New Motor Vehicle Offense Laws - NH - Lawyer For MV Offenses

Motor Vehicle Offense Laws in New Hampshire

As a driver of a vehicle, you must stay in the know with the latest changes to driving laws. In the state of New Hampshire, motor vehicle offenses have changed and drivers should be aware to avoid any fines for breaking the law without knowing the changes. Below are a few examples of how motor vehicle fines have changed and what to avoid as you drive in New Hampshire.
 
Stopped School Bus Penalty

If you pass a school bus that has stopped on the roadways, you will face a suspension of your license for 30 days as well as a $500 fine for the first offense. If you are found guilty of passing a stopped school bus again, subsequent offenses will result in a fine of as much as $1,200 and a court appearance that is mandatory.

Failure to Yield

Several changes have been made in regards to failure to yield including emergency vehicle stops and construction equipment. Individuals who do not yield to an emergency vehicle will face a fine of $150 instead of the original $100 fine as previously set for the first offense. Subsequent offenses will result in a $250 fine instead of $200. Individuals who do not yield to road construction equipment or an officer who has pulled over another driver will face a fine of $75 for the first offense. Additional offenses will result in a fine of $250.

Speeding Fine Increases

When it comes to speeding, drivers should avoid it. In New Hampshire, drivers who are found to be going over 70 mph will be fined $65 for going 1 to 5 miles over the speed limit while a $400 fine will be due by those who go over 20 mph of the original speed limit.
By being aware of the new changes, you can avoid breaking any speed, failure to yield or passing violations. If you do find yourself facing charges, be sure to consult with an experienced criminal defense attorney to learn what steps to take next.


By Paul Garrity


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Facing Charges for Texting and Driving? Texting Laws in New Hampshire

You were texting and driving.  It was an urgent text, something that had to be done immediately, however, this time was ill-timed.  Why?  Well a cop saw you.  They pulled you over– had a reasonable suspicion that you were texting and driving, and now you are facing some tremendous penalties. What exactly is the texting and driving law in New Hampshire?  What type of punishment am I facing?  How can I escape this situation?  

Let’s discuss more.

These laws were put into place for these simple little facts:

•    According to research conducted by Distraction.Gov; you are 23 times more likely to get into an accident while texting and driving, as opposed to non-distracted driving.

•    The National HWY Transportation Safety Administration reports that texting and driving is identical to drinking 4 beers.

•    Texting and Driving causes 11 teen deaths every single day and contribute to all of car accidents.

•    Last but not least, Teens who text will spend 10% of their driving outside of their lane. 

It’s not hard to see why this happens.  When you are driving, your car will cover 24 yards every second; this is just going 50 miles per hour; meaning that 3 second text message will cover nearly ¾ of the field.  This startling evidence has led the state of New Hampshire to increase road safety by creating more harsh penalties.

The Current Law in New Hampshire

Let’s go over the current law.  When it comes to driving there are specific laws that you must follow.  For example:

2 Hand Texters – If you are moving in a vehicle and you are typing a text message; or even simply using 2 hands operate an electronic device (not necessarily a cell phone, any technology), this is a violation without question.

It does not count if you are reading or simply entering a phone number to make a phone call with one hand.  If a cop sees you texting or using two hands to operate an electronic device, they will pull you over.

Penalties and Punishment of New Hampshire Law

If you are charged with this violation, you can expect a $100 fine at the minimum.  This is certainly not the same as a DUI or a DWI, however it definitely serves as a wake-up call.  There are stark differences between a DUI and the texting and driving laws; so you are a little more safe in that regard.

If you are driving and you cause an accident because of negligence; i.e. texting while driving – then a jury is already entitled to “presume” that you were functioning in a negligent conduct.  Being a defendant in court, your prospects of successfully defending yourself decrease because you already have something going against you from the get-go.  If you are on the other end of the spectrum and are the plaintiff, the case is definitely in your favor to win.


How We Can Help

We will come to your defense.  It is not necessarily easy to remember that texting and driving is now banned.  After all, you see it everywhere.  However, when it comes down to it, if you are facing a serious fine or a case, you will need a defense attorney that can protect you. We are here to help. Give us a call. 


By Paul J. Garrity


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Criminal Defendant's Rights in NH

NEW HAMPSHIRE - DEFENDANT'S RIGHTS

1) Never Give A Statement to the Police- It is essential that defendants understand that they have nothing to gain, and everything to lose, by giving a statement to the police, either formally, or informally, prior to consulting with an experienced criminal defense attorney in NH.
      
2) Right to an NH Attorney - Defendants have the right to an attorney throughout legal proceedings. The court will appoint an attorney for the defendant at no charge if he/she cannot afford to hire one. However, at the end of the case, you will be billed by the public defender's office, and a judgment and lien will be placed against you for their services.
      
3) Right to a Jury Trial - NH Defendants have the right to a speedy, public jury trial. At the trial, the defendant is presumed innocent, and cannot be convicted unless 12 impartial jurors have been convinced of the defendant?s guilt beyond a reasonable doubt.
      
4) Right to Confront Witnesses - Defendants have the right to confront and cross-examine all witnesses testifying against them.
      
5) Right Against Self-Incrimination - The NH defendant has the right to remain silent, to prevent self-incrimination, and the right to testify on their own behalf.
      
6) Right to Produce Evidence - The defendant has the right to present evidence and to have the NH court issue a subpoena to bring into court all witnesses and evidence favorable to them, at no cost to them.

      
Just say "No" to Warrantless Searches. Note: If a police officer asks your permission to search, you, your automobile or house, you are under no obligation to consent. The only reason they are asking you is because they don't have enough evidence to search without your consent. If you consent to a search request you give up one of the most important constitutional rights you have, your Fourth Amendment protection against unreasonable searches and seizures. Let them obtain a Warrant from an independent magistrate or judge based on probable cause. You have everything to lose, and nothing to gain by consenting. You have rights use them.


Paul J. Garrity Law Offices
14 Londonderry Road
Londonderry, NH 03053
Phone: (603) 434-4106
Cell: (603) 548-5298
Fax: (603) 437-6472
www.pauljgarritylaw.com
Email: pgstringer161@aol.com


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New Years in New Hampshire - Holiday Driving Safety Tips 2012

Don’t Start the 2013 New Year Off on the Wrong Foot.

In 2011 between Thanksgiving and New Year’s there were a reported 13 fatalities in New Hampshire from traffic related accidents. To date so far there were 103 lives that were lost on NH roadways. The Holiday season is definitely one of the busiest times of the year for travel and with all the hustle and bustle of the holiday season between celebrations with family friends and office parties, accidents are on the rise.

While the Holidays are a time of celebration we do need to think about our responsibilities as drivers and civilians. Take some steps before going out can save you a lot of grief later. Getting arrested and accused of NH DWI is not a memory you will want to cherish. But it can affect your life for a very long time and you will remember it for a long time to come.

So here are some tips to you should follow before venturing out to party: 

Who will be the designated driver?
•    Before drinking, designate a sober driver and give that person your keys;
•    Get the number of a local taxi
•    Call a family member to pick you up after the party
•    Use public transportation
•    Plan on staying overnight if at a friends house
•    Prevent friends from drive while impaired, take their keys and get call them a cab

 If You Are Going To Drive After Drinking

If you feel that you have had too much to drink then you should not get behind the wheel!

If you are satisfied that you have had little to drink and feel you are more than capable of driving then before you get in the car or any car you are about to drive then make sure the vehicle is properly inspected, registered and operating properly.
Here are some things to look for:

•    Check all the lights including headlights and tail lamps etc…
•    Check directional signals are working and make sure to use them
•    Inspect license plate lights
•    Take the easiest and safest way home
•    Take the back roads home - some major roadways may have a sobriety checkpoint waiting for you

Don’t get pulled over for a faulty tail light! Police will look at your ability to operate the vehicle at the same time.

What If I Get Pulled Over?

If you find yourself getting pulled over. Then do not panic. Pull over right away!

Repeat: Pull over right away as long as it is safe to do so!

Have your license and registration out and ready.  Don’t look flustered or too defensive. Do not admit to having had more than one drink
Be casual and don’t show that you are nervous. Its normal for anyone to feel anxiety when being pulled over, sober or not.

You simply don’t want to give the officers any reason to thinks that you may be impaired. You may have a smell of alcohol on you but still may be under the legal limits of intoxication. You simply want to avoid having to perform a field sobriety test that even a sober person can fail.


Last but not least - Do NOT take a field sobriety tests!

These tests are only intended to gather evidence against you! Same applies to a portable breath test on the side of the road, these devices are not reliable. Do not take any tests at the police station. They can charge you for a DWI even if you blow under the legal limit of .08 or .02 for persons under 21.

If you get arrested, be polite and simply decline any questions about your nights activities. This is none of their business and anything you say can and will be used against you!
Simply answer only basic booking questions like name, address, birthday, etc… Booking questions have nothing to do with where you were , who you were with or how much you had to drink. Decline to answer and ask to call your attorney.

It is safe to say that you are probably being video recorded from the time of your arrest until the time of your release from the station so behave and act accordingly!



Happy Holidays

Paul J. Garrity Law Offices
14 Londonderry Road
Londonderry, NH 03053
Phone: (603) 434-4106
Cell: (603) 548-5298
Fax: (603) 437-6472
www.pauljgarritylaw.com
Email: pgstringer161@aol.com
Paul Garrity G+