The criminal justice system can be both intimidating and unfriendly. This firm will zealously advocate for your defense. This firm offers a one hour initial consultation for $ 200.00 Dollars to assist you in evaluating your case. Initially, this firm will develop your defense by seeking discovery from the prosecution to see what evidence they have against you. In any criminal case you need to:
- Claim your right to remain silent.
- Ask to be represented by your attorney.
One of the most common crimes this firm handles is Driving While Impaired.(DWI) DWI is frequently called DUI or OUI. The terms differ primarily by the state the crime takes place in.
If you would like to have a DUI Case evaluated please download and complete the form entitled Potential DUI Client Questionnaire. Then attach all of the requested documents and please read the rest of this page for important information.
DUI or OUI or DWI
The only guaranteed way to avoid being arrested for this crime is to not drink and drive. Clearly, the odds of being arrested for DUI are stacked against the driver that is under the influence. The police receive extensive training on DUI, OUI and DWI detection. In addition, all states have enacted implied consent laws that require drivers to submit to a breath test if an officer has reasonable suspicion to believe the driver is under the influence. Failure to submit to a breath test when required to will result in a civil suspension of your license and in some states it is a crime in and of itself to refuse a breath test.
As of 11/26/2010, in New Hampshire, the Police have the right under NH 265-A:4 Implied Consent of Driver or Operator to Testing to Determine Alcohol Concentration the Police a driver has given the implied consent when a Police officer has "reasonable grounds" to believe you are under the influence of alcohol, controlled drugs, or have a Blood Alcohol Concentration of .08 or higher.
It is believed by most attorneys, and police officers that "reasonable grounds" is a lower threshold to meet than reasonable suspicion. In addition, if you are under 21 the threshold is .02 or more.
As of 11/26/2010, in Vermont, under VSA Chapter 13 Section 1202 a driver must submit to a breath test "at the discretion of the law enforcement officer". If the request is reasonable and the driver refuses to submit to testing then the drivers privilege to drive will be suspended for at least six months. In Vermont, a driver has the right to speak to an attorney before deciding to take a breath test, but this is not the case in many states.
FIELD SOBRIETY TESTS
While the breath test has legal ramification for refusing to take a breath test when asked to by the Police the Field, Sobriety Tests are optional, but the Police are not obligated to tell you this fact. If you are overweight, uncoordinated, old, nervous, intoxicated, have bad knees or some other physical problem you will not do well on these tests. I believe that many if not most people would fail a field sobriety test even if they had not been drinking. In my opinion, the Field Sobriety Test is a test you can only fail. In most cases it would probably be best to politely decline to take a field sobriety test. The Police would then have less evidence against you to present at trial.
ADMINISTRATIVE LICENSE SUSPENSION
If you have been arrested for a DUI you will be facing criminal charges in the Court System, but what many defendants fail to realize is that they will also be facing civil charges from the State's Department of Motor Vehicles and the threshold to find you guilty will be lower than in a criminal court. The good news is you can use your civil hearing as an opportunity to gather evidence from the state that will assist you at trial.
LESSER CHARGES AND A PLEA BARGAIN
No two DUI cases are the same, but in every case we will analyze the facts to see what is strong or weak with the state's case. We will analyze any statements you might have made and we will interview all witnesses that are willing to speak with us. Frequently we are able to convince the prosecutor to offer us a lesser charge if we plead quility. An example of a case where we were able to get an excellent plea bargain occured in Vermont a few years ago. The State had great evidence showing that my client was intoxicated, but the states case was pretty weak in terms of proving that my client either was: 1) the driver of the vehicle, or 2) that the vehicle was on a public way.
If the above case had gone to trial I believe I would have won the case, but you can never be sure. I recommended that my client plead gulty to reckless conduct and he did lose his license for a period of time. However, by taking a Plea Bargain we knew for sure that the client would not be convicted of a DUI and that was a huge win for the client.
Smoking Marijuana is against the law in most places in this country. It is the position of Nathan R. Lynch, Esquire that the government should leave pot smokers alone. The prohibition against smoking marijuana is just like the prohibition against consuming alcohol. During prohibition Americans consumed alcohol with total disregard for the law because a law that is unjust is invalid.
Many states have no decriminalized marijuana, but usage of marijuana is still against Federal law and its usage may impact your right to keep and bear arms and my have other unforeseen consequences.
DO NOT SMOKE MARIJUANA IN YOUR AUTOMOBILE
Please understand that your automobile is the worst place on the planet for you to smoke marijuana. This attorney has read many police reports where a routine traffic stop turned into a drug charge because the officer smelled the " burnt odor of marijuana". If you must light up a smoke you should do so outside or in the comfort of your home. It is much harder for the police to get inside your house than it is in your car.
YOU HAVE THE RIGHT TO REMAIN SILENT
We have all made mistakes in our life! We have all made bad decisions and most of us have broken the law at some point in our lives. Have you ever driven over the speed limit? If your answer is yes then you are a law breaker! Perhaps the most important right we have in America is the right to remain silent. If you have made a mistake and you have broken the law keep your mouth shut. Keep your mouth shut and invoke your 6th amendment right to counsel. Tell the police that your attorney is Nathan R. Lynch, Esquire and call him at 603-756-4700.