Designed specifically for lawyers who defend and prosecute drunk driving cases in New Hampshire, this manual is a first for the Granite State. Editor Mark Stevens of Salem, NH has assembled a winning cadre of DWI experts to join him in developing this must-have resource, which offers practical, seasoned guidance backed by case law and statutory authorities. Featured are sample letters to police departments and the Bureau of Hearings, model motions and other pleadings, checklists, current and pertinent statutory law, and other key resources that give you the edge in your courtroom work and pretrial work. This book is unique in that it brings together some of New Hampshire's most knowledgeable DWI defense counsel with prosecutors and police department lawyers. A Practical Guide to Trying DWI Cases in New Hampshire is your most trusted source for prosecuting or defending a DWI in the Granite State.Case authority, statutory law, and local wisdom on how to win at trial in Granite State courts
Table of Contents
Chapter 01 - Initial Defense Trial PreparationMark L. Stevens, Esq.,
Law Office of Mark L. Stevens
Exhibit 1A - Initial Discovery Letter Under Dist. Ct. R. 2.10 - The “2.10 Letter”
Exhibit 1B - Motion to Compel Discovery
Exhibit 1C - Motion to Preserve Evidence
Exhibit 1D - DWI Detection and Standardized Field Sobriety Testing Student Materials
Exhibit 1E - Demand for Attendance of Breath Test Operator
Exhibit 1F - Demand for Attendance of Certifying Scientist et al.
Exhibit 1G - Notice of Appearance
Exhibit 1H - Waiver of Arraignment
Exhibit 1I - Demand for Formal Proof of Public Way
Exhibit 1J - Defendant’s Objection to Admissibility of Certificate of Analysis Pursuant to N.H. Rev. Stat. Ann. § 318-B:26-a
Exhibit 1K - Request for Administrative License Suspension Hearing
Chapter 02 - Pretrial Motions
Theodore M. Lothstein, Esq.,
Lothstein Guerriero PLLC
Exhibit 2A - Motion to Suppress - Unlawful Stop
Chapter 03 - Breath Test Issues
Leonard D. Harden, Esq.,
Law Office of Leonard D. Harden
Checklist 3.1 - Checklist of Ideas for Discovery Requests
Exhibit 3A - Graphic Representation of the Compounds That Comprise Alcohol
Exhibit 3B - Graphic Representation Showing Molecular Bonds Whose Energy Is Measured by Breath Testing Devices
Exhibit 3C - 2007 Photograph of the Intoxilyzer 5000®
Exhibit 3D - Rejection of Intoxilyzer 8000 by State of Tennessee
Exhibit 3E - 2007 Photograph of the Intoxilyzer 5000EN®
Exhibit 3F - Diagram from Georgia 2022 Intoxilzyer 9000 Operator’s Transition Training Manual
Exhibit 3G - Sample Histogram from the Georgia 2014 Intoxilyzer 9000 Operator’s Transition Training Manual
Exhibit 3H - Intoxilyzer 9000 Exception Messages Guide
Chapter 04 - Blood Test Issues
Eric R. Wilson, Esq.,
Wilson, Bush,and Keefe
Exhibit 4A - Relevant Portions of New Hampshire Department of Safety Administrative Rules Governing Blood Testing
Chapter 05 - The Prosecutor’s Case in Chief
Robert B. Gainor, Esq.,
Kalie L. Lydon, Esq.,
Law Offices of Lydon & Richards, PC
Checklist 5.1 - Checklist of Elements/Areas of Testimony
Exhibit 5A - Sample Complaints
Exhibit 5B - Field Sobriety Tests/Areas of Testimony
Exhibit 5C - HGN/Areas of Testimony
Exhibit 5D - DSMV 436 Form
Exhibit 5E - Intoxilyzer Operator/Areas of Testimony
Exhibit 5F - Habitual Offender Classifications
Chapter 06 - The Defendant’s Case
Mark L. Stevens, Esq.,
Law Office of Mark L. Stevens
Exhibit 6A - Illustrative Direct Examination of Sobriety Witness
Exhibit 6B - Illustrative Direct Examination of the Defendant - Case with No Other Defense Witnesses
Exhibit 6C - Illustrative Direct Examination of Defense Expert
Chapter 07 - The State’s Challenge to the Defendant’s Case
Christopher B. Casko, Esq.,
New Hampshire Department of Safety
Exhibit 7A - Sample Discovery Response Letter That Incorporates Request for Discovery
Exhibit 7B - Sample Reciprocal Discovery Motion
Exhibit 7C - Sample Motion in Limine Regarding Admissibility of Conviction of Witness Under N.H. R. Evid. 609
Chapter 08 - Collateral Consequences of DWI Arrest and Conviction
Philip Kalil, Esq.,
Germaine & Blaszka, P.A.
Exhibit 8A - Offenses Used to Calculate Habitual Offender Certification
Exhibit 8B - Selected Department of Safety Rules Regarding the Assessment of Demerit Points
Exhibit 8C - Driver Disqualification Penalties - 49 C.F.R. § 383.51
Chapter 09 - Administrative License Suspension and Hearings
Robert B. Ellard, Esq.,
Checklist 9.1 - Checklist of Exhibits Required for Test Over Hearings
Exhibit 9A - Sample Notification Letter to Federal Aviation Administration (FAA)
Exhibit 9B - Table of Commonly Cited Supreme Court Cases
Exhibit 9C - DSMV 426 Form
Exhibit 9D - Sample ALS Request Letter (Test Over)
Exhibit 9E - Sample ALS Request Letter (Refusal)
Exhibit 9F - What Must Be Proved at an ALS Hearing
Exhibit 9G - The Best Issues for Inquiry by the Defense
Exhibit 9H - Compendium of Superior Court Decisions on Appeal - N.H. Department of Safety, Bureau of Hearings
Chapter 10 - Appeals and Postconviction Relief
Theodore M. Lothstein, Esq.,
Lothstein Guerriero PLLC
Authors
Editor(s)Mark L. Stevens, Esq.,
Law Office of Mark L. Stevens, Salem
Author(s)
Christopher B. Casko, Esq.,
New Hampshire Department of Safety, Concord
Robert B. Ellard, Esq.,
Robert B. Gainor, Esq.,
Leonard D. Harden, Esq.,
Law Office of Leonard D. Harden, Lancaster
Philip Kalil, Esq.,
Germaine & Blaszka, P.A., Derry
Theodore M. Lothstein, Esq.,
Lothstein Guerriero PLLC, Concord
Kalie L. Lydon, Esq.,
Law Offices of Lydon & Richards, PC, Nashua
Mark L. Stevens, Esq.,
Law Office of Mark L. Stevens, Salem
Eric R. Wilson, Esq.,
Wilson, Bush,and Keefe, Nashua
