Howie Law Office, PLLCAttorney Salem New Hampshire | Howie Law Office, PLLC2026-08-14T01:32:17Zhttps://www.howielegal.com/feed/atom/WordPressOn Behalf of Howie Law Office, PLLC<![CDATA[What happens when a DWI arrest is based on a bad traffic stop?]]>https://www.howielegal.com/?p=485222026-08-14T01:32:17Z2026-08-14T01:32:17ZA traffic stop can happen quickly. One moment, a driver is heading home; the next, flashing lights in the rearview mirror change everything.
For someone facing a DWI charge, the circumstances leading up to a traffic stop can matter just as much as what happens afterward. The legality of the initial stop may become an important part of the defense.
Why the initial traffic stop matters
Generally, police cannot stop a vehicle simply because an officer wants to investigate the driver without a lawful basis. A traffic stop typically requires reasonable suspicion that a traffic violation or other offense has occurred. If the officer did not have a valid reason for the stop, the legality of everything that followed may become an important issue in the defense.For example, an officer may claim that a driver was speeding, failed to signal or crossed a lane line before initiating a stop. If the available evidence does not support that explanation, there may be questions about whether the stop was justified. Dashcam footage, body camera recordings and other evidence can sometimes help to clarify what actually happened.A problem with the initial stop does not automatically mean that DUI charges will be dismissed. However, if a court determines that evidence was obtained through an unlawful stop, certain evidence gathered afterward may potentially be challenged. This could include observations made during the stop, statements by the driver or results from certain tests, depending on the circumstances.When a DUI arrest begins with a questionable traffic stop, it can be important to examine the entire sequence of events to understand the proper defense. For anyone facing charges, having the circumstances reviewed carefully by a qualified legal professional can help them understand their options. ]]>On Behalf of Howie Law Office, PLLC<![CDATA[Facing drug charges? The ‘where’ matters as much as the ‘what’]]>https://www.howielegal.com/?p=485192026-07-24T18:32:10Z2026-07-24T18:32:10ZMapping out protected perimeters
Under state and federal drug laws, certain areas are designated as protected zones to ensure the safety of specific populations. Depending on the jurisdiction, these areas could include:
Public and private elementary or secondary schools
Licensed childcare centers or daycare facilities
Public playgrounds or youth centers
Community centers and vocational institutions
While exact measurements vary by state, in New Hampshire, protection typically extends 1,000 feet from the property line of schools. These boundaries may apply regardless of whether children are present or if the building is currently in session.
The reality of mandatory sentencing
When an alleged offense involving illegal substances occurs within one of these zones, the legal stakes shift significantly. Courts may impose enhanced penalties or a mandatory minimum sentence. In New Hampshire, a person could face double the fines or jail time they otherwise would if they were outside these zones.
These rules are designed to create a buffer around vulnerable areas, but they also significantly limit a person’s options during a legal proceeding. This often means that even for a first-time situation, the penalties can be far more severe than they would be just a few blocks away.
Precision in the legal process
Verification is a key part of handling cases that involve these geographic markers. The state must prove that the location meets the strict legal definition of a protected zone and that the distance was measured accurately. Defense attorneys may contest location as part of a strategy to seek reduced or dropped charges.
Drug charges are serious and can take a tremendous toll on a person's future and freedom. However, parties have the right to work with an attorney to defend against these charges. Part of this defense can entail dismantling evidence supporting enhanced penalties to reduce jail time or fines. Location of an alleged offense is one factor that warrants precision and legal scrutiny.]]>On Behalf of Howie Law Office, PLLC<![CDATA[How does shared custody affect child support?]]>https://www.howielegal.com/?p=485172026-07-23T13:13:01Z2026-07-22T16:52:37ZShared custody thresholds
Recent updates to New Hampshire law recognize different shared parenting arrangements when calculating child support. The courts now balance schedules and income so the child doesn’t experience a drastic drop in living standards between both households. If you are going through a divorce or modification, the amount of time each parent spends with the child shifts the final outcome. New Hampshire measures parenting time as follows:
Substantially shared schedule: The child spends more than 35% of the time with each parent (roughly 128 to145 overnights)
Approximately equal schedule: The child spends more than 40% of the time with each parent (roughly 146 or more overnights)
If you have a substantially shared parenting schedule, the court might deviate from standard guidelines. If the parents have equal time and considerably similar incomes, the court might assume no child support should be ordered.
What to do next?
Shared custody now offers a direct legal path to adjusting child support. If your current court order is drafted under old rules or if you want to know more about the legal complexities of the matter, consulting with an experienced attorney could help you evaluate your options and determine whether your existing parenting plan or support order should be updated under the new rules.]]>On Behalf of Howie Law Office, PLLC<![CDATA[Can prescription medications lead to a New Hampshire DWI charge?]]>https://www.howielegal.com/?p=485162026-07-22T11:58:30Z2026-07-22T11:58:06ZMany people know that drinking alcohol before driving can lead to a driving while intoxicated (DWI) charge. What many people don't realize is that some prescription medications can also impair a person's ability to drive safely. Even if you take a prescription as prescribed by a doctor, it may still make you sleepy, slow down your reaction time or affect your judgment. Knowing how certain drugs can affect driving can help you make safer decisions.
It also helps to understand how New Hampshire law treats these situations.
Prescription drugs can affect your driving
Some medications change how your brain and body respond. They may make you feel sleepy, dizzy or less alert. Others can blur your vision or affect your coordination.Common examples include:
Certain pain medications
Sleep aids
Anti-anxiety medications
Some seizure medications
People react to medications differently. Pay attention to warning labels and follow your doctor's instructions.These effects matter once you get behind the wheel.
New Hampshire law covers more than alcohol
Many people think DWI laws apply only to alcohol. Under New Hampshire Revised Statutes Annotated Section 265-A:2, a person may face a DWI charge if they drive while under the influence of alcohol, a controlled drug, a prescription drug or another chemical substance that hinders the ability to drive safely.During a traffic stop, an officer may consider driving behavior, physical signs of being affected, field sobriety tests and other evidence. A valid prescription does not prevent a DWI charge if the medication affects safe driving.These factors help explain how officers evaluate suspected effects.
Taking medication as directed does not remove the risk
Having a valid prescription does not always protect someone from a DWI allegation. The key question is whether the medication compromised the person's ability to operate a vehicle safely.New Hampshire's implied consent law, New Hampshire Revised Statutes Annotated Section 265-A:4, also applies in suspected impaired driving cases. Drivers who are arrested for suspected impaired driving face administrative license suspensions and other consequences if they refuse to submit to post-arrest chemical testing.
Read medication warnings before you drive
Many prescription medications improve people's health, but some can affect driving in ways that are easy to miss. Before driving, read the medication label, follow your health care provider's instructions and avoid driving if you feel unusually tired, dizzy or unable to focus.If you are unsure how these laws affect your specific circumstances, you may consider discussing your situation with a knowledgeable legal professional. Addressing these matters promptly can provide you with peace of mind as you move forward.]]>On Behalf of Howie Law Office, PLLC<![CDATA[Can you drive while your New Hampshire DWI case is still pending?]]>https://www.howielegal.com/?p=485142026-06-19T15:47:46Z2026-06-19T14:00:07ZHow the temporary license period works
The officer or Division of Motor Vehicles (DMV) may issue an administrative license suspension (ALS) notice if you refuse testing or have a breath or blood test result of 0.08 or higher, with a lower 0.02 limit for drivers under 21. If your New Hampshire license is valid, you may receive a permit that lets you drive during the 30-day notice period.
Why the hearing deadline matters
To challenge the DMV action, you may use the DMV’s form to request an ALS hearing. The state generally must receive the request within 30 days of the date you received the notice. Filing does not automatically pause suspension, so do not assume a hearing request alone keeps your license valid.
The length of your suspension depends on your record and what happened during the stop. For a first test refusal, the administrative suspension is exactly 180 days. A first test failure carries a statutory administrative suspension of six months. Longer suspensions may apply if you have a prior refusal, DWI conviction or administrative suspension.
How a DWI conviction can affect your license
Even if you avoid or finish the DMV process, a DWI conviction can still affect your right to drive. The court may also require education, insurance steps or an ignition interlock device (IID), which tests your breath before the car starts.
In New Hampshire, you cannot get a limited or “Cinderella” license while only the administrative suspension is in effect. If you are later convicted of a first DWI, you generally must wait at least 45 days, install an IID if required and ask the court for permission before driving for limited reasons.
Know your status before driving
Before getting behind the wheel after an arrest, check the dates on your notice, save every document and confirm your status with the DMV. A pending DWI case is stressful enough without the legal complications of driving with a suspended license. Tracking each deadline can help you protect your daily routine while the case continues.]]>On Behalf of Howie Law Office, PLLC<![CDATA[Can a DWI affect scholarships or college financial aid?]]>https://www.howielegal.com/?p=485112026-06-15T15:11:40Z2026-06-15T15:11:40ZWhat can be expected legally?
Even college students are not exempt from the severe DWI penalties in New Hampshire. For college students, a first-offense DWI might result in fines, a license revocation period and other penalties depending on the circumstances of the offense. A DWI charge could have more severe impacts on a minor’s driving privileges, insurance rates and record.
Merit and institutional awards: Some colleges or universities might review scholarship eligibility after a criminal conviction, depending on their policies.
Private scholarships: Organizations, foundations and private donors who fund scholarships could revoke scholarships if the recipient is convicted of a crime like DWI.
Athletic scholarships: A DWI doesn’t automatically jeopardize NCAA(National Collegiate Athletic Association) eligibility. However, it could lead to disciplinary action, suspension or possible scholarship consequences depending on college policies and circumstances of offense.
Colleges could even impose disciplinary actions such as suspension or expulsion, based on the seriousness of the charge. A criminal record would also make it difficult to secure professional licenses, internships and security clearances in the future.
Protecting your educational future
A DWI is not a charge to be taken lightly, particularly for a college student who is preparing to enter the professional workforce. If you are charged with a DWI, it is a legal crisis that needs immediate defense. Acting quickly and seeking the guidance of a qualified legal professional promptly could help you make better decisions and protect your rights.]]>On Behalf of Howie Law Office, PLLC<![CDATA[4 ways how SLATs can protect your estate from heavy tax burdens]]>https://www.howielegal.com/?p=485062026-06-04T18:15:58Z2026-06-04T18:15:58ZEstate planning is not just about deciding who gets what when you pass away. With the right tools, you can also safeguard your family's wealth against substantial tax liabilities long before that day comes.
As a New Hampshire head of household, you have powerful options available to you. One of the most effective is a trust structure known as the spousal lifetime access trust, commonly referred to as a SLAT.
What is a spousal lifetime access trust?
A spousal lifetime access trust is a permanent, legally binding trust that one married partner sets up to provide financial protection to the other. The spouse who funds the trust transfers assets into it, which legally excludes those assets from their taxable estate. In fact, setting one up correctly as part of a well-rounded estate plan can make a meaningful difference in how much wealth you ultimately pass on to your family.
Four ways a SLAT reduces your estate’s tax burden
Now that you understand what a SLAT is, it helps to see exactly how it works in your favor. Once you establish a SLAT, it can mitigate your estate's tax burden in four meaningful ways, such as:
Removes assets from your taxable estate: When you transfer assets into the trust, they legally leave your estate and no longer count toward your estate tax liability at death.
Shields future growth: Any appreciation of the trust's assets escapes estate taxes, so the more your investments grow, the more your family benefits.
Provides a double estate exclusion: The trust assets remain outside both spouses' taxable estates, shielding them from taxes regardless of who passes away last.
Shifts income tax responsibilities: SLATs typically function as grantor trusts, meaning you pay the income taxes on trust earnings, which allows the trust to grow tax-free while further reducing your taxable estate.
Together, these four advantages make SLATs a compelling instrument for long-term tax savings. Thus, understanding how these benefits work is the first step toward building a stronger financial future for your family.
Preserve your wealth for the people who matter most
Your family's financial future deserves thoughtful and strategic planning. SLATs are just one of many instruments that, when you use them correctly, can help you preserve more of what you have diligently built. This is why dedicating time to understand your estate planning options today can make a lasting impact for the generations that follow.]]>On Behalf of Howie Law Office, PLLC<![CDATA[Can you leave funeral wishes in your estate plan?]]>https://www.howielegal.com/?p=485042026-05-29T09:57:25Z2026-05-29T09:57:25ZNaming someone to handle your arrangements
Under New Hampshire law, you can name someone to have custody and control of your remains after death using a written document. However, you and either two witnesses or a notary public must sign the document for it to be legally valid. The chosen agent may work with the funeral home and carry out the final arrangements.
Without a named agent, that authority generally passes to the next of kin. That arrangement may be enough for some households, but problems may arise when relatives disagree, live far away or do not know your preferences.
Putting your wishes in writing
An estate plan may include directions for burial, cremation or memorial preferences. Be careful about leaving these wishes only in your will. A will may not be located or reviewed until after the funeral has already happened. A separate appointment form, stored where the chosen agent can find it quickly, is often more useful when loved ones must act right away.
These instructions may cover details such as:
Burial or cremation preference
A cemetery plot or final resting place
Religious, cultural or personal service preferences
Music, readings or other memorial details
Any prepaid arrangement details
New Hampshire law mandates that the person with custody and control must follow your valid written instructions, and they are legally bound to do so if the arrangements have been funded.
Helping your family avoid uncertainty
Funeral decisions often come during an emotional and stressful time. Clear planning gives loved ones a better path forward.
You should also tell your chosen person where to find the document. If your wishes are locked away, buried in a will or unknown to the person making decisions, they may not help when your family needs them most.
Taking this step makes those preferences clear and gives family members one less burden during a difficult time.]]>On Behalf of Howie Law Office, PLLC<![CDATA[Why your New Hampshire parenting plan dictates summer travel]]>https://www.howielegal.com/?p=485012026-05-26T22:04:04Z2026-05-26T22:04:04ZReviewing the terms of your court order
The first step is reading the specific travel provisions in your final custody documents. Many standard New Hampshire parenting plans include rules for out-of-state trips during school breaks. These orders require one parent to give the other parent advance written notice before leaving the state.
Your court order will likely outline three main conditions for travel:
Notice periods: How much advance warning you must give the other parent
Itinerary sharing: What travel details you need to provide, such as flight numbers and hotel addresses
Written consent: Whether you need the other parent's formal agreement before crossing state lines
Knowing these rules helps prevent conflict when the other parent challenges the trip.
Handling objections from a co-parent
A co-parent might push back against your travel plans even if you follow the notice rules. If your parenting plan explicitly allows the trip and you provided the required itinerary, the other parent cannot stop the vacation without a valid legal reason. They would need to file a motion and prove the trip harms the child.
However, if your current order says nothing about out-of-state travel, taking the child across state lines without the other parent's agreement risks violating the custody arrangement. Clarifying these rules well ahead of departure keeps a simple vacation from turning into a court dispute.
Securing your summer schedule early
Waiting until June to address out-of-state travel creates unnecessary stress for everyone involved. Parents should review their custody documents months before booking flights or paying for hotels. If the current court order lacks clear travel rules or a co-parent refuses to cooperate, consulting with a family law attorney can help clarify your options.
Updating your custody agreement well before summer starts gives families a clear set of expectations. A proactive approach protects your time with your child and keeps the focus on enjoying the break.]]>On Behalf of Howie Law Office, PLLC<![CDATA[Why underage DWI charges are different in New Hampshire]]>https://www.howielegal.com/?p=484992026-06-19T12:48:00Z2026-05-07T08:40:13ZHow the lower alcohol limit works
For drivers 21 and older, New Hampshire generally sets the alcohol concentration limit at 0.08. If you are younger than 21, that limit drops to 0.02 under RSA 265-A:2.
If you operated or attempted to operate a vehicle with an alcohol concentration of 0.02 or more, you may face a DWI charge. The law can also apply if alcohol, drugs or a combination of substances impaired your ability to drive.
What penalties could you face?
The penalties depend on the facts of your case, your record and whether any aggravating factors apply. These may include issues such as excessive speed, a crash, a very high alcohol concentration or other facts that make the charge more serious. For a first underage DWI conviction, possible consequences may include:
Completion of an approved impaired driver education program
Possible ignition interlock requirements
A conviction may also appear on background checks or affect insurance costs.
Why the license process matters
A DWI case can involve both the criminal court and an administrative license process. These are separate, which means your license may be at risk even while the court case is still pending.
If you receive an administrative license suspension notice, you generally have 30 days to request a Bureau of Hearings review or hearing. A late request may be denied as untimely, so it is important to read the notice carefully and track the deadline.
If you refuse a breath or blood test after an arrest, New Hampshire’s implied consent law can trigger an administrative license suspension. Keeping track of notices, deadlines and court requirements can help you avoid additional problems.
Taking the charge seriously
An underage DWI charge in New Hampshire carries serious, long-term consequences. To protect your future and navigate the complexities of the administrative and criminal systems, consider speaking with a legal professional who can explain your options.]]>