GRANITE LAW
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GRANITE LAW |
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Legal Ease Newsletter: 1995 FallDWI Questions & AnswersOur justice system works best when everyone follows the rules. But when you are stopped by the police, do you know what the police can and cannot do? Here’s a typical scenario: You just had a nice dinner at a local restaurant, which included a bottle of wine. As you drive home, you see blue lights in your rearview mirror. What do you do? Do I have to answers the officer's questions? Technically, you must provide your license, registration and a handwriting sample, if asked. You do not have to answer any other questions, but from a practical point of view, not answering the officer’s questions is going to make him very unhappy. Do I have to take field sobriety tests? Field sobriety tests may include the balance test, the walk and turn test and the eye test. The officer will ask you to take the tests to determine whether there is reason to arrest you for DWI. If you have not been arrested for DWI, you are under no legal obligation to submit to field sobriety testing. What will happen if I don’t take the field sobriety tests? The officer is likely to find some reason to arrest you, such as the smell of your breath, slurred speech or disobeying an officer. If you are arrested for DWI, refusal to take the field sobriety tests could cause you to automatically lose your license under the Implied Consent Law. Do I have to submit to a breath test? Breathalizer tests are usually conducted at the police station after you have been arrested for DWI. Failure to submit to a breath test will result in an automatic loss of license for a minimum of six (6) months. In addition, you can still be charged with DWI and face prosecution. Should I take the breath test? This depends on whether you have been drinking and whether it is your first offense. Remember that refusal to take the test after being arrested for DWI means an automatic minimum six (6) month loss of license—even if you have not been drinking. What is ALS? It means Administrative License Suspension. If you have been arrested for DWI, you automatically lose your license effective thirty (30) days after the arrest. This occurs even if you have not been convicted. You have the right to appeal to the Department of Safety, but it is very difficult to win an appeal. Should I even bother to appeal ALS? Absolutely. Without an appeal, you won’t get your license back for (six) 6 months, even if you are found not guilty at trial. The above information is general and may not be applicable in a given set of circumstances. If you are arrested for DWI, you should try to contact your attorney while you are at the police station to help you make the appropriate decisions. Joke of the Month Vacationing out West, the just-divorced man stopped off in a bar. After a few drinks, he began to lament about his divorce, and thought out loud, “Lawyers are horses’ asses.” The bartender hustled over and said, “Mister, for heaven’s sake—don’t talk like that around here. Don’t you know you’re in horse country?” Did You Know?... A National study reveals some fascinating statistics about lawsuits:
Danger: Golf Crossing A woman in Maine just received $40,000 for nose and facial injuries when her golf ball bounced off railroad tracks and hit her in the face. The Court said that because the Golf Club invited golfers to use their course, they were responsible for the dangers posed by the railroad tracks crossing the course, even though the Club did not own or maintain the tracks. The $40,000 should be enough to pay for lessons to cure that slice. What A Great Newsletter! How Can I Get This Directly? If you are receiving this newsletter at work and want to have it sent directly to your home, just call us or drop us a note with your name and address and we will do the rest. We hope you enjoy Legal Ease. NH: No Taxes & Now No Parties The N.H. Supreme Court recently ruled that a host can be held liable for injuries sustained by any guest—adult or minor—who is served alcoholic beverages. In this case, it was a Halloween party and a 19-year-old who left the party drunk and got in a car accident, breaking his neck. Naturally, he blamed the people giving the party. You may want to review the guest list for your next party. Give some serious consideration to not serving liquor or at least monitor the drinking. Be sure to take the car keys from anyone who has had too much. |
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