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February 2017 Archives

Car accidents can raise opposing issues on causation and fault

In New Hampshire and elsewhere, there is sometimes a variety of factors that may go into causing a vehicular accident. To determine whether there is liability for damages sustained in such car accidents, it is best to consult with an experienced personal injury attorney prior to attempting that daunting task on one's own. The attorney will be familiar with the various circumstances that factor into causation analysis, and will give an accident victim a professional conclusion regarding the available options.

Drunk driving punishment can get steep after repeated offenses

A man may face serious repercussions from the slew of charges he incurred in recent events on Interstate 93 in New Hampshire. The Peabody man was arrested for drunk driving and other charges after engaging in high speed chases described by the police. They allegedly saw him traveling at rates up to 100 mph in a snow-zone with a reduced rate of 45 mph.

Woman asleep in fast food drive-thru arrested for drunk driving

Driving while intoxicated is not funny and not a joking matter in New Hampshire. Sometimes the circumstances of an arrest for drunk driving are amusing due to the strange or bizarre events surrounding the arrest. That is the case of a 54-year-old woman who was allegedly driving drunk when she pulled into a McDonald's drive-thru. While waiting in line, the woman fell asleep, creating a traffic jam and bringing the police instead of the hamburgers she ordered.

Car accidents are best settled by experienced professionals

When a drunk driver crosses the yellow line and crashes into oncoming traffic, that driver is clearly negligent and liable for injuries caused by the accident pursuant to New Hampshire law. In some car accidents, two or more drivers are considered negligent and the degree of causation attributed to each driver will be determined. However, in the foregoing DWI scenario, those who were driving in their own lane and in the proper direction cannot be assigned any degree of negligence.

Felony drunk driving may be defended if causation is lacking

Driving while intoxicated is a significant criminal violation in New Hampshire. While a first offense without an accident or personal injury is a misdemeanor that will result in a less severe punishment, the penalties for drunk driving increase as the circumstances become more serious. Furthermore, there are more rigorous sentencing prescriptions for each subsequent violation that a person incurs.

Can a blood test produce the wrong results?

One question lawyers, scientists, and others who are involved in the legal system face is about the accuracy of various methods used to collect and analyze evidence. From DNA to blood tests, hair comparisons, and fingerprints, the various techniques used by police and forensic investigators are complex, and while they may be powerful, they are not error-free. No matter how well-refined these processes become, the fact is that no method of evidence collection and analysis can be infallible because there is always the possibility for human error in the process.

Drunk driving charges escalate to a felony in a death case

The driving while intoxicated laws in New Hampshire are strict and complicated. As with all jurisdictions, the more serious the incident, the higher the penalties and consequences. In addition, repeated drunk driving offenses will increase the penalties.

Man arrested on felonies is charged in 6 bank robberies

Identification is generally an important issue in many bank robbery prosecutions here in New Hampshire and elsewhere. Those who rob banks usually make some effort to disguise themselves. In the recent arrest of a man for several felonies associated with his allegedly committing six recent bank robberies in two states, however, published photos show no apparent disguise. They are allegedly relevant to identification of the robber, but there is no indication by the photos of anything other than a normal bank transaction between a man and a teller.

Sweep nets 14 arrests for drug charges in Manchester raids

New Hampshire authorities, assisted by local and federal law enforcement agencies, conducted a "Granite Hammer" raid recently in Manchester. This was the second raid conducted since October. This crime sweep netted 14 arrests, most of them on drug charges.

Premises liability does not extend to adjoining roadways

Can a business in New Hampshire or another state be held liable for not providing enough parking? Where a customer was killed walking to his car across a state highway after leaving a concert venue in an adjacent building, was the landowner liable to the deceased concert-goer?  One state appellate court has recently ruled that the business is not liable because there is no legal duty owed under premises liability law by the landowner to the business invitee.

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