A Practical Guide to Trying DWI Cases in New Hampshire
Case authority, statutory law, and local wisdom on how to win at trial in Granite State courts
- Product Number: 2203977WCH
- Publication Date: 5/22/2020
- Edition: 2nd Edition 2020
- Copyright: © 2020 MCLE, Inc.
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Product Description
Product Description
Designed specifically for lawyers who defend and prosecute drunk driving cases in New Hampshire, this manual is a first for the Granite State. Editor Mark Stevens of Salem, NH has assembled a winning cadre of DWI experts to join him in developing this must-have resource, which offers practical, seasoned guidance backed by case law and statutory authorities. Featured are sample letters to police departments and the Bureau of Hearings, model motions and other pleadings, checklists, current and pertinent statutory law, and other key resources that give you the edge in your courtroom work and pretrial work. This book is unique in that it brings together some of New Hampshire's most knowledgeable DWI defense counsel with prosecutors and police department lawyers. A Practical Guide to Trying DWI Cases in New Hampshire is your most trusted source for prosecuting or defending a DWI in the Granite State.
Recent updates:
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Update: May 2020
Dear Subscriber:
Thank you for choosing to keep your copy of A Practical Guide to Trying DWI Cases in New Hampshire current with this 2020 edition. Inside, you will find updated information on topics like these
- Stationary Motor Vehicles; Community Caretaking —See Chapter 2 for information about officers' practice of activating blue lights during a stop and the significance of front-facing versus rear-facing lights in terms of reasons for the stop.
- Breath Test Issues; The Intoxilyzer 9000 —See Chapter 3 for descriptions of the latest instrumentation to test breath alcohol content, and some particulars as to its technology.
- Collateral Consequences of a DWI Arrest —See Chapter 10 for new discussion of the nuances and consequences of a DWI arrest, including licensing, the assessment of demerit points, installation of interlock devices, and more.
- Collateral Attack Motions —See Chapter 10 for discussion of a 2019 case addressing the requirement that collateral attack motions be filed in the Superior Court.
We at MCLE trust that you will find this material useful in your criminal law practice, and valuable in your law library.
Cordially,
Maryanne G. Jensen, Esq., Director of Publications
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Update: May 2020
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Table of Contents
Table of Contents
expand allChapter 1 expandInitial Defense Trial Preparation
Buy ChapterExhibit 1A
- Initial Discovery Letter Under Dist. Ct. R. 2.10— The “2.10 Letter” Buy FormExhibit 1B
- Motion to Compel Discovery Buy FormExhibit 1C
- Motion to Preserve Evidence Buy FormExhibit 1D
- DWI Detection and Standardized Field Sobriety Testing Student Materials Buy FormExhibit 1E
- Demand for Attendance of Breath Test Operator Buy FormExhibit 1F
- Demand for Attendance of Certifying Scientist et al. Buy FormExhibit 1G
- Notice of Appearance Buy FormExhibit 1H
- Waiver of Arraignment Buy FormExhibit 1I
- Demand for Formal Proof of Public Way Buy FormExhibit 1J
- Defendant’s Objection to Admissibility of Certificate of Analysis Pursuant to Rev. Stat. Ann. § 318-B:26-a Buy FormExhibit 1K
- Request for Administrative License Suspension Hearing Buy FormExhibit 1L
- Rev. Stat. Ann. § 265-A:3 (Aggravated DWI Law) Buy FormChapter 2 expandChapter 3 expandBreath Test Issues
Buy ChapterExhibit 3A
- Graphic Representation of the Compounds That Comprise Alcohol Buy FormExhibit 3B
- Graphic Representation Showing Molecular Bonds Whose Energy Is Measured by Breath Testing Devices Buy FormExhibit 3C
- 2007 Photograph of the Intoxilyzer 5000® Buy FormExhibit 3D
- Rejection of Intoxilyzer 8000 by State of Tennessee Buy FormExhibit 3E
- 2007 Photograph of the Intoxilyzer 5000EN® Buy FormExhibit 3F
- Diagram from Georgia Intoxilzyer 9000 Operator’s Transition Training Manual Buy FormExhibit 3G
- Sample Histogram from the Georgia 2014 Intoxilyzer 9000 Operator’s Transition Training Manual Buy FormExhibit 3H
- Ideas for Discovery Requests Buy FormExhibit 3I
- Intoxilyzer 9000 Exception Messages Guide Buy FormChapter 4 expandBlood Test Issues
Buy ChapterExhibit 4A
- Relevant Portions of New Hampshire Department of Safety Administrative Rules Governing Blood Testing Buy FormChapter 5 expandThe Prosecutor’s Case in Chief
Buy ChapterExhibit 5A
- Sample Complaints Buy FormExhibit 5B
- Checklist of Elements/Areas of Testimony Buy FormExhibit 5C
- Field Sobriety Tests/Areas of Testimony Buy FormExhibit 5D
- HGN/Areas of Testimony Buy FormExhibit 5E
- DSMV 436 Form Buy FormExhibit 5F
- Intoxilyzer Operator/Areas of Testimony Buy FormExhibit 5G
- Habitual Offender Classifications Buy FormChapter 6 expandThe Defendant’s Case
Buy ChapterChapter 7 expandThe State’s Challenge to the Defendant’s Case
Buy ChapterChapter 8 expandCollateral Consequences of DWI Arrest and Conviction
Buy ChapterExhibit 8A
- Offenses Used to Calculate Habitual Offender Certification Buy FormExhibit 8B
- Selected Department of Safety Rules Regarding the Assessment of Demerit Points Buy FormExhibit 8C
- Driver Disqualification Penalties— 49 C.F.R. § 383.51 Buy FormExhibit 8D
- Sample Notification Letter to Federal Aviation Administration (FAA) Buy FormChapter 9 expandAdministrative License Suspension and Hearings
Buy ChapterExhibit 9A
- Table of Commonly Cited Supreme Court Cases Buy FormExhibit 9B
- DSMV 426 Form Buy FormExhibit 9C
- Sample ALS Request Letter (Test Over) Buy FormExhibit 9D
- Sample ALS Request Letter (Refusal) Buy FormExhibit 9E
- Exhibits Required for Test Over Hearings Buy FormExhibit 9F
- What Must Be Proved at an ALS Hearing Buy FormExhibit 9G
- The Best Issues for Inquiry by the Defense Buy FormExhibit 9H
- Compendium of Superior Court Decisions on Appeal—N.H. Department of Safety, Bureau of Hearings Buy FormChapter 10 expandAppeals and Postconviction Relief
Buy Chapter - Editors & Authors