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Salem Criminal Defense And Legal Blog

DWI stop: What is reasonable suspicion?

A driver's license is a privilege, but as a motorist you also have a certain set of rights. For instance, police need a reason to pull you over.

Every traffic stop, including stops for drunk driving, must begin with reasonable suspicion. Police officers must think that a law is being violated before they can make the stop. The basis for reasonable suspicion varies widely - from traffic violations to a malfunctioning tail light - but it is always important to know your rights.

Off-Duty police officer kills young woman in DWI crash

Earlier this month, tragedy struck the small town of Londonberry, New Hampshire. An off-duty police officer, who joined the force in 2016, now faces aggravated DWI charges after striking a vehicle in a head-on collision. The young woman driving the vehicle that was struck was only 21 years old.

Local authorities are investigating the off-duty police officer's impairment due to a high consumption of alcohol. Apparently, his vehicle coasted into oncoming traffic, striking and killing the female driver Friday night. He was taken to a nearby hospital due to sustained injuries.

Your child’s other parent must respect your parenting time

In almost every case, divorce is difficult for couples with children. While spouses who choose to divorce before they have children may essentially leave each other's lives for good, parents must find a way to end their marriage but hold their family together, and this can prove one of the most difficult experiences of a lifetime.

In an ideal world, both parents approach their responsibility to raise their child with patience and civility, respecting each other's rights as parents and focusing on the needs of their child above their own preferences. However, this is rarely how the experience plays out, especially in the first few years of learning to share parenting time.

Using trusts to boost financial stability of adult children

When you are creating an estate plan, you might think that you can breathe a sigh of relief when your children become adults. Many parents assume that if they leave assets to an adult child that they will be able to handle the responsibility that comes with it. While this might be true in some cases, it isn't in every case.

There are times when you might have to think hard about what you are going to do to pass the assets to them. Fortunately, you have an option that can help you handle the transition of assets from your estate to your adult children.

Choosing between revocable living trusts and wills

If you are planning your estate in New Hampshire, you will want to make sure that your estate is planned in a way that minimizes complications for your beneficiaries. Due to this desire, there has been an upward trend in recent years, whereby revocable trusts are becoming more popular.

This increase of popularity in regard to trusts has occurred for many reasons, but one of the biggest is due to the fact that trusts are able to avoid probate. If you are confused about the options you have in planning your estate in New Hampshire, it is important that you take the time to do adequate research. Making a comparison between wills and revocable living trusts is a good place to start.

Important considerations for your child's health care

While many parents focus on a parenting time schedule, there are other aspects of child custody that have to be considered, such as medical care. Even if your children are healthy, they are likely going to get sick. They will also need regular preventative care. Making plans now can help you know what to do going forward.

There are many aspects of health care that you need to think about. These are common for all children, but you may have to add more to the list if you have a child who has special medical needs or is medically complex.

Alcohol has a cumulative impact on the human body

As we all know, driving after consuming alcohol is dangerous. There are many impacts that alcoholic beverages can have on your cognitive and motor abilities. These effects increase more with each drink. The hazards don't affect only the drunk driver. They put others on the road at risk, which is why all states have strict laws against impaired driving.

When you are pulled over for the suspicion of drunk driving, the officers will attempt to determine your blood alcohol concentration. In New Hampshire, the legal limit is .08 percent. Anyone at or above this limit will face criminal charges. Here are some ways that BAC can impact your abilities:

  • BAC of .020 to .039 percent: Feelings of slight euphoria and relaxation; less shy
  • BAC of .040 to .059 percent: Slight judgment and memory impairment; decline in cautious behavior; lowered inhibitions
  • BAC of .06 to .099 percent: Judgment and self-control decline more; some impairment of vision, reaction time, balance and hearing; decline in memory and reasoning
  • BAC of .100 to .129 percent: Impairment of peripheral vision, hearing, reaction time and vision; loss of good judgment; motor coordination significantly declines
  • BAC of .130 to .159 percent: Lack of physical control; blurry vision; reduced euphoria; loss of balance; severe motor impairment
  • BAC of .160 to .199 percent: Appearance of being a "sloppy drunk"; feeling very unwell; nausea
  • BAC of .200 to .249 percent: Possible blackouts; needs help walking; complete mental confusion; vomiting and nausea
  • BAC of .250 to .399 percent: Loss of consciousness; alcohol poisoning
  • BAC of .400 percent and higher: Possible death; coma

What is an ignition interlock and why are they necessary?

People in New Hampshire facing a drunk driving charge may be ordered to use an ignition interlock device on their vehicles. If you are ordered to have this installed, you have to use an approved vendor. As of 2018, there are two for the entire state.

An ignition interlock device is ordered in an effort to stop future instances of drunk driving for a person who has been convicted. When the court orders this, there will be a specific amount of time that you will need to keep it on your vehicle.

Considering a divorce in New Hampshire?

Before you file for a divorce, it is important that you know what you are getting yourself into. Divorce is not simply the act of permanently separating from your spouse. It also is the process of dividing assets and preparing each former spouse for a financially independent life. It may also include helping the divorcing spouses to prepare to become successful coparents of their children.

Many financial decisions are made in a divorce filing, and it is vital that you understand what implications this might have on your life for years to come. It is a good idea to understand the state-specific laws in place in New Hampshire, since divorce processes can vary significantly from state to state.

Put your foot down if your co-parent is harassing you

Being a divorced parent is never easy, even in the best of situations. When you and your ex can't get along, it can make things much worse. Sometimes, harassment is part of a co-parenting relationship. There is never a good reason for this so taking swift action is necessary when it does occur.

Handling a harassment situation when you have to parent with the harasser isn't going to be easy. You need to think of what is best for your children and yourself when you are trying to come up with a plan.

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