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Tenn And Tenn, PA Frequently Asked Questions

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FAQ

Choose a category to read some of the frequently asked questions we get about the types of cases we serve

  • Motorcycle Accidents FAQs

    • What Should I Do if My Family Member Has Been Killed in a Motorcycle Accident That Was Not Their Fault?

      The loss of a loved one under any circumstances can be devastating. If you have lost a loved one in a motorcycle accident as the result of someone else's negligence or wrongdoing, you can file a wrongful death claim against the negligent or responsible party. Typically, an estate will be open and the estate will initiate the claim on the decedent’s behalf. Such claims seek compensation for losses including, but not limited to, medical expenses, funeral costs, lost future income and benefits and emotional distress.

    • How Can I Seek Compensation if a Dangerous or Defective Roadway Caused My Motorcycle Accident?

      A number of motorcycle accidents in New Hampshire are caused by roadways or intersections that are dangerously designed or roadway defects such as uneven pavement, potholes or missing signage. In such cases, you may be able to file a claim against the governmental entity responsible for maintaining the roadway in question.

    • What Can I Do if a Motorcycle Defect Caused My Injuries?

      If you were injured due to a manufacturing defect or product defect in your motorcycle, then you may have a claim against the manufacturer of the motorcycle. An experienced motorcycle accident lawyer will retain an expert to thoroughly examine the motorcycle for any evidence of defects, malfunctions or design flaws. It is important to preserve the vehicle unaltered so it can be thoroughly examined for defects.

    • Can I Make a Claim Through My Insurance if I’m Struck and Injured by a Hit-And-Run Driver?

      Yes, if you have been injured in a hit-and-run motorcycle accident, you can file a claim under your own uninsured motorist policy for your injuries and damages.

    • What Is the Difference Between Uninsured and Underinsured Motorist Coverage?

      An uninsured motorist is one who does not have auto or motorcycle insurance coverage. Uninsured motorist coverage is a clause in your insurance policy, which pays you for injuries and damages when an uninsured motorist hits and injures you. Underinsured motorist coverage pays for your injuries when the at-fault motorist has insurance coverage, but the liability limit is not high enough to fully compensate you for all the damages you have suffered.

    • Why Is an Investigation of My Motorcycle Accident Case Important?

      It is critical to initiate a prompt investigation because insurance companies will often attempt to prove that the motorcyclist was reckless or at fault for the crash, all in an attempt to reduce the value of your claim. An experienced New Hampshire motorcycle injury attorney will stay on top of the official investigation and ensure that the facts of the case are represented and that the victim's rights are protected.

    • Should I Call the Police if I Am Involved in a Motorcycle Collision?

      If you were involved in a New Hampshire motorcycle accident that resulted in significant property damage and/or personal injury, you are required to report the accident to the police. Contacting the police allows them to document the collision, obtain witness and insurance information, and determine who was at fault for the collision. This information will be critical in bringing a claim against the responsible driver.

    • I Was Injured in a Motorcycle Accident but Wasn’t Wearing a Helmet. Can I Still Collect Damages From the Other Driver?

      If the other driver was the cause of the motorcycle accident and your resulting injuries, you are entitled to compensation for your injuries. Your failure to wear a helmet does not prevent you from asserting a claim against the at-fault party.

    • Do I Have to Wear a Helmet When I Ride My Motorcycle?

      If you are over 18 years of age, New Hampshire law does not mandate helmet use. As such, wearing a helmet or not, is left up to you. The motorcycle lawyers at Tenn And Tenn, P.A. strongly recommend all riders and passengers wear DOT-approved helmets.

    • If My Health Insurance Pays My Medical Bills From My Motorcycle Accident Will I Have to Pay Them Back?

      In most situations the answer is "yes." Most health insurance policies provide for a right of subrogation, meaning that they are entitled to be paid back on any bills they paid on your behalf, if you receive a personal injury settlement or award. Often, your injury lawyer can negotiate down the amount recoverable.

    • Should I Hire an Attorney for My Motorcycle Accident Case?

      Riders and passengers can sustain severe and life threatening injuries in a motorcycle accident. It is in your best interest to hire an experienced motorcycle accident lawyer as soon as possible to assist with your claim. A skilled New Hampshire motorcycle accident lawyer will manage all aspects of your case, including negotiating with the insurance companies, gathering necessary witness information, managing your medical bills and records, and keeping track of your expenses. The motorcycle accident lawyers at Tenn And Tenn, P.A. in Manchester, New Hampshire will manage all the details of your case, so that you can focus on getting better.

    • A Car Cut Me off and Fled the Scene. What Can I Do?

      Uninsured motorist coverage is designed to cover you and provide compensation for your injuries and damages in the event the at-fault driver cannot be identified.

    • If I Have No Insurance of My Own, Can I Bring a Claim Against the Driver Who Hit Me?

      Regardless of whether you maintain motorcycle insurance, you are always entitled to bring a claim against the at-fault party, so long as you do so within the Statute of Limitations.

    • How Long Do I Have to File a Lawsuit After My Motorcycle Accident?

      In New Hampshire, adult motorcyclists have three (3) years to file a legal action in court to seek compensation for their injuries and property damage. Failing to file your legal claim within the Statute of Limitations will bar your claim.

    • Is Motorcycle Insurance Coverage Necessary?

      Although motorcycle insurance coverage may not be mandated under New Hampshire law, the motorcycle injury attorneys at Tenn And Tenn, P.A. strongly encourage every rider to carry full insurance coverage on their motorcycle. This usually includes:

      • Bodily injury liability limits and uninsured/underinsured limits of at least $250,000;
      • Medical payments coverage of at least $10,000; and
      • Collision, comprehensive and property coverage on your motorcycle.

      In a non-mandatory insurance state such as New Hampshire, if you do not maintain sufficient insurance coverage and are seriously injured in a motorcycle accident, there may be no insurance monies available to compensate you for your injuries.

  • DWI/ DUI Frequently FAQs

    • What Are the Penalties for Aggravated DWI and DWI, Subsequent Offense?

      If the Complaint alleges that the driver has been convicted of a previous DWI offense (in any jurisdiction) within the past ten (10) years, there is:

      1. A mandatory jail sentence;
      2. Mandatory residential treatment at the driver's expense; and
      3. A mandatory loss of license of at least three (3) years.

      If the complaint alleges a second offense and the prior conviction is within the last two (2) years, the driver is facing:

      1. A mandatory minimum thirty (30) days in jail and a maximum sentence of one (1) year in jail;
      2. Seven (7) days at the New Hampshire DWI Multiple Offender Intervention Detention Program ("MOP") at a cost of approximately $1,200, to commence immediately upon release from jail; and
      3. A mandatory three (3) year loss of license; and
      4. A fine between $750 and $2,000 plus a 24% penalty assessment.

      If the second offense occurred more than two (2) years before the date of the new offense, the mandatory jail sentence is only three (3) days, but other sentencing provisions are identical.

      If the Complaint alleges a prior DWI offense within the past ten (10) years and a total of two (2) prior DWI offenses altogether, the driver is facing:

      1. Six (6) months to one (1) year in jail;
      2. A twenty-eight (28) day residential treatment program to be completed at the driver's expense;
      3. A mandatory minimum five (5) year loss of license; and
      4. A fine between $750 and $2,000 plus a 24% penalty assessment.

      A driver with a prior DWI offense within the past ten (10) years and a total of three (3) prior DWI offenses altogether may be prosecuted for a Class B Felony and sent to the New Hampshire State Prison for a maximum of 3 1/2 to 7 years. In addition the driver will need to successfully complete a twenty-eight (28) day residential treatment program at his own expense and cannot have his license or privilege to operate a motor vehicle in New Hampshire restored for seven (7) years.

    • What Are the Penalties for First Offense DWI in New Hampshire?

      A driver who is convicted of DWI (first offense) is subject to the following penalties:

      1. A minimum ninety (90) day actual loss of license and a maximum two (2) year loss of license. If the driver was under twenty-one (21), the minimum period of license loss is one (1) year.
      2. A fine between $500 and $1,200, plus a 24% penalty assessment.
      3. A twenty (20) hour Impaired Driver Intervention Program at a cost of approximately $600. For all drivers, the minimum period of license revocation is actually nine (9) months; but, the court can allow the driver to petition for reinstatement after ninety (90) days (unless he/she was under twenty-one (21) at the time of the offense) if the Impaired Driver Intervention Program has been enrolled in within forty-five (45) days of conviction. First offense DWI is a Class B Misdemeanor. However, one (1) year after conviction, the driver may ask the court to reduce the misdemeanor offense to a Violation.

      Also, as explained below, a driver charged with DWI in New Hampshire may be subject to an additional Administrative License Suspension ("ALS") for:

      1. Refusing to submit to a post-arrest sobriety test or alcohol concentration test; or
      2. Submitting to a post-arrest alcohol concentration test that discloses an alcohol concentration of greater than 0.08%, or 0.02% if under the age of twenty-one (21).

      The ALS is for an automatic six (6) months if the driver has no prior DWI's or post-arrest test refusals. The ALS is for an automatic two (2) years if the driver has a prior DWI or a prior post-arrest test refusal. If the ALS is for a refusal it runs consecutive to (e.g., in addition to) any court imposed suspension or revocation. If the ALS is for an alcohol concentration of 0.08% or greater, it will run concurrent (at the same time) with the court imposed revocation.

      Thus, the combined DWI/ALS minimum actual loss of license for first offense DWI and refusing to submit to a post-arrest alcohol concentration test is nine (9) months. If there was a prior refusal or a prior DWI on the driver's record, the combined minimum actual loss of license is twenty-seven (27) months.

      The combined DWI/ALS minimum actual loss of license for first offense DWI and taking a post-arrest test that reveals an alcohol concentration of 0.08% or greater is six (6) months. If there was a prior refusal or a prior DWI on the driver's record, the combined minimum actual loss of license is two (2) years.

      The ALS will be automatic unless the driver requests an administrative hearing within thirty (30) days of arrest, or from receipt of the blood test results. Therefore, any driver with grounds to challenge the ALS should request a hearing and request the presence of the relevant officers immediately.

      New Hampshire law provides for increased penalties for repeat offenders and for DWI's committed when:

      1. There is a passenger under sixteen (16);
      2. The driver was going more than thirty (30) miles over the posted speed limit;
      3. The driver had an alcohol concentration of .16% or greater;
      4. The driver attempted to elude pursuit by law enforcement; and
      5. The driver caused a motor vehicle collision resulting in death or serious bodily injury.
    • What Happens if I Am Caught Driving After My License Is Suspended or Revoked?

      Driving after suspension or revocation is a serious crime that can subject you to extended periods of license loss and incarceration.

    • I Live Out-Of-State. Will I Be Able to Drive in My Home State if I Lose My Privilege to Drive in New Hampshire?

      New Hampshire can only revoke or suspend your license in New Hampshire. However, almost all states participate in the interstate compact that requires them to suspend the license of an individual who has lost their driving privileges in another state. Therefore, the state in which your driver license was issued will most probably suspend your license and you will not be illegible for reinstatement until your privileges to drive in New Hampshire have been restored. In some instances, your home state may also choose to impose an additional period of suspension or revocation for a New Hampshire DWI conviction or Administrative License Suspension.

    • Do the Police Have to Give Me Miranda Warnings?

      New Hampshire law requires the police to provide Miranda warnings prior to post-arrest custodial interrogation. Generally speaking, there is no need to give Miranda warnings in connection with roadside questioning during the officer's initial investigation into a potential DWI. This means, that Miranda warnings are frequently not given, nor required in DWI cases until such time as the driver is actually arrested.

    • What Should I Do With the Plastic Bag That Contains the Sample Tubes of My Breath?

      Do not open the plastic bag under any circumstances. Place the sealed bag in a safe place until you meet with your lawyer. This bag contains a "second sample" of the breath sample that you submitted at the time of your arrest. In most cases, your DWI defense lawyer will forward your second sample to a certified laboratory for independent testing.

    • What Is the Legal Limit for Blood Alcohol Concentration (BAC) In New Hampshire?

      New Hampshire defines legal impairment as having a blood alcohol concentration of .08% if over the age of twenty-one (21), or .02% or greater if under the age of twenty-one (21). A driver with a CDL license is deemed impaired if he/she has an alcohol concentration of .04% or more.

    • I Thought I Had the Right Not to Incriminate Myself, Doesn’t That Include Not Submitting to Breath Testing?

      New Hampshire is known as an "implied consent" state. This means that when you drive a vehicle on a public way, you are giving the State of New Hampshire permission, or consent, to drug or alcohol testing if a police officer has reasonable grounds to believe you are under the influence of alcohol or drugs. If you refuse to perform a task or tests requested by a law enforcement officer, you will automatically lose your license in New Hampshire, known as an Administrative License Suspension.

    • What Should I Do Immediately After Being Stopped for DUI?

      First and foremost, remain calm. Provide your license and registration, turn down your radio and roll down your window to greet the officer when he/she approaches. Stay calm, be polite, and try to answer any questions directly and responsively.

    • What Are the Penalties for a Second or Subsequent DWI Offense?
      • Guilty of a class A misdemeanor;

      • Fined at least $750-$2000;

      • Mandatory sentence of at least 17 days in the County House of Corrections with up to 12 of those days suspended; (Note: If subsequent DWI occurred within 2 years of prior DW, 60 days in Jail with possible 30 suspended);

      • Driver's license, or privilege, revoked for 3 years;

      • Full Substance Abuse Disorder Evaluation within 30 days of Release to be completed within 60 days, and follow all recommendations for aftercare and additional alcohol and/or drug counseling or treatment programs;

      • 3 to 5 year requirement, after the date of eligibility for license restoration, of holding an SR-22 insurance certificate as proof of liability insurance; and

      • Installation of an Ignition Interlock Device.

    • What Are the Penalties for an Aggregated DWI Offense?
      • Guilty of a class A misdemeanor;

      • Fined at least $750-$2000;

      • Mandatory sentence of at least 17 days in the County House of Corrections with up to 12 of those days suspended;

      • Driver's license, or privilege, revoked for at least 18 months but no longer than 2 years, except for good cause found by the court; (Note: If conviction of Aggravated premised upon transporting someone under the age of 16 – mandatory loss for 2 years);

      • Full Substance Abuse Disorder Evaluation and follow all recommendations for aftercare and additional alcohol and/or drug counseling or treatment programs;

      • 3-year requirement of holding an SR-22 insurance certificate as proof of liability insurance; and

      • Install and maintain an Ignition Interlock Device for 1-2 years following restoration of your license.

    • What Are the Penalties for My First DWI Offense?

      First DWI Offense - Over 21 Years Old

      • Guilty of a class B misdemeanor;
      • Fined at least $500-$1200;
      • Driver's license, or privilege, revoked for at least 9 months, but not more than 2 years;
      • Impaired Driver Care Management Program (“IDCMP”): Substance abuse screening assessment within 14 days. Depending upon screening results, possible substance abuse disorder evaluation within 30 days, and follow all recommendations. Proof of successful completion of a state-approved Impaired Driver Education Program, before your driver's license or privilege is reinstated;
      • Additional alcohol and/or drug counseling or treatment programs, as determined by the court;
      • 3-year requirement for SR-22 insurance certificate as proof of liability insurance; and
      • Installation of an Ignition Interlock Device if required by the Court or DMV.
      First DWI Offense - Under 21 Years Old
      • Minimum mandatory 1 year loss of license or driving privileges; and
      • Complete full Substance Abuse Disorder Evaluation and follow all recommendations.
    • I Live in New Hampshire and I Was Driving With a New Hampshire License at the Time of My Offense. Will I Be Able to Drive in Oth

      No.

    • I Live In Another State. Will I Be Able to Drive in My Home State if I Lose My Privilege to Drive in New Hampshire?

      New Hampshire can only revoke or suspend your privilege to drive in New Hampshire. However, all states are parties to an interstate compact that requires them to suspend the license of any person who has lost their privilege to drive in another state. Therefore, your home state will likely suspend your license and you will not be eligible for reinstatement until your privilege to drive in New Hampshire is restored. Your home state may also choose to impose an additional period of suspension or revocation for a New Hampshire DWI conviction or ALS suspension. You should consult with an attorney from your home state.

    • Does New Hampshire Have a Hardship or Cinderella License for Persons Who Need to Drive to Work After Their License or Privilege
      No.
    • Am I Supposed to Receive My Miranda Warnings?

      The police only need to give Miranda warnings prior to post-arrest custodial interrogation. Generally, there is no need to give Miranda warnings in connection with roadside questioning during an investigative detention. As a practical matter this means that Miranda warnings are not required in DWI cases until the driver is arrested.

      Your New Hampshire criminal defense lawyer should carefully review the police reports and interview you to determine whether you may have a valid motion to suppress any statements that you made to the police.

    • What Is MOP?

      MOP is the State's seven day residential Multiple Offender Program. Persons convicted of

      1. Aggravated DWI.
      2. DWI, Subsequent Offense must complete MOP at a cost of approximately $1,200.

      Persons who plead guilty to DWI, first offense, but who have a prior DWI conviction on their record, must complete MOP or an equivalent "Phase II" program. The Department of Health and Human Services maintains an information sheet on MOP and other Phase II programs.

      At the conclusion of MOP or a Phase II program, you will be evaluated for follow up treatment. Your license or privilege to drive in New Hampshire will not be restored until you have successfully completed all follow up treatment. For more information about follow up treatment, and your right to contest a recommendation for follow up treatment, please see Question 12 above.

    • What Is IDIP?

      It is the Impaired Driver Intervention Program. This is a twenty (20) hour course which persons convicted of DWI, first offense must take prior to restoration of their driving privileges. An intensive weekend course is available. The N.H. Division of Motor Vehicles maintains a statewide list of approved IDIP programs. If you reside in another state you can attend an IDIP program in New Hampshire or a state approved IDIP program in the state in which you reside. You should make sure that an out of state program is acceptable to the New Hampshire DMV before you enroll.

      At the conclusion of the IDIP program you will be evaluated for follow up treatment. Your license or privilege to drive in New Hampshire will not be restored until you have successfully completed all follow up treatment. This may include participation in individual alcohol counseling or in a self-help program such as, for example, alcoholics anonymous. If you object to the IDIP's recommendation for follow up treatment, you may obtain a second opinion from a licensed alcohol and drug abuse prevention counselor (LADAC) at your own expense. You can appeal a recommendation of follow up treatment to the Department of Safety. The Department of Safety provides a downloadable appeal form. The Department of Health and Human Services ("DHHS") maintains an information sheet on IDIP programs.

      Note that under the DHHS regulations, follow up treatment should be automatically recommended if the driver's alcohol concentration was .16 (or .08 if the driver was under 21). Follow up treatment should also be automatically recommended if the driver had multiple alcohol or drug related motor vehicle arrests. The regulations set forth fairly detailed criteria to determine whether follow up treatment should be ordered on other grounds.

    • Am I Entitled to Receive a Copy of the Police Reports in My Case?

      Your New Hampshire drunk driving defense lawyer will request "discovery" from the prosecutors office and all of the relevant police reports should be provided. Your lawyer should also obtain copies of any cruiser and booking videos if they were made as well as the maintenance records for the intoxilyzer if there was a breath test in your case. If you are representing yourself in court (which is not advisable), you should write to the prosecutor to obtain this information.

    • What Should I Do With the “Second Sample” of My Breath?

      Please do not open the container. Place the sealed bag in a safe place and give it to your NH drunk driving defense lawyer at your earliest opportunity. This is very important because you are entitled to have the second sample tested by an independent laboratory (at a cost of around $110). If the test reports are inconsistent with the intoxilyzer result, you may be able to suppress the intoxilyzer result at your DWI trial and your ALS hearing.

    • Is There a Difference Between a Hospital Blood Test and a State Blood Test?

      A State blood test is performed on whole blood and the result is reported in terms of grams of alcohol per unit of whole blood. Most hospital tests are performed on blood plasma and the result is reported in terms of grams of alcohol per unit of blood plasma. Because alcohol has a greater affinity for blood plasma than for whole blood, a hospital test will almost always state a higher alcohol concentration than a whole blood test.

      The State's experts typically say that a hospital test overstates whole blood alcohol concentration by 15% to 20%. This, however, is gross oversimplification. The difference between whole blood and blood plasma alcohol concentration varies greatly among people and varies within a given individual over time.

    • What Is the “Legal Limit” in New Hampshire?

      New Hampshire defines legal impairment in two alternative ways. Under one definition, a driver is per se impaired if he has an alcohol concentration of 0.08 or greater at the time he was driving. A driver who is under 21 is per se impaired if he has an alcohol concentration of .02 or greater. A driver with a CDL license who is driving a commercial vehicle is per se impaired if he has an alcohol concentration of 0.04.

      Under the second definition, a driver is DWI if he is actually impaired by alcohol and/or drugs to any perceptible degree. Under this definition, the driver's alcohol concentration is merely circumstantial evidence of actual impairment. An alcohol concentration of 0.08 or greater is prima facie evidence of impairment. This means that if the State proves that the driver had an alcohol concentration of 0.08 or greater at the time he was driving, that is sufficient to prove impairment. However, it is not conclusive evidence of impairment. An alcohol concentration of 0.03 or less is prima facie evidence that the driver was not impaired.

    • What Are the Penalties if I Take a Pre-arrest Breath Test Which Reveals an Alcohol Concentration of 0.08 or Greater?

      There is a statute which says that the Preliminary Breath Test (“PBT”) results are admissible if certain procedural pre-requisites are met. These procedural pre-requisites are as follows:

      • The officer must be certified to use the PBT device.
      • The PBT device must be certified by the Department of Health and Human Services.
      • The officer must have reasonable grounds to believe that the driver was operating a motor vehicle while under the influence of alcohol or drugs.
      • The officer must advise the driver that refusing or taking a PBT will neither prevent nor require a subsequent post-arrest test.

      Because PBT devices are less reliable than desktop intoxilyzers, many lawyers have argued that--notwithstanding the statute--PBT test results should be excluded under the N.H. Rules of Evidence. The conflict between the PBT statute and the Rules of Evidence involves important questions relating to separation of powers. Those questions have not yet been answered by the courts.

    • What Are the Penalties if I Take a Post-arrest Breath Test Which Reveals an Alcohol Concentration of 0.08 or Greater?

      If the police officer followed the proper procedure, you will be subject to an ALS that will be concurrent (e.g., simultaneous) with any period of revocation imposed by the court. The length of the ALS will be six (6) months if you have no prior DWI’s or test refusals. It will be two (2) years if you have either a prior DWI or a prior post-arrest test refusal.

      The ALS will be vacated (if you request a hearing) if the police officer failed to follow the procedure described in response to Question 4, above. Additionally, the ALS should be vacated if:

      -The intoxilyzer was not certified;
      -There were maintenance or reliability problems with the intoxilyzer;
      -The intoxilyzer operator was not certified; or
      -The test result was 0.08 (because a result of less than 0.08 would be within the machine's margin of error).

      For more information about ALS, please see Question 4, above.

      Additionally, New Hampshire law allows the prosecutor to charge a driver with "per se DWI" for driving with an alcohol concentration of 0.08 or greater. Since most intoxilyzer tests are taken about an hour after the initial stop, in close cases it is necessary to consider

      1. The machine's margin of error.
      2. The likely rate of alcohol absorption and elimination to determine whether there is a good defense to a per se complaint.

      Additional information about breath testing technology is provided below.

    • What Happens if I Refuse a Post-arrest Blood Test, Urine Test or Physical Field Sobriety Test?
      Post-arrest blood tests, urine tests and physical field sobriety tests are treated the same as post-arrest breath tests. A refusal to take these tests will trigger an ALS and may be used as evidence in the underlying DWI case. For more information about ALS, please see Question 4, above.
    • What Are the Penalties if I Refuse a Post-arrest Breath Test?

      If the police officer followed the correct procedure, you will be subject to an Administrative License Suspension ("ALS"). The ALS will be for six (6) months if you have no previous DWI's or test refusals on your record. It will be for two (2) years if you have either a prior DWI or a prior post-arrest test refusal. The suspension for refusing a post-arrest test is always consecutive (e.g., in addition to) any period of revocation imposed by the court.

      Note that this is an administrative suspension which is imposed by the Department of Safety. The ALS is automatic unless you file a request for a hearing with the Department of Safety within thirty (30) days of your arrest (or within thirty (30) days of receiving notice of the ALS).

      Additionally, the failure to submit to a post-arrest breath test may be admitted in court in a DWI case to prove consciousness of guilt.

    • What Are the Penalties for Causing Death or Serious Bodily Injury by DWI?

      A driver who causes a motor vehicle accident while impaired by alcohol or drugs which results in serious bodily injury to any person, including the driver, may be prosecuted for Class B Felony Aggravated DWI. This charge carries

      1. A mandatory minimum fourteen (14) day jail sentence and a maximum sentence of 3 1/2 to 7 years in the New Hampshire State Prison.
      2. Seven (7) days of residential treatment at the Multiple Offender Program (“MOP”) at the driver's expense.
      3. Loss of license.

      A driver who causes another person's death by DWI may be prosecuted for Class A Felony Negligent Homicide. That charge carries a maximum sentence of 7 1/2 to 15 years in the New Hampshire State Prison. If the driver has prior DWI convictions the prosecutor may file a charge of Reckless Manslaughter rather than Negligent Homicide. The New Hampshire Supreme Court has held that a driver's prior convictions--and prior experience with court mandated treatment--can provide the driver with sufficient knowledge of the dangers of DWI to support a finding of criminal recklessness. The maximum penalty for Manslaughter is 15 to 30 years in State Prison.

    • What Are the Penalties for Aggravated DWI and DWI, Subsequent Offense?

      If the complaint alleges that the driver has been convicted of a previous DWI offense (in any jurisdiction) within the past ten (10) years, there is

      1. A mandatory jail sentence.
      2. Mandatory residential treatment at the driver's expense.
      3. A mandatory loss of license of at least three (3) years.

      If the complaint alleges a second offense and the prior conviction is within the last two (2) years, the driver is looking at

      1. A mandatory minimum thirty (30) days in jail and a maximum sentence of one year in jail.
      2. 7 days at the New Hampshire DWI Multiple Offender Intervention Detention Program ("MOP") at a cost of approximately $1,200, to commence immediately upon release from jail.
      3. A mandatory three (3) year loss of license; and (D) a fine between $500 and $2,000 plus a 20% penalty assessment. If the second offense occurred more than two (2) years before the date of the new offense, the mandatory jail sentence is only three (3) days, but other sentencing provisions are identical.

      If the complaint alleges a prior DWI offense within the past ten (10) years and a total of two (2) prior DWI offenses altogether, the driver is looking at

      1. Six (6) months to one (1) year in jail.
      2. A twenty-eight (28) day residential treatment program to be completed at the driver's expense.
      3. A mandatory minimum five (5) year loss of license; and (D) a fine between $500 and $2,000 plus a 20% penalty assessment.

      A driver with a prior DWI offense within the past ten (10) years and a total of three (3) prior DWI offenses altogether may be prosecuted for a Class B Felony and sent to the New Hampshire State Prison for a maximum of 3 1/2 to 7 years. In addition the driver will need to successfully complete a twenty-eight (28) day residential treatment program at his own expense and cannot have his license or privilege to operate a motor vehicle in New Hampshire restored for seven (7) years.

    • What Are the Penalties for First Offense DWI in New Hampshire?

      A driver who is convicted of DWI (first offense) is subject to the following penalties:

      1. A minimum ninety (90) day actual loss of license and a maximum two (2) year loss of license.
      2. A fine between $500 and $1,200, plus a 20% penalty assessment.
      3. A twenty (20) hour impaired driver intervention program at a cost of approximately $600. If the driver was under twenty-one (21), the minimum period of license loss is one (1) year.

      For all drivers, the minimum period of license revocation is actually nine (9) months; but, the court can allow the driver to petition for reinstatement after ninety (90) days (unless he/she was under twenty-one (21) at the time of the offense) if the impaired driver intervention program has been enrolled in within forty-five (45) days of conviction. First offense DWI is a Class B Misdemeanor. However, one (1) year after conviction, the driver may ask the court to reduce the offense level to a Violation.

      Also, as explained below, a driver charged with DWI in New Hampshire may be subject to an additional Administrative License Suspension ("ALS") for

      1. Refusing to submit to a post-arrest sobriety test or alcohol concentration test.
      2. Submitting to a post-arrest alcohol concentration test that discloses an alcohol concentration of greater than 0.08, or 0.02 if under the age of twenty-one (21).

      The ALS is for an automatic six (6) months if the driver has no prior DWI's or post-arrest test refusals. The ALS is for an automatic two (2) years if the driver has a prior DWI or a prior post-arrest test refusal. If the ALS is for a refusal it runs consecutive to (e.g., in addition to) any court imposed suspension or revocation. If the ALS is for an alcohol concentration of 0.08 or greater, it will run concurrent (at the same time) with the court imposed revocation.

      Thus, the combined DWI/ALS minimum actual loss of license for First Offense DWI and refusing to submit to a post-arrest alcohol concentration test is a minimum of nine (9) months. If there was a prior refusal or a prior DWI on the driver's record, the combined minimum actual loss of license is twenty-seven (27) months.

      The combined DWI/ALS minimum actual loss of license for first offense DWI and taking a post-arrest test that reveals an alcohol concentration of 0.08 or greater is six (6) months. If there was a prior refusal or a prior DWI on the driver's record, the combined minimum actual loss of license is two (2) years.

      The ALS will be automatic unless the driver requests an administrative hearing within thirty (30) days of arrest, or from receipt of the blood test results. Therefore, any driver with grounds to challenge the ALS should request a hearing and request the presence of the relevant officers immediately.

      New Hampshire law provides for increased penalties for repeat offenders and for DWI’s committed when

      1. There is a passenger under sixteen (16).
      2. The driver was going more than thirty (30) miles over the posted speed limit.
      3. The driver had an alcohol concentration of .16 or greater.
      4. The driver attempted to elude pursuit by law enforcement.
      5. The driver caused a motor vehicle collision resulting in death or serious bodily injury.
  • Car Accidents FAQs

    • When Should I Contact an Attorney?

      Once your immediate medical needs have been addressed, you should promptly contact an experienced car accident lawyer. The attorneys at Tenn And Tenn, P.A. will meet with you as soon as possible to help you address your needs and concerns. We provide free telephone consultations on our Free Injury Helpline at {F:P:Sub:Phone).

    • Can I Try to Settle With the Insurance Company Myself?
      Although you are free to do so, negotiating your own personal injury claim is not recommended by our car accident attorneys, especially in serious injury cases. Rather, we recommend that you consult with our experienced injury lawyers regarding your car accident. Our car accident lawyers know the law and are here to help you achieve full, fair and adequate compensation.
    • Should I See a Doctor Even if I Don’t Have Apparent Injuries?
      Many times, the onset of injuries can take a few days to appear. Our car accident attorneys recommend that accident victims seek medical attention as soon as possible, and especially before settling their claim with the insurance company. Once your claim is settled, the case is over. If future injuries or problems occur, you will not be able to undo or re-open the case.
    • If I Am Injured, Should I Visit My Doctor?
      Always seek medical attention promptly if you are injured. It is important that you receive medical attention if you feel any pain or discomfort. Waiting to obtain treatment is not usually a good idea because it can have adverse physical consequences, and it can potentially hurt your case, as there will be no medical documentation of your injuries immediately following the accident.
    • Should I Admit Fault if I Think I’m to Blame for the Car Accident?
      Many times, car accidents happen in the blink of an eye. The resulting stress and emotional reaction to the situation can cloud one's ability to think clearly. It is not until a full investigation has been completed that it can be officially known which party bears responsibility for causing the accident. Because other circumstances or factors that you may not have witnessed could have played a role in the accident, it is important to have an investigation conducted. If you mistakenly admit fault, it can be used against you.
    • How Is Fault Determined After a Car Accident?

      More often than not, the cause of the car accident will be readily apparent. If it is not, the investigating police officer will make an on-scene determination of fault, after speaking to the parties and witnesses involved. Generally, the police officer will be attempting to determine which person violated a traffic law in order to hold that person responsible.

    • Should I Contact My Own Insurance Company?

      Automobile insurance policies require their policyholders to promptly report every auto accident. Typically, an insurance adjuster will gather all of the basic information concerning the accident and your injuries. The adjuster may also request a recorded statement concerning the collision and your injuries.

      If you are worried about providing a recorded statement, you should contact an attorney to discuss those concerns, prior to giving the statement to your insurance company. Our car accident lawyers will take the time to explain the process to you and address any concerns that you may have.

    • Should I Take Pictures of the Accident Scene?

      Yes. Even if the police take photographs, you should try to document the accident scene yourself. We recommend that you take twice as many photographs as you think you might otherwise need. Taking shots from multiple angles and locations is the best way to enable an accident reconstructionist to produce an accurate diagram of the collision.

    • Should I Call the Police?

      Yes. It is important to contact the police immediately if you are involved in an accident. Doing so will not only provide proof of the accident, but will allow for an immediate on-scene investigation. In addition, police will take statements of witnesses, and will examine the other driver to check for drug or alcohol use. The police can also be valuable witnesses to your injuries at the scene, and they can assist in securing an admission of fault from the negligent driver.

    • What Should I Do if I Am Involved in a NH Car Accident?

      First and foremost, seek medical help for yourself or any injured person. If necessary, call the police and an ambulance right away. When the situation has stabilized and medical needs have been addressed, begin to collect any information you can about the accident. Here is a list of other things you should consider doing after being involved in a car crash in New Hampshire:

      • Document the name, address, telephone number, driver's license number and insurance information of the other driver.
      • Write down the make, model, and license plate number of each car involved.
      • Collect the name, address and phone number of any witness who observed the accident. Oftentimes, witness information is critical to establishing fault.
      • Find out the investigating police officer's name and ask how to obtain a copy of the police report.
      • If possible, photograph the accident scene or draw a diagram of how the accident happened along with the final resting places of the vehicles, before they are moved or towed from the scene.
  • Personal Injury FAQs

    • When Should I Hire a Personal Injury Attorney?
      Retaining the services of an experienced New Hampshire personal injury lawyer is critical in any personal injury claim. Hiring an attorney as soon as possible allows your legal counselor to gather critical evidence, obtain witness statements, and document the facts surrounding your accident or injury. Act quickly to preserve your rights in order to present the best evidence on your behalf.
    • How Do I Know if I Have a Valid Personal Injury Claim?
      A valid personal injury claim requires you to demonstrate that you have been injured due to someone else’s fault, and have sustained damages. Injury claims, or tort claims as they are called, requires the injured party to demonstrate two specific elements known as liability and damages. Consulting a New Hampshire personal injury lawyer is the most prudent act to determine whether your personal injury claim is valid.
    • What Is Negligence?
      Negligence is the failure to use reasonable care. In other words, negligence is any conduct that falls below the standard of care established by law to protect others from the unreasonable risk of harm.
    • What Is a Personal Injury?

      A personal injury is a physical or mental injury sustained by a person as a result of someone else’s negligence or harmful act. There are many different types of actions which can result in personal injury. Some of these include:

      • Automobile and Car Accidents
      • Motorcycle Accidents
      • Defective Product Injuries (product liability)
      • Workers Compensation Injuries
      • Wrongful Death
      • Home Accidents
      • Slip and Falls
      • Dog Bites
    • Am I Required to Wear a Motorcycle Helmet?
      Most states have different laws regarding the requirement to wear a motorcycle helmet. Studies suggest that DOT certified helmets significantly reduce the risk of head or brain injuries in the event of an accident or collision. Motorcycle operators should check with their local Department of Safety, Division of Motor Vehicles in their state to inquire whether or not operators and passengers, of all ages, are required to wear a motorcycle helmet in their state and the surrounding states. The Manchester NH motorcycle accident lawyers at Tenn And Tenn, P.A. strongly encourage all New Hampshire motorcycle riders to wear a DOT approved motorcycle helmet.
    • What Bills Are Traditionally Included in a Bodily Injury Claim?
      The term “bodily injury claim” usually refers to a personal injury sustained by an individual. These claims usually involve economic damages and general damages. Economic damages are those damages which usually refer to lost wages, medical bills, rental car expenses, and other direct monetary damages. General damages traditionally refer to pain, suffering, and distress. Before you settle your bodily injury claim, be certain that you are receiving a recovery for all aspects of damages available to you as a result of the injuries you sustained.
    • Can a Healthcare Provider Be Repaid From a Personal Injury Settlement?
      Yes. It is quite common that healthcare providers are paid out of personal injury recoveries. Most health insurance policies now have language which requires the insurance company to be repaid for the amount of money they have advanced or paid on medical bills if the injured person receives a personal injury settlement.
    • Can My Lawyer Settle My Case Without My Consent?
      As a general practice, lawyers traditionally do not settle clients’ cases without their knowledge and consent. However, it is possible that the Fee Agreement you executed with your lawyer allows him or her to settle your case without your consent. It is prudent to always discuss the settlement process with your lawyer, to ensure that you are fully advised of the settlement negotiations in that you wish to have the final say regarding your settlement.
    • Why Should I Hire an Attorney to Assist Me in Resolving My Motorcycle Accident Claim?

      Motorcycle accident injuries are significantly more severe than automobile accident injuries, in most situations. The failure of motorists to "see" motorcyclists causes many motorcycle accidents each year. If you have been involved in a motorcycle accident, you may be facing significant losses. Damage to your motorcycle may be the smallest of your worries as you begin to incur significant medical bills and missed time from work. Even worse, many motorcycle accidents result in a fatality.

      Injured motorcyclists need to contact a skilled motorcycle injury lawyer to assist them with their claim. Insurance companies must be contacted, a police report should be filed, and witnesses need to be gathered and statements accumulated. If you need legal help with your motorcycle accident claim, contact Tenn And Tenn, PA. The motorcycle accident attorneys at Tenn And Tenn, P.A. in Manchester, New Hampshire will help you receive the monetary compensation you deserve.

    • I Was Hit From Behind by a Driver That Had No Insurance at the Time of the Accident. Can I Still Obtain Compensation for My Inju
      If you have uninsured motorist coverage on your own vehicle under your own policy of insurance, you may be able to recover under you own policy. Be sure to contact an attorney for review of your situation. Payment of these types of claims under your policy should not result in an increase in your premium, or a cancellation of your coverage.
    • I’ve Been Injured in an Accident and Don’t Have Medical Insurance to Pay For My Medical Treatment. Who Will Pay For My Medical B
      Your attorney can seek to recover your medical expenses from the individual or company at fault in your accident along with other types of compensation. In many instances, your attorney can recover from your own insurance policy.
    • What Is the Value of My Case?

      Unfortunately, we cannot predict exactly how much money you will win because your recovery depends on your individual circumstances and injuries. We look to a wide variety of factors, such as the severity and permanency of your injury, the amount of your medical expenses, the liability of the defendant, and whether the case is to be tried or settled. At the start of your case, it is often impossible to estimate the value of your claim. Until your case has been fully investigated and your medical condition has stabilized, you should be wary of anyone who tries to tell you the value of your claim at an early stage.

      After Tenn And Tenn, P.A. has completed a thorough investigation of your case, we are in a position to offer our opinion as to the value of your claim. We will discuss any proposed settlement with you, and give you our advice about whether to accept an insurance company’s offer of settlement or to allow a jury to determine the value of your injuries.

    • Will I Hurt the Person I’m Suing by Bringing a Personal Injury Claim?

      Almost all personal injury claims are defended by insurance company lawyers and paid by insurance, so the person or corporation you sue will not necessarily have to pay any money out-of-pocket. A personal injury claim is a civil case, not a criminal case, and the defendant will generally not go to jail because of the claim.

    • Will I Have to Go to Court?

      You will not have to go to court unless your case cannot be settled and must be tried. In New Hampshire, the vast majority of claims are settled before trial; however, because of the many factors involved, it is impossible to predict whether your particular case is one which will be settled or one which must be decided by a jury.

    • What if I Can’t Afford a Lawyer?

      Tenn And Tenn, P.A., in Manchester, New Hampshire, represents its personal injury clients on a contingent-fee basis. If we accept your case, you pay no legal fees unless we are successful in obtaining compensation for you.

    • Is It Ever Too Late to Bring a Claim?

      There are strict statutes of limitations, which prohibit the bringing of old claims. For many claims, these statutes of limitations may be three years, although there are several exceptions both shorter and longer. You should consult a New Hampshire lawyer as soon as you are aware that you have been injured. Even if you were injured some time ago, you may still be able to bring a claim. Failing to file a personal injury lawsuit within the statute of limitations will cause the claim to expire and you will not receive any compensation for your injuries.

    • Why Should I Bring a Personal Injury Claim?
      If you are injured through the fault of someone else, you are entitled under New Hampshire law to full, fair and adequate compensation for your injuries.
    • What if I Am Contacted by an Insurance Company or an Investigator?
      You should not discuss your injury or the way in which it happened with anyone until you have consulted a New Hampshire attorney. These statements might be incorrect, incomplete, taken out of context, or be harmful to your case at a later date. Do not file any written reports or descriptions, sign any papers, or agree to any settlement, as this may affect your ability to recover full compensation for your injuries.
    • If I Suffer an Injury What Should I Do First?

      Seek medical attention. If you are injured, your health must be your initial concern. Obtain medical treatment as soon as possible. Do not take any unnecessary risks to your health after an accident or injury.

      If you or someone in your family has been injured, you should seek legal advice as quickly as possible thereafter to see if you have a New Hampshire claim for personal injury. The cause of an injury may not always be obvious, and there may be one or more parties responsible for the injury. Tenn And Tenn, P.A. in Manchester, New Hampshire, can help determine the cause of an injury, and whether someone is legally responsible for the injury.

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