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Salem New Hampshire Legal Blog

DUI surprises: Interesting myths about Breathalyzer tests

There are people who claim that you can trick a Breathalyzer test, but the truth is that it's unlikely. It is more likely to have a false positive based on other factors, such as having a condition like Gastroesophageal Reflux Disease (GERD) or using dentures.

Breathalyzer tests rely on you to breathe consistently into the device. The test has to be given correctly, or else it can result in a reading that is too high or too low. Here are some myths that you should know.

Marriage-minded entrepreneurs might consider a DAPT

There are a lot of strategies you can use to try to protect your assets from a future divorce. You can try to choose the perfect spouse. A prenuptial agreement is also a good backup, and some couples even find excellent reasons to sign a “postnup.”

New Hampshire business owners who think they might someday marry, or divorce, could explore the idea of setting up a Domestic Asset Protection Trust (DAPT). Only allowed in 17 states and only available in the Granite State since 2009, some business owner use this type of trust to maintain a grip on assets even after divorce.

3 ways to help your kids adjust to divorce

When you are going through a divorce and have children, the first thing on your mind is how you're going to shield them from the worst of it. You want them to grow up happy and healthy, and the idea of a divorce seems to threaten this.

The thing you should know is that many children have gone through divorce and still grown up to be wonderful, well-adjusted adults. For every story of a horrible divorce you hear, there are dozens more where children were raised well between households. Here are three tips on how to help your children adjust, so they, too, can grow up happy.

Private, controlled, multi-faceted: the many benefits of trusts

Any short list of can-do and broadly utilitarian estate planning tools would certainly include the trust.

In fact, trusts would likely top any compilation. Industry experts and commentators routinely laud the ability of trusts to promote multiple planning goals and needs in a manner that no other legal instrument can do.

Criminal law: a vast realm where proven legal counsel benefits

There are many words that singly or in conjunction underscore what the criminal justice system is all about.

One of them is “intense.” We prominently employ that term on our website at the proven New Hampshire Howie Law Office. The deep legal team at our criminal defense firm collectively commands decades of on-point and aggressive experience that we routinely bring to bear on behalf of individuals needing a strong legal ally. We know from long advocacy just how intimidating and even overwhelming the criminal process can seem.

Fighting aggravated DUI charges means taking them seriously

Even a first “regular” DUI charge in New Hampshire can have serious consequences, like fines of hundreds of dollars. But if the charge is “aggravated” DUI, the penalties can easily become life-changing.

Here are the actions to avoid if you don’t want an aggravated DUI charge, and punishments you may face without a good defense.

What does probate centrally require, entail?

Probate is a closely similar process whether it proceeds in New Hampshire, Massachusetts or any other American state. It essentially provides for the lawful administration of assets upon a decedent’s passing. That equates in many instances to court oversight of property earmarked for stated individuals in a will.

We note at the established Howie Law Office (with locations in both Salem and Andover that have provided knowledgeable estate planning assistance to valued clients for more than a generation) that probate is far from being an automatic event following an estate holder’s death.

How money issues can unravel the ties that bind

Money is perhaps the biggest and most constant source of stress that most of us will face. It is no surprise, then, that money issues also a major source of tension in marriages and a frequent reason for divorce.

This problem has been studied by everyone from sociologists to marriage counselors to financial professionals. A recent article in Business Insider combined observations from a number of these observers and identified about a dozen financial behaviors or scenarios that put serious strain on a relationship.

They can’t do that, can they?

A recent incidence involving a traffic stop for suspected impairment has many people wondering exactly how far police can go to secure an arrest? It was a Friday night in Phoenix when a 47-year-old driver was pulled over after observed speeding and weaving in and out of their designated lane. The man's speech was slowed, and his pupils were dilated, red and watery. He confessed to the officer that he had smoked marijuana just a few hours before and consumed a sedative the evening prior after he failed a field sobriety test. After passing a breath test, the officer confirmed he hadn't been drinking but suspected that his driving was impaired by drug consumption. 

Unfortunately, breath tests cannot detect drugs. What happened next seems almost surreal. A DUI police van arrived on the scene. Inside the van was a table and chair, fashioned as a portable blood testing facility. After the man refused to submit to a blood test, the office filed for an electronic warrant and submitted it to a judge. Within ten minutes, search warrant in hand, the officer drew some of the man’s blood. The results showed active levels of THC in his bloodstream. 

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