OUI laws and DWI laws. In a 2-1 split decision today, the Massachusetts Appeals Court issued an opinion that will effect a large number of Massachusetts drivers who receive license suspensions or revocations based on out of state DWI, DUI or OUI convictions. The case is DiGregorio v. Registrar of Motor Vehicles. In DiGregorio's case, he got convicted once in Massachusetts in 1997, then in Connecticut in 2000 and again in Connecticut in 2004. The Massachusetts Registry of Motor Vehicles did not find out about the Connecticut DWI convictions until December of 2007. The RMV notified DiGregorio that effective January of 2008, his Massachusetts driving rights were suspended until 2016, based on his having 3 OUI convictions. DiGregorio appealed the Registry's action, and argued successfully before the Appeals Court that the eight years should have begun on the date of his last Connecticut court revocation, namely eight years from 2004. Therefore he will get his eligibility to be licensed back again in 2012, rather than 2016 as the Massachusetts Registry had argued, and as their practice has been.
The Registry's long standing practice of initiating the minimum revocation period for out of state suspensions when the RMV receives notice, was therefore overturned by the Appeals Court. This should advance the drivers license restoration eligibility for a large number of drivers with out of Commonwealth DWI/DUI convictions.
New Hampshire DWI laws. Call Salem, New Hampshire criminal defense Attorney Mark Stevens today at 1-603-893-0074 for a free consultation for your New Hampshire DWI or "aggravated DWI" charges.
Call Today! 1-603-893-0074
New Hampshire DWI Attorney Mark Stevens
Visit our website for more information:
http://www.byebyedwi.com
Representing clients in all New Hampshire courts: Candia District Court, Claremont District Court, Concord District Court, Conway District Court, Derry District Court, Dover District Court, Exeter District Court, Goffstown District Court, Hampton District Court, Henniker District Court, Hooksett District Court, Jaffrey-Peterborough District Court, Keene District Court, Laconia District Court, Lebanon District Court, Manchester District Court, Merrimack District Court, Milford District Court, Nashua District Court, Newport District Court, Plaistow District Court, Ossipee District Court, Plymouth District Court, Portsmouth District Court, Rochester District Court, Salem District Court. http://www.byebyedwi.com">
Thursday, February 17, 2011
Saturday, February 12, 2011
Your Privacy Rights Under Attack Again in New Hampshire-This Time It's HB 546
Your privacy rights have come under attack again in New Hampshire, this time from the House of Representatives in the form of House Bill 546. This bill would eliminate cell phone use while driving (your cup of coffee may be safe until the next legislative session). The bill contains an even more onerous provision though: it allows a police officer who stops you to give you the $100.00 fine that this law would impose, to search your cell phone. That's right, he can see who you've been talking to, texting, tweeting, facebooking, or anything else you thought was private. It won't be private if this law passes.
I have included the language of this creepy proposed law below. Note that the legislators who sponsored the bill want to give the cops permission to search your cell phone without a warrant under this proposed law. The cop can simply search your cell phone if he feels like it or if he has nothing better to do. And it is a fair assumption that a cop who stops you for this type of infraction alone may not have anything better to do than nose around your phone.
Here is the language of the bill in italics:
HOUSE BILL 546
AN ACT relative to the use of hand-held cellular phones while driving.
SPONSORS: Rep. Pantelakos, Rock 16; Rep. Hofemann, Straf 6; Rep. Welch, Rock 8; Rep. Swinford, Belk 5
COMMITTEE: Transportation
ANALYSIS
This bill prohibits the use of hand-held cellular phones while driving a motor vehicle.
Explanation: Matter added to current law appears in bold italics.
11-0029
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the use of hand-held cellular phones while driving.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Rules of the Road; Prohibited Uses of Cellular Phones While Operating a Motor Vehicle. Amend RSA 265 by inserting after section 105-a the following new section:
265:105-b Prohibited Uses of Cellular Phones While Operating a Motor Vehicle. No person shall operate a motor vehicle on a public way while using any type of hand-held cellular telephone to engage in a call while such vehicle is in motion. An operator of a motor vehicle who holds a cellular telephone to, or in the immediate proximity of, his or her ear while such vehicle is in motion, is presumed to be engaging in a call within the meaning of this section. This limitation shall not prevent persons from using “hands-free” mobile telephones, if they do not require hand-held operation. A police officer charging a person with violating this section is authorized to examine the person’s cellular phone in order to verify the time of the call. Any person who violates this section shall be subject to a fine of $100.
2 Effective Date. This act shall take effect January 1, 2012.
This bill is not a done deal yet though. You should let your representatives know how you feel about a law that allows the cops to search your cell phone because they saw it near your ear, or even whether you think cell phone users should be barred from the safe use of their phones at all. If the thought of cops searching your cell phones bothers you, you should make sure to let your representative know that your rights matter to you, and do so before they jack-hammer your Constitutional rights away again.
If you would like to talk about this on the radio this is one of the topics we'll be discussing on my radio show on WCCM AM 1190 at 9:00 a.m. on Thursday, February 17th.
New Hampshire DWI laws. Call Salem, New Hampshire criminal defense Attorney Mark Stevens today at 1-603-893-0074 for a free consultation for your New Hampshire DWI or "aggravated DWI" charges.
Call Today! 1-603-893-0074
Mark Stevens
I have included the language of this creepy proposed law below. Note that the legislators who sponsored the bill want to give the cops permission to search your cell phone without a warrant under this proposed law. The cop can simply search your cell phone if he feels like it or if he has nothing better to do. And it is a fair assumption that a cop who stops you for this type of infraction alone may not have anything better to do than nose around your phone.
Here is the language of the bill in italics:
HOUSE BILL 546
AN ACT relative to the use of hand-held cellular phones while driving.
SPONSORS: Rep. Pantelakos, Rock 16; Rep. Hofemann, Straf 6; Rep. Welch, Rock 8; Rep. Swinford, Belk 5
COMMITTEE: Transportation
ANALYSIS
This bill prohibits the use of hand-held cellular phones while driving a motor vehicle.
Explanation: Matter added to current law appears in bold italics.
11-0029
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the use of hand-held cellular phones while driving.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Rules of the Road; Prohibited Uses of Cellular Phones While Operating a Motor Vehicle. Amend RSA 265 by inserting after section 105-a the following new section:
265:105-b Prohibited Uses of Cellular Phones While Operating a Motor Vehicle. No person shall operate a motor vehicle on a public way while using any type of hand-held cellular telephone to engage in a call while such vehicle is in motion. An operator of a motor vehicle who holds a cellular telephone to, or in the immediate proximity of, his or her ear while such vehicle is in motion, is presumed to be engaging in a call within the meaning of this section. This limitation shall not prevent persons from using “hands-free” mobile telephones, if they do not require hand-held operation. A police officer charging a person with violating this section is authorized to examine the person’s cellular phone in order to verify the time of the call. Any person who violates this section shall be subject to a fine of $100.
2 Effective Date. This act shall take effect January 1, 2012.
This bill is not a done deal yet though. You should let your representatives know how you feel about a law that allows the cops to search your cell phone because they saw it near your ear, or even whether you think cell phone users should be barred from the safe use of their phones at all. If the thought of cops searching your cell phones bothers you, you should make sure to let your representative know that your rights matter to you, and do so before they jack-hammer your Constitutional rights away again.
If you would like to talk about this on the radio this is one of the topics we'll be discussing on my radio show on WCCM AM 1190 at 9:00 a.m. on Thursday, February 17th.
New Hampshire DWI laws. Call Salem, New Hampshire criminal defense Attorney Mark Stevens today at 1-603-893-0074 for a free consultation for your New Hampshire DWI or "aggravated DWI" charges.
Call Today! 1-603-893-0074
Mark Stevens
Wednesday, February 2, 2011
Zip It ! by New Hampshire Defense Lawyer Mark Stevens
Remember when the cops want to talk to you, Zip it!!!!
New Hampshire DWI laws. Call Salem, New Hampshire criminal defense Attorney Mark Stevens today at 1-603-893-0074 for a free consultation for your New Hampshire DWI or "aggravated DWI" charges.
Call Today! 1-603-893-0074
Mark Stevens
New Hampshire DWI laws. Have you been arrested for "driving while intoxicated" in New Hampshire? It's important to know what to do before you are under the pressure of an unwanted encounter with the police. Feel free to contact me for a free consultation about your case. My phone number is 1-603-893-0074. I look forward to speaking with you.
Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com
Representing clients in all New Hampshire courts: Candia District Court, Claremont District Court, Concord District Court, Conway District Court, Derry District Court, Dover District Court, Exeter District Court, Goffstown District Court, Hampton District Court, Henniker District Court, Hooksett District Court, Jaffrey-Peterborough District Court, Keene District Court, Laconia District Court, Lebanon District Court, Manchester District Court, Merrimack District Court, Milford District Court, Nashua District Court, Newport District Court, Plaistow District Court, Ossipee District Court, Plymouth District Court, Portsmouth District Court, Rochester District Court, Salem District Court. http://www.byebyedwi.com">
Have a safe week,
Mark
New Hampshire DWI laws. Call Salem, New Hampshire criminal defense Attorney Mark Stevens today at 1-603-893-0074 for a free consultation for your New Hampshire DWI or "aggravated DWI" charges.
Call Today! 1-603-893-0074
Mark Stevens
New Hampshire DWI laws. Have you been arrested for "driving while intoxicated" in New Hampshire? It's important to know what to do before you are under the pressure of an unwanted encounter with the police. Feel free to contact me for a free consultation about your case. My phone number is 1-603-893-0074. I look forward to speaking with you.
Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com
Representing clients in all New Hampshire courts: Candia District Court, Claremont District Court, Concord District Court, Conway District Court, Derry District Court, Dover District Court, Exeter District Court, Goffstown District Court, Hampton District Court, Henniker District Court, Hooksett District Court, Jaffrey-Peterborough District Court, Keene District Court, Laconia District Court, Lebanon District Court, Manchester District Court, Merrimack District Court, Milford District Court, Nashua District Court, Newport District Court, Plaistow District Court, Ossipee District Court, Plymouth District Court, Portsmouth District Court, Rochester District Court, Salem District Court. http://www.byebyedwi.com">
Have a safe week,
Mark
William Pitt, the Elder, Bad Weather & The Right to Be Free
Whenever we are faced with a bad storm like we are now, a famous speech from William Pitt, the elder, can be refreshing. Mr. Pitt made these remarks on March 10, 1763 regarding the freedom of man in his home from warrantless entries by the British government at the time. At the time Mr. Pitt was arguing against the searches being made to prosecute alleged violators of the infamous Cider Tax:
“The poorest man may, in his cottage, bid defiance to all the force of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England may not enter. All his force dare not cross the threshold of the ruined tenements.”
New Hampshire DWI laws. Call Salem, New Hampshire criminal defense Attorney Mark Stevens today at 1-603-893-0074 for a free consultation for your New Hampshire DWI or "aggravated DWI" charges.
Call Today! 1-603-893-0074
Mark Stevens
New Hampshire DWI laws. Have you been arrested for "driving while intoxicated" in New Hampshire? It's important to know what to do before you are under the pressure of an unwanted encounter with the police. Feel free to contact me for a free consultation about your case. My phone number is 1-603-893-0074. I look forward to speaking with you.
Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com
Representing clients in all New Hampshire courts: Candia District Court, Claremont District Court, Concord District Court, Conway District Court, Derry District Court, Dover District Court, Exeter District Court, Goffstown District Court, Hampton District Court, Henniker District Court, Hooksett District Court, Jaffrey-Peterborough District Court, Keene District Court, Laconia District Court, Lebanon District Court, Manchester District Court, Merrimack District Court, Milford District Court, Nashua District Court, Newport District Court, Plaistow District Court, Ossipee District Court, Plymouth District Court, Portsmouth District Court, Rochester District Court, Salem District Court. http://www.byebyedwi.com">
Have a safe week,
Mark
“The poorest man may, in his cottage, bid defiance to all the force of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England may not enter. All his force dare not cross the threshold of the ruined tenements.”
New Hampshire DWI laws. Call Salem, New Hampshire criminal defense Attorney Mark Stevens today at 1-603-893-0074 for a free consultation for your New Hampshire DWI or "aggravated DWI" charges.
Call Today! 1-603-893-0074
Mark Stevens
New Hampshire DWI laws. Have you been arrested for "driving while intoxicated" in New Hampshire? It's important to know what to do before you are under the pressure of an unwanted encounter with the police. Feel free to contact me for a free consultation about your case. My phone number is 1-603-893-0074. I look forward to speaking with you.
Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com
Representing clients in all New Hampshire courts: Candia District Court, Claremont District Court, Concord District Court, Conway District Court, Derry District Court, Dover District Court, Exeter District Court, Goffstown District Court, Hampton District Court, Henniker District Court, Hooksett District Court, Jaffrey-Peterborough District Court, Keene District Court, Laconia District Court, Lebanon District Court, Manchester District Court, Merrimack District Court, Milford District Court, Nashua District Court, Newport District Court, Plaistow District Court, Ossipee District Court, Plymouth District Court, Portsmouth District Court, Rochester District Court, Salem District Court. http://www.byebyedwi.com">
Have a safe week,
Mark
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