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March 2018 Archives

Woman arrested for trespass may have a valid criminal defense

New Hampshire laws protect property owners from trespass by strangers and anyone without permission to be on private property. That sometimes clashes with the needs of the homeless who try to find somewhere to go and be protected from the elements. It is difficult to attribute criminal intent to someone who has been evicted for financial reasons from a rental premises but who goes back to find a place to rest in the hope of not being caught. There may be a valid criminal defense in some circumstances. 

Townhouse owners don't have premises liability for common areas

Generally, in New Hampshire a property owner or lessor is responsible for the maintenance and safety of the common areas of the premises and the tenant is responsible for the rented property itself. The common areas consist of walkways, parking lots, hallways, grounds, porches, stairways and other facilities that are used by the tenants and visitors in common and are generally open to the public. When the owner or lessor is negligent in maintaining those common areas, premises liability is incurred for damages to those injured due to that negligence. Generally, the tenant will not be able to recover if the injury occurs within the confines of the rented property.

Police charge hotel guest with felonies in alleged random attack

The vast majority of crimes have some kind of motive or intent that lies behind the suspect's actions. New Hampshire authorities rarely see a criminal arrest that does not have a reason for the accused person's alleged criminality. However police in Portsmouth recently arrested a woman on various violent felonies and indicated that her actions were purely random in nature. 

Workers' compensation may pay extra benefits for loss of a limb

New Hampshire has its fair share of industrial accidents that result in serious injury to workers. Injuries suffered in a plant with heavy, moving machinery and manufacturing units generally are more severe than in a more subdued nonindustrial work setting. For any accident at work resulting in a disabling injury, the employer must cover the employee's medical expenses and statutory lost wages through its workers' compensation insurance coverage.

Motorcycle accidents show greater injuries when helmets not worn

New Hampshire is a state that has a large number of motorcycle enthusiasts. It is also one of the few states in the country that has no legal requirement to wear a helmet. Cyclists often view the right to ride without head gear as an issue of personal freedom. However, the evidence from motorcycle accidents for the use of helmets to enhance safety to operators has recently increased substantially.

Man arrested for drunk driving after a one-vehicle rollover

Many arrests for impaired driving in New Hampshire are made after a suspect is involved in a single-vehicle accident. Such events are often reported quickly, especially where there has been obvious property damage. The police are called to the scene and make an investigation. They will observe the driver for signs of impairment. If they smell alcohol or observe untoward movements or slurred speech by the suspect, further procedures are followed and an arrest for drunk driving may be made.

Does filmmaker have a criminal defense to vandalism charge?

In New Hampshire and elsewhere, some criminal arrests are hard to decipher when motive and proof are not immediately apparent. On the surface, there is no reason or motive for the Chairman of the Manchester Arts Commission to have vandalized a wall in the town's city hall on the morning of March 1 just after leaving a meeting with the mayor. However, the Manchester Police arrested the 54-year-old local filmmaker for criminal mischief a few days later, claiming that a city camera caught the incident on video. The Union Leader then posted the video on You Tube, but replays show no apparent untoward behavior, raising the question whether he will present a criminal defense to the charge.  

3 safety tips for riding your motorcycle during the spring

With winter leaving us and spring coming into full swing, you may be ready to rev up your motorcycle and enjoy the weather. Spring is the perfect time for dusting off your motorcycle and taking it for a spin. It is only natural to be eager to hop on your ride again as the weather gets warmer.

State's House votes for bill to stop drunk driving checkpoints

Sobriety checkpoints have been a way of life in New Hampshire and most other states for many years, especially after the U.S. Supreme Court approved their constitutionality under certain restricted circumstances. However, some states are coming around to the conclusion that these law enforcement tactics are counter-productive, expensive and that they have done nothing to curb drunk driving. That way of thinking has taken over the state's House of Representatives, which recently voted to approve a bill that will prohibit sobriety checkpoints from being conducted in the state.

Passengers injured in car accidents may seek monetary damages

An important fact to remember about vehicle accidents in New Hampshire and elsewhere is that passengers who are injured in a car that was driven negligently have a right to collect for the injuries caused by the errant driving. The negligent operator of the vehicle in such car accidents is responsible to pay the monetary damages sustained by any passengers in the vehicle. This also applies to one-car accidents where passengers who are injured by negligent operation of the vehicle in which they are riding are entitled to collect damages from their own driver.

Man in truck near crash scene, arrested for drunk driving

New Hampshire drunk driving offenses consist of many different and bizarre scenarios. One common set of facts in drunk driving cases is where the driver exits the vehicle after an accident or collision and leaves the scene on foot. When that person is the titled owner of the vehicle, leaving doesn't provide much protection or solace from future grief.

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