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December 2016 Archives

Cruise ship may have premises liability for slip and fall

Cruise lines are liable for negligent maintenance that leads to injuries to guests. Generally, the claim against a cruise ship for damages from a slip-and-fall accident will follow the same principles and procedures of a premises liability claim that occurs on land. This means that where a passenger slips and falls on a sticky but hard-to-perceive surface in the ship, she may collect damages if she prevails, just like in any similar tort case that occurs on land, including here in New Hampshire.

Car accidents caused by drunk drivers raise increased emotions

Generally, when a drunk driver causes an accident in New Hampshire that results in the death of a passenger, some form of criminal manslaughter charge will be lodged. The statutes come by different names in different states, but a conviction generally carries a substantial jail sentence. Such car accidents come with a lot of emotion, possible incriminations and other twists depending on the kind of relationship between the driver and his or her passenger.

Drug charges after auto stop raises constitutional issues

Defense counsel in New Hampshire and elsewhere will pay special attention to the circumstances of a traffic stop that leads to a drug arrest. There are several constitutional principles that come into play in that situation, and it is not usually crystal clear whether a violation by the police was committed. Such a constitutional violation, however, could lead to the suppression of seized contraband and ultimately to the dismissal of the drug charges.

Police search location, arrest 1 male on drug charges

When police execute a search warrant for suspicion of drugs in New Hampshire, there is a pre-search procedure that is used. There will be an affidavit of probable cause, usually signed by the investigating officer. These few initial papers may tell defense counsel a lot of information about the strength or weakness of the drug charges put forth by the government.

Police now administer Narcan in some drunk driving stops

Narcan is the brand name for Naloxone, which is an opioid antagonist that is used widely today to head off the effects of an opioid overdose. Police in New Hampshire and other states are using Narcan to revive persons suspected of having overdosed on narcotics. The authorities are now carrying Narcan on the road and using it to revive to unresponsive persons who are suspected of drunk driving, specifically driving under the influence of drugs.

Facts of robbery do not leave much room for criminal defense

The crime of robbery in New Hampshire and other jurisdictions is the taking away of property of another by using force or threats against the victim. It is a theft with the use of a weapon or other means of communicating threats or a show of force to intimidate the victim. The element of placing the victim in fear of imminent bodily harm is central to the idea of robbery under the law and the lack of that element could provide a viable criminal defense to the charges.

What types of compensation can I claim?

Anybody who has suffered a personal injury knows that it is not just painful and inconvenient. It is often expensive, and the bills continue to pile up as you recover from the incident. This is one of the biggest reasons to seek recourse after being hurt, but there are limits to the kind of compensation you may seek. These are the five categories of compensation that victims are typically eligible to receive.

Workers' compensation claims may benefit from new OSHA rules

Dec. 1 marks the beginning of the enforcement of a new Occupational Safety and Health Administration policy for employer-mandated drug testing of employees. These will apply to many employers in New Hampshire. Other rules go into effect at that time, including anti-retaliation and anti-discrimination rules. The impact, if any, of the new rules on the employee's right to collect workers' compensation benefits will be revealed by future experience with the rules. 

Drug charges follow man after chase with the Laconia police

When a police officer stops a vehicle for a traffic violation, there may be other consequences. In some cases, additional suspicions may lead to a search and ultimately drug charges, along with other alleged violations. In one recent New Hampshire case, a Laconia police officer was allegedly trying to arrest a 26-year-old man on an outstanding warrant after a traffic stop.

Tips on how to avoid distraction while driving

Considerable media attention is often devoted to the dangers of texting and driving. But while raising awareness is definitely important, texting behind the wheel is not the only type of distracted driving behavior that is worthy of publicity. On the contrary, any type of behavior or action that takes your complete cognitive, visual or manual attention away from the immediate task at hand is considered "distracted driving," and any of these behaviors can lead to a serious accident and associated injuries or fatalities. While there is only so much you can do to avoid other distracted drivers, there are steps you can take to ensure that you, personally, are not contributing to the problem. Before you get behind the wheel, consider taking the following actions to reduce your chances of becoming a victim.

Criminal defense: Woman facing serious felony charges

A New Hampshire woman was recently arrested after her alleged plans to have her ex-boyfriend's girlfriend kidnapped, raped and murdered were reported to police. She is now facing some serious felony charges. An experienced criminal defense attorney will be able to help the accused navigate the criminal court system as she fights for the best possible outcome.

Drunk driving results in injuries, death of New Hampshire man

A recent fatal car accident in New Hampshire injured several people and claimed the life of a man. Hanover police believe the crash was a result of drunk driving. The driver of the vehicle flipped his pickup on Wolfeboro Road in Hanover on the evening of Friday, Nov. 2.

Car accidents involving pedestrians during the holidays

As the holidays approach, there are many reasons to be out and about in New Hampshire. Some people go shopping, and others perform works of charity. Some are celebrating at parties, and others may simply like to walk in the cool, crisp weather. However, the approach of the holidays may also increase the likelihood of being involved in car accidents.

Man faces felonies after being accused of burglary

Whether one already has a criminal record or has been arrested for the first time, facing burglary charges can be frightening and upsetting. Felonies in New Hampshire, if they result in convictions, carry heavy penalties and lifelong consequences. Having a burglary conviction in one's past may eliminate many opportunities for employment, education and personal circumstances. One man may be in need of criminal defense following a burglary of which he is accused.

Drunk driving arrest can be traumatizing experience

As the holidays approach, more and more holiday celebrations will take place. Some New Hampshire businesses will host holiday parties in addition to those organized by friends and family. Many of these celebrations will feature a variety of food and alcoholic beverages for the guests to sample. In the midst of visiting with co-workers, friends and family, it becomes easy for one to misjudge the situation and to eat or drink too much. When this happens, the unsuspecting celebrant may decide that it is still okay to drive and could end up facing drunk driving charges.

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