests are administered by the police either on the side of the road, at the police station or in a lab. The results of field sobriety tests, such as walking a straight line and touching your nose, and the breath test are given to you as soon as the test is completed. The results of lab tests are sent to you within 48 hours of receipt. (Make sure the Department of Motor Vehicles has your correct address on file, or you may not receive all the paperwork that is relevant to your case.) In New Hampshire, you will be considered as Driving While Intoxicated if you have a blood alcohol content (BAC) of 0.08 or more, 0.02 if you are under the age of 21, and 0.04 if you are driving a commercial vehicle.

Before administering a test, the police officer must follow certain prerequisites. Statute 265-A:8 defines the prerequisites as:

I. Before any test of a person’s blood, urine, or breath specified in RSA 265-A:4 is given, the law enforcement officer, authorized agent, or peace officer shall:
(a) Inform the arrested person of his or her right to have a similar test or tests made by a person of his or her own choosing;

(b) Afford the arrested person an opportunity to request such additional test; and

(c) Inform the arrested person of the consequences of his or her refusal to permit a test at the direction of the law enforcement officer.

II. Before any post-arrest physical test specified in RSA 265-A:4 is given, the law enforcement officer, authorized agent, or peace officer shall inform the defendant of the consequences of the defendant’s refusal to comply with the law enforcement officer’s, authorized agent’s, or peace officer’s instructions for a post-arrest physical test.

In New Hampshire, as in many states, if you refuse to perform a test and you are found guilty of DWI, you will automatically lose your license for a set period. This is known as Administrative License Suspension. In New Hampshire a suspension of six months is imposed if you have no previous DWI’s or test refusals. If you have had a prior DWI conviction or test refusal, the state will suspend your license for two years.

If the prerequisites are not followed, the tests cannot be used against you in court.

No matter what state you live in, you will have a variety of DWI attorneys to choose from, each seemingly as skilled as the other. When accused of Driving while Intoxicated and frightened of the legal consequences, choosing your best defender can fuel an already upsetting circumstance. There are things you can do, however, to ensure your decision is a sound one.

Referrals

Talking to people who have had their own DWI cases is always helpful, but do not forget about people who are truly knowledgeable.

The arresting officer has probably seen more than a few DWI attorneys in action. Ask whom they would choose if he or she were in your situation. You can also seek a referral from a court clerk, security guard, court reporter or even a bailiff from the county of your arrest.

Your family lawyer, if not skilled in DWI defense, should be able to recommend a quality DWI attorney. In addition, your local library will have a copy of the Martindale-Hubbell Law Directory, which lists attorneys by state. The American Bar Association and your state and county Bar Associations may offer a referral service. Make a list and begin your own research.

Training

Use the Internet to search profiles. Look for lawyers with advanced training, and certification from the National College for DUI Defense (NCDD) or The National Association of Criminal Defense Lawyers (NACDL). A handful of lawyers across the country are even certified in Field Sobriety and Evidentiary Breath Alcohol testing. You want to know the lawyer you choose has advanced training and is keeping up with ever-changing state laws.

Publications and Seminars

The best lawyers in each state are typically active in public service, give seminars, and advanced training to other lawyers and police departments. Some attorneys create informational publications for consumers. Question the lawyers you interview to see how active they are in promoting and educating.

Technology

Though using technology in the courtroom is not common yet, innovative attorneys use technology for everything from speeding up the movement of information to visual effects, jury education and enhanced proceedings. PDA’s, laptops, projectors, PowerPoint presentations, instant courtroom research, and electronic litigation reports are becoming more important in legal proceedings. Technology definitely has its advantages. Ask your potential attorney if and how s/he uses technology to help win DWI cases.

Follow Your Instincts

Initial consultations should always be free. Use the consultations to get a feel for your lawyer. A good attorney will ask you many questions, be genuinely interested in your situation, and will explain how the process works and how it will affect you. They will not seem rushed or distracted. If an associate will be handling your case, the attorney should introduce you and make you feel comfortable.

He or she should be available to you if you have questions or concerns. Some attorneys will even give you their home or cell phone numbers, in case you have concerns or problems after office hours.

Most lawyers have a flat fee for DWI cases. Do not end your interview until you have discussed fees and obligations.

Choosing the Attorney

How you feel when you are sitting in front of the attorney means a lot. You should be comfortable with this attorney and feel that he or she has a true interest in your case. You need to know that he or she will respond to emails or phone calls, that they and the law firm staff will be available to answer your questions and keep you informed.

Research your choices carefully. You will be closely involved with this person for the next six to twelve months and must believe in your lawyer’s abilities to defend you.