Howie Law Office, PLLC

Howie Law Office, PLLC Attorney Salem New Hampshire | Howie Law Office, PLLC 2026-10-01T19:16:14Z https://www.howielegal.com/feed/atom/ WordPress On Behalf of Howie Law Office, PLLC <![CDATA[Should you take a plea deal for a DWI in New Hampshire?]]> https://www.howielegal.com/?p=48530 2026-10-01T19:16:14Z 2026-10-01T19:16:14Z

You’re facing a DWI charge in New Hampshire, and the prosecutor offers a plea deal that would reduce the charge or the penalties you could face after a conviction. Should you choose the more predictable outcome of a plea bargain or continue fighting the DWI charge in court? The answer depends on the particulars of your case. A plea deal may offer a more favorable resolution of your case, but accepting it without careful consideration can leave you dealing with consequences you did not anticipate.

What are the terms of the deal?

A reduced charge may sound favorable, but there is more to consider before deciding whether the plea deal is right for you. What charge would you plead to? What penalties would apply? Would you still face a license revocation, fines, education requirements or other conditions? Knowing exactly what you are agreeing to is important because it allows you to assess whether the proposed resolution is fair in light of your circumstances and whether the terms could lead to unintended outcomes. You’ll also be better placed to negotiate if the proposed terms don’t work for you.

How strong is the case against you?

The strength of the prosecution’s case is something you should consider when contemplating a plea deal. If significant legal issues exist in the prosecution’s evidence, accepting a plea without first evaluating the strength of the case against you could mean giving up an opportunity to challenge the DWI charge in court. It’s also worth noting that the conviction resulting from the plea deal can become part of your criminal record and may affect how a future DWI charge is treated. As such, reaching out for professional legal guidance before accepting a plea bargain can help you assess the offer, understand its potential consequences and determine what’s in your best interest. ]]> On Behalf of Howie Law Office, PLLC <![CDATA[Is a will enough? 3 estate planning considerations]]> https://www.howielegal.com/?p=48527 2026-09-22T07:54:01Z 2026-09-22T07:54:01Z

Signing a will can create a satisfying sense of having checked an important box. But an estate plan does not necessarily stop at the document that names beneficiaries after death. Other legal and financial arrangements may determine who can manage assets during incapacity, who receives certain accounts and how property passes to loved ones. For New Hampshire residents, these three situations may signal that a will alone does not cover the full picture.

1. You could become unable to manage your affairs

A will generally addresses what happens after death. It does not give someone authority to manage finances or property if the person becomes incapacitated during life. A New Hampshire durable power of attorney can name an agent to act on another person's behalf. Under state law, a power of attorney is generally durable unless the document says that incapacity terminates it. The document can also grant specific powers, including certain authority involving trusts, gifts, beneficiary designations and rights of survivorship.

2. Some assets have their own beneficiary designations

A will does not necessarily control every asset after death. Life insurance policies, retirement plans, annuities and accounts with payable-on-death designations can use beneficiary designations to determine who receives those assets. That makes it important to review beneficiary information alongside a will. A major life event, such as marriage, divorce or the birth of a child, may create a reason to revisit those designations.

3. Your estate needs more detailed planning

Some families may benefit from a trust that provides instructions for managing and distributing property. New Hampshire's Trust Code sets requirements for creating a trust and governs matters such as trustee duties and beneficiary interests. New Hampshire also allows qualifying real estate owners to use a transfer-on-death deed, which can provide another way to plan for the transfer of real property.

Look beyond the will

The strongest estate plan is not necessarily the one with the most documents. It is the one in which the documents, accounts and property arrangements reflect the same intentions. A will may establish an important foundation, while other tools address circumstances the will cannot. An estate planning attorney can review the full picture and explain which options may fit a person's circumstances under New Hampshire law.]]> On Behalf of Howie Law Office, PLLC <![CDATA[Drivers often struggle to judge their own impairment]]> https://www.howielegal.com/?p=48525 2026-09-19T13:33:12Z 2026-09-19T13:33:12Z

Many people who are feeling slightly impaired by alcohol may decide that it is still safe for them to drive. An example could be someone who spends the evening watching a football game at a sports bar with their friends. When they get out to the parking lot, they decide that they do not feel that impaired, and they are going to drive home. In some cases, these drivers find themselves under arrest. They are very surprised to discover just how high their blood alcohol concentration (BAC) really is. They never believed they were that impaired or that they would face legal charges. Why does this happen?

BAC is different for everyone

For one thing, you cannot really guess what your BAC is going to be, even if you know how many drinks you have had. Different people will process alcohol a bit differently. The impact of that alcohol can also be affected by factors like body weight, age or sex. A 100-pound woman who has three drinks may have a much higher BAC than a 200-pound man who has the exact same drinks, for example. Additionally, alcohol itself impairs a person’s judgment. It lowers their inhibitions and makes them more likely to take risks. As such, someone who has been drinking may be unable to accurately determine just how impaired they feel. They may also feel emboldened to err on the side of believing that they are sober enough to drive. Looking back the next day, when they are actually sober, they may realize that they were far too intoxicated to get behind the wheel. These types of mistakes in judgment can lead to serious criminal charges, so it is important for those who have been arrested to know what defense options they have.]]> On Behalf of Howie Law Office, PLLC <![CDATA[What happens to debt during a divorce?]]> https://www.howielegal.com/?p=48524 2026-09-03T14:12:08Z 2026-09-03T14:12:08Z

When couples go through a divorce, one of their first steps is often to divide up their marital assets. If they jointly own these assets, they have to go through property division. Common examples include savings, investments, real estate, vehicles and home furnishings. But what happens to the debt that this couple holds at the time of their divorce? In many cases, debt is handled the same way as joint assets. If couples have shared debt, that obligation is part of their marital relationship and is owned jointly. It will need to be divided during the divorce.

2 potential examples

One example is simply credit card debt. Many couples have joint credit card accounts. They both have their own physical card, but all purchases made on either card are applied to the same account. Another example could be a home mortgage. Many couples apply for a mortgage together, which can make it easier for them to receive the loan that they need. If the house is not paid off at the time of the divorce, this obligation still remains and applies to both people. In some cases, couples will simply pay off credit card debt, close the account and open a new card in their own name. In the case of a home mortgage, the couple may decide that the easiest tactic is to sell the house and use the proceeds to pay off the remaining balance of the loan. Every case is unique, however, and it is important for couples to understand that both debts and assets can be owned jointly. While navigating the complexities of property division, they must know what legal steps to take. ]]> On Behalf of Howie Law Office, PLLC <![CDATA[How often should you update your estate plan?]]> https://www.howielegal.com/?p=48523 2026-08-20T18:44:05Z 2026-08-20T18:44:05Z

Outdated estate plans can cause problems You have experienced major life events and you will probably have many more. Some of those changes are significant enough to warrant a review of your estate plan. Marriage or divorce can affect who you want to inherit your property and whom you trust to make decisions for you. If you’ve remarried, you may need to consider how you will provide for your spouse and children from a previous relationship. The birth or adoption of a child or grandchild is another reason to review your plan. You may want to update your beneficiary designations or name a legal guardian for a minor child. Changes are also happening to the people around you, which can affect your choices for important roles. The person you originally named as executor, trustee or power of attorney may no longer be the right choice because of age, health or distance.

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=48519 2026-07-24T18:32:10Z 2026-07-24T18:32:10Z

Mapping 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=48517 2026-07-23T13:13:01Z 2026-07-22T16:52:37Z

Shared 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=48516 2026-07-22T11:58:30Z 2026-07-22T11:58:06Z

Many 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=48514 2026-06-19T15:47:46Z 2026-06-19T14:00:07Z

How 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.]]>