Criminal Defense Synopses
Criminal Defense Case SynopsisNew Hampshire DWI
In January, 2011, Peter was traveling on Route 104 in Alexandria, New Hampshire when he lost control of his motor vehicle due to snow and ice and traveled off the roadway. Because Peter was less than a mile from his home, he locked his vehicle and walked home. He then retrieved a shovel and drove back to the scene of his accident where he intended to dig out his car. After digging for some time, a local police officer arrived to offer assistance. The officer detected an odor of alcohol on Peter's breath and asked Peter to perform field sobriety tests. Peter did his best to comply with the officer's requests and attempted the field sobriety tests, which the officer believed Peter did not pass. Peter was arrested and asked to submit to a breath test which revealed a .12 blood alcohol content. Peter was charged with four counts of DWI in NH and was facing significant periods of license loss.
Attorney Tenn requested all appropriate discovery materials from the local police department. Thereafter, Attorney Tenn filed Motions to Suppress challenging the validity of the field sobriety tests, as well as the accuracy of Peter's breath results. By vigorously challenging all of the State's evidence, Attorney Tenn was successful in having all four of Peter's NH DWI charges dismissed.Aggravated DWI in NH
Lance left his home in Candia, New Hampshire on Christmas Eve to visit friends and family to celebrate the holidays. While traveling on a winding, snow covered road, he lost control of his motor vehicle and ended up in a ditch. Police arrived on scene and immediately detected an odor of alcohol and noted that Lance seemed unsteady on his feet. He was asked to perform a battery of standardized field sobriety tests which the officer said he failed. Lance then submitted to a breath test which revealed a .25 breath alcohol content. Lance was charged with Aggravated DWI in New Hampshire and was facing a minimum of three (3) days in jail, an eighteen (18) month loss of license, significant fines and a seven (7) day Multiple Offender Alcohol Program.
Attorney Tenn challenged the sufficiency of the .25 breath result and moved to suppress any and all evidence from the Intoxilyzer 5000. The charge of Aggravated DWI was ultimately reduced to a DWI First Offense resulting in minimal loss of license and no jail time served.Driving While Intoxicated in New Hampshire
Glenn was operating his 2004 Hyundai on Chestnut Hill Road in Amherst, New Hampshire at approximately 2:00 a.m. when he momentarily lost control of his vehicle and drove off the roadway. He called 9-1-1 for assistance to help remove his automobile from a snow bank. When the Amherst Police officer arrived, she believed she detected an odor of alcohol on Glenn's breath, and asked him to submit to field sobriety tests. Glenn refused to perform any field sobriety tests and was immediately arrested. Thereafter, he was asked to admit to an Intoxilyzer Test which he also refused. Glenn was charged with Transporting Alcohol and Driving While Intoxicated in New Hampshire.
Glenn is a Massachusetts resident with two prior convictions for DWI. A third conviction would have resulted in an eight (8) year loss of license in Massachusetts. Glenn retained John Tenn to defend him against the pending DWI charge. Motions were filed challenging whether the State had sufficient probable cause for the arrest. Ultimately, Glenn's DWI charge was dismissed and he was not convicted of DWI in New Hampshire.New Hampshire Simple Assault Charge
Our eighteen (18) year old client, James was attending a party of high school and college-age students in Hooksett, New Hampshire. An intoxicated partygoer began making unwelcomed advances and inappropriate comments to a number of female guests. Jim stepped in to try to assist the girls and dissuade the drunken partygoer from his inappropriate conduct. All of a sudden, Jim was involved in a fist fight.
When the police arrived on the scene, Jim, the larger of the two boys, was charged with Simple Assault: a misdemeanor charge. Our criminal defense lawyers investigated the assault charge, conducted numerous witness interviews, and challenged the State to prove that Jim was the aggressor in the assault. Ultimately, our defense strategy prevailed and Jim's Simple Assault charge was dismissed.Conduct After an Accident in NH
Kevin was charged with Leaving the Scene of an Accident in Manchester District Court. He was facing significant fines, loss of driving privileges, and possible jail time. He admitted striking another vehicle and not calling the police to immediately report the motor vehicle collision. He was found by the police walking less than two blocks from the scene of the motor vehicle accident, and when he was approached by the police officers, immediately reported what transpired.
After investigating the events leading up to Kevin's Manchester motor vehicle accident, we challenged the State to meet its burden of proof beyond a reasonable doubt in this criminal matter. Ultimately, our client, Kevin was found Not Guilty of Leaving the Scene of an Accident and his charge of Conduct After an Accident was dismissed.New Hampshire Driving While Intoxicated
Tim was driving his truck on a dark country road near Canterbury, New Hampshire when he hit a significant pothole which forced his vehicle off the road into a snow bank. Tim was unable to maneuver his automobile out of the snow bank and was forced to call a local tow truck for assistance. While Tim waited for the tow truck to arrive, a local police officer approached and asked what occurred. The officer believed he detected an odor of alcohol on Tim's breath and that his eyes were bloodshot and glassy. Tim was asked to perform field sobriety tests on the side of the road which the officer alleged he failed. Ultimately, Tim submitted to a roadside breath test on the New Hampshire Intoxilyzer 5000 EN which revealed a .18 blood alcohol content. Tim was charged with Aggravated DWI and was facing an eighteen (18) month loss of license, mandatory jail time, fines approaching $1,000 and a seven (7) day Multiple Offender Alcohol Program, if convicted.
Attorney Tenn immediately forwarded Tim's breath tubes for independent testing and analysis. Attorney Tenn also filed a Suppression Motion challenging Tim's lengthy and continued detention at the road side and moved to suppress all evidence following his seizure by the local police department. Attorney Tenn also challenged the State's breath test results at the Administrative License Suspension Hearing. Ultimately, Tim's charge of Aggravated DWI was dismissed.Transportation of Drugs in a Motor Vehicle in NH
Stephen was stopped in a parking lot when he was approached by a local police officer. The police officer inquired as to why Stephen was parked there and indicated that he smelled marijuana coming from Stephen's vehicle. Stephen was asked to exit his vehicle and continued to be questioned by the officer about the smell coming from his car. At first Stephen denied having anything incriminating in his vehicle. However, after repeated questioning, Stephen subsequently indicated that there was marijuana and a smoking bowl in his vehicle. He was then placed under arrest for Transportation of a Controlled Substance.
Attorney Tenn requested and received all discovery documents from the police department related to this case. Attorney Tenn also requested that anyone involved in Stephen's chemical analysis tests appear to testify at trial.
Stephen's charge was dropped prior to trial and he was not convicted of any criminal wrongdoing.Driving While Intoxicated
We represented a woman in her forties who was pulled over on a Sunday morning by the New Hampshire State Police for speeding. Our client had just left the local health club, having completed a vigorous workout. Our client admitted to consuming alcohol approximately twelve hours earlier, but stated that she had nothing else to drink thereafter. After failing roadside field sobriety tests, our client was arrested and subsequently charged with DWI. We successfully defended her at trial by demonstrating that the State did not have sufficient evidence to convict her of operating a motor vehicle while impaired to any degree, as a result of alcohol or drugs.Drug Seizure
Our client, a young man, was arrested for possession of drugs after local New Hampshire police entered his home following a noise complaint. A Motion to Suppress was filed arguing that the State did not have any basis to enter our client's home and that the illicit materials found were seized in violation of our client's constitutional rights. The Motion was granted and the case dismissed.