DWI Program Cuts Spell Longer Sentences for Multiple Offenders

As a result of seventeen state job cuts in Laconia, some DWI offenders will be spending more time in jail than their judge required.

New Hampshire state laws surrounding DWI offenses are very strict. Individuals convicted of multiple or aggravated DWI charges must serve their sentence within 21 days of conviction.  This type of sentence comes with a contingency that they must serve at least ten days in jail, seven of which must be spent in an intervention program for offenders.

New state budget cuts and resulting job losses, however, have closed the state-run Multiple Offender Program (MOP), based in Laconia, giving convicted individuals no choice but to serve more time in jail or find alternative options.

Privately run intervention programs are certainly available to offenders, but many of these cost more than $1,000 in up-front fees.  This means that individuals who are unable to pay these private costs may have to spend up to 30 days in jail instead.

The Laconia job losses come as a result of statewide budget cuts. Nancy Rollins, the associate commissioner of health and human service, said it was a difficult decision to cut MOP.  To assist individuals, Rollins said the state may offer to pay the up-front costs of private programs and collect the costs from the offenders after the treatment has ended.

No definite plans are in place, however, and Rollins says the state is working hard to find a good working alternative to the previously state-run program.  To assist in this transition, many courts are withholding sentencing.

In 2008 there were 2,732 DWI cases in New Hampshire that involved multiple or aggravated offenses.  Seventy five percent of those cases were handled by MOP.  Now that the program is gone, government officials will be working hard to find feasible alternatives that appease the court as well as maintain an efficient system to handle these DWI cases.

For a video on this news topic, visit http://www.wmur.com/news/21341593/detail.html

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Unsigned form sufficient to establish jurisdiction

A new court decision with regard to DWI in the state of New Hampshire was published earlier this month.  In James Kerouac v. New Hampshire Division of Motor Vehicles, the Supreme Court upheld the lower court’’s decision to suspend the driver’’s license of the plaintiff, Kerouac.

According to the plaintiff, during the DWI arrest:

[Chief Campbell] checked a box that indicated that the plaintiff had failed to submit to testing. In section V of the form, titled “Officer’s Report,” Chief Campbell listed his name as the officer who swore that he requested the plaintiff to submit to testing and checked the box indicating that the plaintiff had refused testing. Chief Campbell neglected, however, to sign this part of the form, although there was a place for his signature.

The plaintiff’s license was suspended because he was deemed to have refused testing. He requested an administrative hearing to challenge this, asserting that the New Hampshire Department of Safety (department) lacked jurisdiction over the matter because Chief Campbell had failed to sign section V of the form.

The Court upheld the juridiction of the Department of Safety, indicating that an unsigned form is sufficient to warrant jurisdiction in suspension of a license during a DWI arrest.

Unfortunate NH DWI News

Many of my clients have come to me because of a poor decision to drink and drive. The majority learn their lesson after the first offense, and leave more cautious and educated about the legal implications of drinking and driving. Unfortunately there are individuals who have serious conditions and endanger others. I post this news story to urge you to encourage family and friends to be cautious. If you suspect a loved one has problems with controlling their intake of alcohol, encourage them to seek help.

A local Portsmouth father has not only been charged with aggravated driving while intoxicated, but child endangerment to his 2-year-old.

Full story here: http://www.boston.com/news/local/new_hampshire/articles/2009…