Are Sobriety Checkpoints Legal in New Hampshire?

Even though sobriety checkpoints can be frustrating for drivers to experience, they are completely legal in the state of New Hampshire. If you are unsure as to why or how these checkpoints are conducted, this article is for you. Read further to find out more about what to expect at sobriety checkpoints and how and why police are able to conduct these random stops legally.

Laws Officers Must Follow Guidelines at Sobriety Checkpoints in New Hampshire

Police can conduct sobriety checkpoints in the state of New Hampshire as long as they follow state guidelines for setting up the checkpoints. The guidelines were developed by NHTSA (National Highway Traffic Safety Administration). NHSTA has a report that states the guidelines and protocols for legally conducting a sobriety checkpoint. The guidelines state that police should provide advance notice to the public of where and when the sobriety checkpoint will take place. There must also be approval from a local judge in order for the police department to conduct the sobriety checkpoint, and the officers have to follow all the guidelines set in place by the courts of New Hampshire in regards to what takes place at the checkpoints.

What Happens at a Sobriety Checkpoint in New Hampshire?

If you find yourself at a sobriety checkpoint in New Hampshire, here is what you can expect. It is the goal of the sobriety checkpoints to decrease drunk driving and prevent accidents and DUI and DWI incidents. They usually take place in heavily trafficked areas or on busy holidays. A police offer will approach your vehicle and ask to see your license and registration. He/she will ask you a few routine questions such as where you are going or where you have been, if you have been drinking, etc. Hopefully, that is the extent of the sobriety checkpoint for you. However, if the officer suspects that you have been drinking or using drugs, you will be asked to step out of the car for a sobriety test or breathalyzer. In the state of New Hampshire, the police have access to a DUI Mobile Command Center which is equipped with state of the art sobriety testing equipment for field tests and breath or blood alcohol testing. If you fail the tests you could face arrest and be taken into custody.

Benefits to Hiring an Experienced DUI Lawyer in NH

If you find yourself at a sobriety checkpoint and are at risk of being identified as driving drunk or facing DUI or DWI charges, you will need a DUI lawyer to help you through this difficult time. It is likely that you will face jail time, license suspension, and other life changing consequences. Having a DUI lawyer on your side that is knowledgeable about New Hampshire DUI laws can make a major difference in the outcome of your case. If you or someone you know is being charged with DUI or DWI, contact a New Hampshire DUI lawyer today to discuss your case. You will be thankful you did.


By Joseph Annutto

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A Message to New Hampshire Parents about Heroin/Fentanyl Addiction

Heroin and Substance Abuse in New Hampshire

The state of New Hampshire has always been hailed as one of the most peaceful and idyllic places in the nation.  But recently, this has been marred by unsettling news about a spike in heroin addiction and overdoses; there is no denying that a heroin epidemic is plaguing the state.
 Deaths attributed to heroin addiction are at alarming levels.  Last year, there are about 300 deaths due to drug overdoses, some of which are due to heroin.   And just in the month of September this year, there have been 75 overdoses and eight deaths just in Manchester alone.  Addicts’ ages ranged from 16 to 69.  Overdose victims were found everywhere -- hotels, restaurants, parking areas, public buildings, and even motor vehicles. 

And it’s not only about deaths of drug users but also other serious consequences that may resort from drug use as well as being arrested and charged with drug possession in NH.  Oftentimes, drug users who drive can cause serious or even fatal road accidents.  They disrupt the peace around the neighborhoods.  They don’t function effectively at school and on the job.

Heroin - Nature and Effects

Heroin in particular has been cited as one of the most used drugs in the area.  It appears as a white or brown power, or even as black tar in big blocks.  It is acquired on the street in mixed form, usually with sugar, starch, powdered milk, or other drugs (usually poisonous varieties). It can be taken intravenously or smoked through a pipe or straw.

Heroin users typically feel a surge of extreme pleasure (referred to as a rush).  It temporarily relieves the user from depression.  The intensity depends on how much was consumed.  Oftentimes, heroin users aren’t aware of the exact intensity or strength of the heroin they purchase on the street.  The users may be injecting heroin doses that are fatal. 

Prolonged heroin use has debilitating effects.  On the short term, heroin causes shallow breathing, clouded mental function, and uncontrollable itching. But the more long-term and serious effects are pneumonia, heart disease, blood clots, bacterial infections, liver disease, arthritis, seizures, HIV, and Hepatitis B and C (from sharing needles).  If not properly treated, these can eventually lead to death. 

Treating heroin abuse and addiction is not easy.  Heroin detox must be done by a highly specialized doctor who is experienced in opiate detox and withdrawal.  Detox and treatment can never be done at home because the results could be fatal.

Coping with Heroin Addiction

Probably the only most effective strategy against heroin addiction is prevention.  Talk to your loved ones about the dangers of heroin and other addictive substances.  Be supportive of their needs so that they won’t resort to taking dangerous drugs just to cope with problems.  Give them quality time and a listening ear so that they have a way to vent frustrations. Keep a close watch on their activities and behavior.  Advise them about choosing their friends carefully. 

You must also be able to detect symptoms of addiction early.  Heroin acts fast on a person’s system.  There’s a feeling of euphoria in a matter of seconds after injection.  The user’s mouth will dry out and the skin will flush.  Pupils will be constricted.  His level of alertness destabilizes as he falls in and out of wakefulness.  Breathing is slowed, and this could also lead to death.  The user may also lose some memory and decision-making abilities. The person also experiences itching, nausea, and vomiting.  Bowel movements may be constricted.  Immunity levels are affected and the person is very prone to illness. 

If any of your loved ones are suffering from heroin addiction, you should consult professional help immediately.  Talk to your family practitioner and ask for recommendations about reliable treatment centers. 

And if your child has been criminally involved in a drug-related incident which can lead to a misdemeanor, such as drug possession or driving under the influence of drugs, then it would be beneficial to consult with a New Hampshire criminal lawyer.




By Joseph Annutto



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4 Tips to Help Protect Your Finances During a Divorce in NH

One of the biggest obstacles to overcome during a divorce is finances. Money can be a big issue of contention when it comes to finalizing a divorce in New Hampshire, so it is important to know what to do if you are faced with filing for divorce. Your finances should be protected so you are ready to start a new life once the divorce has been finalized. Below are a few tips to follow to ensure that your financial situation is secure.
 
Gather and Copy Financial Documents

To begin, you need to gather all financial information that applies to you and your spouse for the past few years. It is recommended to cover as much as five years to ensure that documentation is in place for financial issues that could arise. Bank statements, property records, investments and payroll stubs are just a few of the documents that need to be gathered and copied. Keep the paperwork in a secure place such as a safe deposit box and not in the home.

Create Individual Accounts

In most marriages, the couple has joint bank accounts or credit cards. When getting a divorce, the accounts need to be separated. You will need to have a bank account with just your name so you can begin to place paychecks and prepare for life after the divorce. Close any joint credit card accounts as well so you will not be responsible for any charges that you did not approve.

Credit Score

Your credit score is very important and something that should be watched during a divorce. Your credit score can be affected by closing credit card accounts or creating new accounts on your own. Take time to review your credit score during your divorce as well as after. You want to ensure that your credit rating stays in good standing so that you do not have issues with your credit in your future. When there is contention in the marriage, it is important to keep track of your score in case your soon-to-be ex makes charges in your name. This is something that does occur and an issue that your attorney can assist you with.

Consult with an Experienced Attorney

To ensure that you make the right decisions financially during your divorce proceedings, it is recommended that you consult with an attorney. An experienced New Hampshire divorce attorney will understand the law and can provide advice on what you need to do in terms of financial decisions. Attorneys know what not to do and how to make changes to your financial situation that will be appropriate for your divorce proceedings as well as in the future.

Consult with an attorney to have your individual case heard so the right decisions can be made for your future. Provide paperwork and describe your situation to the attorney to get advice on the steps you need to take to begin your divorce as well as make decisions in regards to handling finances. By working with an attorney, no mistakes will be made and you can begin your new life on the right track.

By Joseph Annutto

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What is The New Pokémon GO Craze All About in NH?

Pokémon GO Safety Tips in NH?

At some point or another, we have all heard somebody more responsible than us utter the familiar phrase, “It’s all fun and games until someone gets hurt!” Well, in the case of the new Pokémon Go app, that seems to literally be the case.  Even though the game was released over two weeks ago, the Pokémon Go craze shows no signs of slowing down anytime soon. The concept seems simple enough and the creator company has found tremendous success by combining the virtual game world with reality. The app’s official website touts that, “With Pokémon GO, you’ll discover Pokémon in a whole new world—your own! Pokémon GO  . . . will use real locations to encourage players to search far and wide in the real world to discover Pokémon.”
 
Avoid Being Distracted While Searching

It is the searching “far and wide” part that has caused trouble for some players. One player was stabbed in Forest Grove, Oregon while searching for a Pokémon (and continued to play after being stabbed). A crowd of stampeding players descended upon Central Park in New York when one of the game’s rare creatures suddenly appeared on mobile screens. Several people across the country have gotten into car accidents because they were looking at their phones instead of where they were going. Several kids have fallen off of skateboards, bikes and into ditches in their quest for creatures. Some players literally have fallen off cliffs. And this is just a sampling of what has been going on.

These crazy things are happening right here in New Hampshire in cities like Nashua and Manchester. On a scorching Friday afternoon, players can be seen walking down the sidewalks gripping their phones tightly with their eyes glued to the screens.

Play Responsibly and Beware of Other Players

Tips for playing the game safely are pretty straightforward: Parents, make sure you know what your kids are doing and where they are going; Kids, play the game with a buddy or in groups and do not venture out by yourself; Do not attempt to drive a car, ride a bike or a skateboard while playing the game; Watch where you are walking; Do not go places you would not normally go if you were not playing the game; Check in regularly with your parents or friends; and Refrain from trespassing on people’s property!

With respect to legal issues . . . be aware that injuring someone while you are playing the game is very likely negligence and could easily result in a lawsuit.
Telling the officer that you didn’t see that girl in the crosswalk because you were playing Pokémon is not going to go over well at all. Distracted driving is a serious matter than can land you in a world of trouble.

If you have been injured by someone that was playing Pokémon at the time, you may have a case and should contact a New Hampshire personal injury lawyer to discuss the facts.



By Joseph Annutto


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Avoid Auto Accidents & Injury - Labor Day Safety Tips in NH

Top Causes of Accidents Each Labor Day

The National Safety Council is reporting that traffic fatalities are at an all-time high as the percentage of accidents taking place continues to increase. The state of New Hampshire actually ranks 3rd in the list of the largest increase among driving fatalities. The study has found that the increase in fatalities due to car accidents is due to the economy improving and travel picking up within the last two years.
This year alone, as many as 19,100 individuals were killed from January to June. This is an 18% increase from just two years ago for the same time frame. As the Labor Day weekend draws near, the council is predicting that over 400 people will be killed on the roadways.

Holiday Driving Safety Tips

As a driver or passenger, you want to stay safe this Labor Day holiday. It is important to understand the causes behind such fatal accidents so you can avoid them. Below are a few tips to follow in regards to your own driving as well as the driving of others.

•    Avoid driving over the speed limit
•    Do not text and drive
•    Watch out for erratic drivers
•    Avoid aggressive drivers, slow down and allow such drivers to pass
•    Distracted driving is a big no-no. Always keep your hands on the wheel and pay attention to other motorists.

When you see a driver acting erratically or feel unsafe on the roadways, take an alternate route home. You want to stay safe and other drivers may not have your safety in mind. Avoid taking major highways during the Labor Day weekend to avoid drunk drivers or aggressive speeders. If you can, avoid driving altogether so you do not face the potential of being in a fatal car wreck.
This Labor Day is set up to be a dangerous one based on statistics. With fatalities during car accidents continuing to be on the rise, it is recommended that drivers avoid the roadways late at night or only travel when needed. As everyone gets out on the road during the holiday, traffic can become congested which can lead to aggressive behavior or other issues.

What to Do if Involved and Injured in an Automobile Accident

If you find that you are subject to a traffic accident, consult an attorney. Be sure that you are covered based on insurance purposes as well as liability. An attorney in New Hampshire with experience in traffic accidents and injuries will be able to help you build a case if there is a need.


By Joseph Annutto


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What is Revenge Porn? Now a Felony in New Hampshire

In New Hampshire, “Revenge Porn” is Now a Felony

Most of us know that you must be very careful with what you say or post on the Internet because you never know when it might came back to bite you. There are countless stories of underage co-eds who post party pictures only later to face law enforcement. Then there are employees who post images of questionable taste and later have to face angry employers. Potential careers are ended before they even begin due to particular images that are out there in cyber space. While many of these unfortunate images are posted voluntarily, many are not – including those depicting very private moments.

Be Careful What You Share

Because of today’s ever-evolving technology and the seemingly endless obsession with social media, information is spread across the Internet at breakneck speed. News, photographs, videos, status updates and messages can travel around the globe within seconds.

And, with respect to sexual images and videos, the display to the public is the last thing that many depicted individuals want. 

In fact, the vast majority of people who are depicted in sexual photographs and videos (either willingly or unknowingly) would do just about anything to keep those images private. However, sometimes relationships turn bad and the “keeper” of the images may have less than honorable intentions and do the unthinkable – share the images with others WITHOUT the consent of those depicted in the images.

This nonconsensual sharing of private sexual images, often referred to as “revenge porn,” is becoming more frequent and the victims include those from moms and teachers to celebrities, sports stars and politicians. 90% of victims are women. These images and videos most frequently are distributed through social media sites, email and text messages. Even if the images are quickly deleted, once they are out in cyberspace, they are out there for good.

The good news is that a growing number of states, including New Hampshire, are taking serious action to protect those who wish to keep their sexual images private.

New Hampshire has joined 26 other states in making revenge porn a felony offense. The newly-enacted law states that “the act of purposely sharing, with the intent to harass, intimidate, threaten or coerce the depicted person” is no longer a misdemeanor, but a Class B felony.
 
New Bill Signed in New Hampshire Law

New Hampshire’s governor, Maggie Hassan, signed the bill into law in May and received support from both Republicans and Democrats. Hassan stated that, “In an increasingly technological world, there are new threats to the privacy and security of our citizens, including the [sharing] of private sexual images without consent, a practice that is harmful and immoral. By making it a felony to disseminate private sexual images of another individual without their consent, [the new law] is a common-sense step forward in our efforts to protect and maintain the privacy of Granite Staters.”


By Joseph Annutto



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Staying Safe on New Hampshire Highways During the Fourth of July Weekend

Holidays are memorable times of the year, when families and friends come together and engage in cookouts, firework displays, and alcohol consumption. These celebrations tend to bring out the best and the worst behaviors in most people, usually drivers. The 4th of July commemorates the Independence Day, and many drivers take their celebration of Independence to the highways of New Hampshire. Safety is not a major concern of someone intoxicated or impaired behind the steering wheel. Millions of people are injured or killed on the highways, during national holidays; especially, around the Fourth of July weekend.
Drinking and driving, and setting off fireworks are a deadly combination, but there are ways to avoid becoming a statistic and a victim. Here are three tips to staying safe, and avoid DUI in New Hampshire during the Fourth of July weekend.

Safety Tips 

1.    Do not drink and drive - vision and reflexes are impaired, and reaction time is slow. Drinking affects judgement, and coordination. These are the skills needed to make good driving decisions.
2.    Designate a driver or call a taxi service - know your limitation. Never drink and sit behind the wheel of a vehicle, after consuming two or more drinks. With each drink consumed the alcohol levels in the bloodstream increases.
3.    Buckle up - drivers and passengers without seatbelts are ejected from the vehicle, during impact. For safety reasons, and to preserve life, remember to wear a seatbelt, always.

Alcohol affects drivers in different ways, depending on their alcohol level in their bloodstream. Some drivers pass out behind the steering wheel, which puts not only their life, but also others, life in danger. Statistics shows that alcohol impaired drivers in New Hampshire account for a large percentage of deaths, injuries, hospital care, emergency services, and legal proceedings.

A Collective Action Issue Brief # 6- September 2014 provides the following information about (IMPAIRED DRIVING IN NH). According to this information: 

•    More than 300,000 people drive drunk each day
•    About 1/3 of all impaired drivers are repeat offenders
•    Nearly half of the drivers killed in collisions were under the influence of drugs or alcohol
•    Drunk driving is highest among drivers age 21- 25 (23.4)
•    Males are more likely to drive drunk than females

The information above does not reflect the total number of DUI arrests, injuries, or deaths associated with drivers in New Hampshire.

New Hampshire statistics are as follows: 

•    Every three out of fours arrests for DWI are males
•    Most arrests for DWI occur during the weekends
•    Majority of arrests for DWI occurs between 12 midnight and 3 AM.

Stay Safe While Traveling

Driving out of town or in town is dangerous during certain hours of the day, especially during the Fourth of July. People are rushing to get on the highway, or beat the traffic on the interstate. This accounts for most accidents, and injuries. The best way to stay safe is to not drink and drive, do not speed, and keep a look out for impaired drivers. Be sure to gas up, and get the vehicle serviced, before getting on the highways.

By Joseph Annutto

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Hurt On The Job in Nashua New Hampshire? You May Be Compensated

Construction Accident Laws in New Hampshire

Despite the fact that injuries can occur in any line of work, they are more common and more serious in the construction industry compared to other industries. This is due to the nature of the industry that involves a lot of risks. Just in the same manner employees in other industries have the right of compensation while they recover from injuries, those in the construction field also have rights of compensation if an injury occurs, according to construction injury laws. The most unfortunate thing is that these rights are often ignored not just by the employers, but even the people involved in accidents. The victims can take legal action against the people whose actions lead to their injury.

OSHA and the workers' right to a safe workplace in construction
OSHA (Occupational Safety and Health Act) exists to ensure that workplace hazards are reduced as it promotes safety in the construction industry. Injury lawyers are in the best position to help you understand your rights under OSHA, but having a basic knowledge is also good.

Rights and duties of an employee under OSHA
 
An employee should check if the employer has met available necessary standards, rules, regulations, and requirements in a workplace. He needs to get access to necessary employee exposure and medical records. An employee can request the OSHA area director to conduct an inspection in a workplace in case he is convinced that the conditions in the workplace are hazardous; the inspection should be done by a compliance officer in the presence of an employee representative.

An employee has the right to get a copy of tests and inspections done at a workplace in line with safety. The name of any employee who files a written complaint with OSHA regarding workplace safety should not be shared with an employer. He should not suffer any discrimination or retaliation from an employer in regards to a safety complaint. The employee should review records of injuries and illnesses related to the work.

Responsibilities of the employer under OSHA
 
It is the employer’s duty to ensure that the workplace is free from recognized hazards and should make sure all employees use tools and equipment for safety. It is also his responsibility to ensure that employees are informed of the OSHA safety and health standards related to the place of work.

An employer must place the OSHA official poster that outlines the rights and responsibilities under the OSHA Act, in a prominent place. He should also set up a written and comprehensive hazard communication program, which entails things such as labeling of containers, material safety data sheets, and training program for employees.

The employer should provide the employee with safety training in a language the employee is conversant with. It is the responsibility of the employer to inform employees of where their medical and exposure records are on the day an employee starts working, do the same at least once every year, and upon request by the employee. A construction injury attorney can help you when you are injured in a construction site. 

Suffering an injury while working in a construction site is hard enough, it is important to know your rights and responsibilities in the same. An injury law firm in New Hampshire can assist you with the same, so that you get the right compensation.


By Joseph M. Annutto



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A Message to New Hampshire Parents about Heroin Addiction

Heroin and Substance Abuse in New Hampshire

The state of New Hampshire has always been hailed as one of the most peaceful and idyllic places in the nation.  But recently, this has been marred by unsettling news about a spike in heroin addiction, almost like a heroin epidemic plaguing the state. 
Deaths attributed to heroin addiction are at alarming levels.  Last year, there are about 300 deaths due to drug overdoses, some of which are due to heroin.   And just in the month of September this year, there have been 75 overdoses and eight deaths just in Manchester alone.  Addicts’ ages ranged from 16 to 69.  Overdose victims were found everywhere -- hotels, restaurants, parking areas, public buildings, and even motor vehicles. 

And it’s not only about deaths of drug users but also other serious consequences that may resort from drug use.  Oftentimes, drug users who drive can cause serious or even fatal road accidents.  They disrupt the peace around the neighborhoods.  They don’t function effectively at school and on the job.

Heroin - Nature and Effects

Heroin in particular has been cited as one of the most used drugs in the area.  It appears as a white or brown power, or even as black tar in big blocks.  It is acquired on the street in mixed form, usually with sugar, starch, powdered milk, or other drugs (usually poisonous varieties). It can be taken intravenously or smoked through a pipe or straw.
Heroin users typically feel a surge of extreme pleasure (referred to as a rush).  It temporarily relieves the user from depression.  The intensity depends on how much was consumed.  Oftentimes, heroin users aren’t aware of the exact intensity or strength of the heroin they purchase on the street.  The users may be injecting heroin doses that are fatal. 

Prolonged heroin use has debilitating effects.  On the short term, heroin causes shallow breathing, clouded mental function, and uncontrollable itching. But the more long-term and serious effects are pneumonia, heart disease, blood clots, bacterial infections, liver disease, arthritis, seizures, HIV, and Hepatitis B and C (from sharing needles).  If not properly treated, these can eventually lead to death. 
Treating heroin abuse and addiction is not easy.  Heroin detox must be done by a highly specialized doctor who is experienced in opiate detox and withdrawal.  Detox and treatment can never be done at home because the results could be fatal.
 
Coping with Heroin Addiction

Probably the only most effective strategy against heroin addiction is prevention.  Talk to your loved ones about the dangers of heroin and other addictive substances.  Be supportive of their needs so that they won’t resort to taking dangerous drugs just to cope with problems.  Give them quality time and a listening ear so that they have a way to vent frustrations. Keep a close watch on their activities and behavior.  Advise them about choosing their friends carefully. 

You must also be able to detect symptoms of addiction early.  Heroin acts fast on a person’s system.  There’s a feeling of euphoria in a matter of seconds after injection.  The user’s mouth will dry out and the skin will flush.  Pupils will be constricted.  His level of alertness destabilizes as he falls in and out of wakefulness.  Breathing is slowed, and this could also lead to death.  The user may also lose some memory and decision-making abilities. The person also experiences itching, nausea, and vomiting.  Bowel movements may be constricted.  Immunity levels are affected and the person is very prone to illness. 

If any of your loved ones are suffering from heroin addiction, you should consult professional help immediately.  Talk to your family practitioner and ask for recommendations about reliable treatment centers. 

And if your child has been involved in a drug-related misdemeanor, such as DUI, you should seek the services of a competent criminal lawyer in the state of New Hampshire.


By Joseph.Annutto


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Can My Facebook Be Used as Evidence Against Me in a Divorce? NH Divorce Lawyer

Is Social Media Evidence Admissible in a Divorce Case?

Many factors have to be taken into account before content on social media is used as evidence in court. But yes, your Facebook posts can serve as evidence against you in court. In fact, Facebook has become so weighty in divorce issues such that the first advice most lawyers give to their clients is to avoid social media during divorce proceedings.

Before we go to specific examples, below are the three main conditions that evidences from social media must meet before they are considered admissible in court:

Relevance

The evidence in question must have some weight on the case. In other words, it should be able to influence the ruling if it is admitted. It is upon the person presenting the evidence to show that it is relevant. If the antagonist is able to convince the court that such evidence is not necessary, it will be rendered invalid, whether it is true or not.

Traceability

It should be possible to find source of the evidence if need be. In private sites where posts can be instantly and completely deleted from the system, it is not easy to trace them after such actions.

In Facebook, however, content on walls can still be recovered months after you’ve pressed the “delete” button. In addition, if another person shared the content on their own wall, you cannot delete it from there since you no longer have rights over it.

Also, note that, if it can be proven that you removed content from your wall with intent to hide it from the court and influence ongoing proceedings, you might face charges of spoliation.

Lawful

All evidence collection must be done lawfully. This means that your private inbox cannot be accessed without your consent. However, Facebook walls are considered public hence any evidence acquired from there is admissible, provided it can be traced to you.

Of importance to note is that you don’t have to be the author of a post for it to be used against you; if a friend tags you in a post and you allow it to display on your wall, some jurisdictions will pin responsibility on you.

Instances where Facebook may work against you

Let’s use the example of child custody and support claims: You are trying to convince the court that you are a responsible parent. Suddenly, your (former) partner reveals a Facebook post in which you swore how you drank till you blacked out. Worse, a friend attaches pictures or videos of you gulping down bottles.

Another example is when you claim that you are broke yet, on your wall, there are recent pictures of you shopping overseas or staying in expensive hotels.

Fortunately, all hope is not lost when you act early. If you think that there is something that you shared on your wall that might affect your leverage in divorce proceedings, tell your lawyer immediately about it. There are loopholes that experienced family law attorneys may pursue to significantly reduce the impact of such facts.

By Joseph Annutto

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Safe Driving Tips for St. Patrick’s Day - Avoid DUI in NH

Safe Driving Habits for St. Patrick’s Day

Every 17th of March, the Irish as well as Irish-at-heart celebrate the patron saint of Ireland. The holiday began as a religious feast day and has now turned in to a cultural celebration where individuals enjoy beer, special foods, parades and the color green. Celebrations can easily get out of hand when there is alcohol involved, meaning individuals must ensure they remain safe while enjoying the holiday. Learning safe driving habits is key to enjoying St. Patrick’s Day while remaining secure. Below are a few tips to help you stay clear of any unnecessary accidents during parades or a night out on the town.

Plan Your Evening

To get started, you will need to plan your evening. Several states around the US offer St. Patrick’s Day celebrations, including New Hampshire. Find local parades, festivals and restaurants who may be offering festivities. You may find local pubs and bars offering a pub crawl or unique drinks to celebrate the holiday that you may like to try. Figure out what you wish to do so you have a solid plan for the evening.

Designated Driver 

Once you know where you want to go, you need to figure out how you will get there. If you will be drinking, consider finding a designated driver. You want to avoid getting a DUI or your friends getting a DUI in New Hampshire. Take the time to find a friend or family member who might want to go out for the holiday and be willing to drive. Offer to pay for food or drinks, even gas, so that the designated driver can be compensated for not getting to drink during the festivities.

Alternative Transportation

If everyone in your party plans on drinking, you will need to find an alternative form of transportation. No one needs to drive after drinking, even having just one beer. You do not want to end up in the drunk tank at the local jail, charged with a DUI. Consider hiring a taxi to pick you up and take you to the venue of choice or perhaps ride in style with a limo. Depending on where you live, you should have at least one or two options to help you move about town. Driving services such as Uber can assist you with transportation as well. Even local bus or shuttle service can be beneficial.

Celebrate at Home

If you really want to stay safe and still have a good time, consider staying in. You can purchase decorations, cook specialty foods and even use food coloring to make beer green. Drink as much as you like with no worry about getting in trouble with the police and having a DUI on record. You will be safe and secure, having fun at home. Invite family and friends over, either finding them transportation home or offering your home for the night so they too can remain free and clear of any DUI charges.

Overall, it is important to plan the evening and stay safe. Make smart decisions so you will not regret the night later!

By Joseph Annutto

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Avoid a DUI - Watch for Sobriety Checkpoints on New Year's in New Hampshire

New Year’s Eve is a great time to get out and celebrate the end of one year and the start to another great one. It is a time that you often go out and party with your friends and other family members, and sometimes things get a little out of hand. Because so many people choose to spend this time enjoying drinks and partying until early in the morning, New Hampshire has set up various sobriety checkpoints throughout the state. These are meant to keep everyone safe on New Year’s, but if you are caught with too much alcohol, it could be a bad ending to your day. Here are some ways to stay safe on the road and not get stopped at your New Hampshire sobriety checkpoint this year.

Have a designated driver

Before you go out, consider picking someone who can be the designated driver. This is someone who will agree to not drink when you are all out and who will make sure that everyone gets home safe. If you get stopped at one of these sobriety checkpoints, they will not have any alcohol on their breath so you won’t have an issue. If you do have a designated driver for this night, treat them right; pay for gas, make sure they have plenty of nonalcoholic beverages, and be nice. They are missing out on some of the fun to make sure you get home safely and with a clean record.

Don’t indulge too much

If you do plan to drive yourself home, don’t indulge in drinking too much. One or two drinks, well before your time of driving home is all you should enjoy. Otherwise you will get stopped and could add something to your permanent record. Don’t just assume you’ll be fine, just don’t drink at all.

Hire a taxi to go home

Sometimes you go out with the best intentions of just seeing a few people and then heading back without drinking. But then the festivities catch up to you and all of a sudden you have had too much to drink. Rather than getting stopped at one of these sobriety checkpoints and getting in trouble, consider calling in a taxi. They can get you home safely and you can go back and get a car later.

Party at a friend’s home

Consider having a party at your home or at a close friends’ home. This is a safe environment and it would be possible to spend the night, or at least a few more hours, rather than going out and driving drunk. Get a plan together beforehand. If you are throwing the party, set up a few beds and let everyone know they are more than welcome to stay the night rather than getting into a car accident while driving. This will help to keep everyone safe and no one will get stopped at a checkpoint and get into even more trouble.

Stay in town

Anytime you have too much to drink, it is best to stay where you are. If you drove into town or a bigger city to party, don’t try and drive home when you have had a few drinks. Consider reserving a hotel and staying the night there. This can be a nice little break or vacation to start the New Year and is going to prevent you from getting stopped along the way.

Sometimes accidents happen on New Year’s and you will get into trouble. Whether you were caught on a sobriety checkpoint in New Hampshire or you were in an alcohol related accident, find a competent criminal DUI attorney in New Hampshire to help you out with these legal situations.

By Joseph M. Annutto

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Drone Use in Interspousal Spying and Divorce - New Hampshire

That tiny model airplane of past decades has evolved into what is known now as a drone.  Drones have been proliferating since 2009 and is widely applied in many areas, including logistics, military surveillance, police investigations, and photography.  

But some people have found other uses for drones, though in not so ethical ways.  They are being used in taking high-resolution photos and videos in order to catch a philandering spouse red-handed.  People who wish to spy on their spouses can either hire a professional drone operator to manipulate the device to capture incriminating evidence against their spouses, or operate the device themselves. The evidence can be a strong factor in receiving a favorable divorce settlement.

Spy Drone Laws

Now comes the question of whether using drones to spy on your spouse is legal.  As with other methods of inter-spousal spying (like wiretapping a phone or activating a hidden camera inside the marital bedroom), this issue is still a gray area.  That is, especially if the spying was activity conducted right in your own home, which is of course within your own area of jurisdiction.  It’s similar to wiretapping your own phone at home in order to catch any conversations made by your spouse to an illicit lover.

Each state has its own laws about inter-spousal spying and what is defined as “invasion of privacy.”  Twelve states including New Hampshire have so-called “all-party consent” where mutual consent between spouses is necessary in communications monitoring. 

If you ever plan on using drones to spy on your own spouse’s activities, be aware that each person is entitled to privacy protection under the law.  You may be accused of stalking, harassment, and trespassing (if the drone surveillance was done at another location).  Your spouse has the right to file these charges against you as a criminal case. 

Marital Torts

Such a case is more known as a marital tort.  Marital torts include any misdemeanors against one’s own spouse, like physical assault and battery, infection with STD, wrongful death, defamation, and rape.  And yes, wiretapping is one of the grounds for a marital tort. 

Marital torts were born out of recognition for women’s civil rights which then negated the traditional “unified marital entity” concept where spouses cannot sue each other.

In New Hampshire, your spouse can take you to court for marital tort if he/she finds out you have been employing a drone to videotape his/her activities in order to gather evidence for divorce proceedings.  You could be asked to pay a fine for harassment and invasion of privacy, as well as emotional distress brought about by your surveillance.  So it is best that you don’t even start spying in the first place.

Know Your Legal Rights

Likewise, if you have discovered that your spouse has been using drones or other devices to monitoring your activities in order to gather evidence against you to be used in divorce court, don’t let him/her get away with it.  Remember that you have your own personal rights even if you’re married, including the right to file charges against your own spouse.  Instead, get legal help immediately to know how you can stand up to that harassment.


By Joseph Annutto


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Safe Trick or Treating this Halloween in New Hampshire - Injury Lawyer Nashua

Halloween Safety Tips For New Hampshire Residents

Halloween is upon us and  New Hampshire residents and towns are getting ready to invaded.  Halloween is celebrated by all sizes and ages of ghosts and goblins. 

Like the rest of the country, the highlight of the Halloween celebration for little folks in New Hampshire is going trick or treating around the neighborhoods.  The car accident rates for New Hampshire is one of the lowest this season.this season, however even just one Halloween-related accident would be tragic. 

To ensure  a fun-filled evening out in the streets of NH,, here are some Halloween safety tips. 

•    Always use sidewalks. Don’t walk on the street except to cross at pedestrian lanes.

•    Follow traffic signs and lights.  At roads with no signs, steer clear of any oncoming car, and don’t attempt to cross the road when a fast-moving vehicle is approaching.

•    Since most trick or treating is done at dusk and after, make sure that you and your fellow trick or treaters carry lamps and flashlights, or wear very light or fluorescent colors.  Don’t use candles or lighters to illuminate your way.

•    Walk in groups and keep track of everyone in your party.  Learn to wait for each other before proceeding to the next house.

•    Always look both ways before crossing streets.  And always cross on pedestrian lanes.  If there are no pedestrian lanes, cross at the corners.

•    Plan your route beforehand and discuss it with family members and friends.  This way, your group will already know where to go.  Or in case anyone loses something, you will know how to retrace your steps.

•    For kids under 12, always have an adult with you during the trick or treating.

•    Visit only homes that have lighted porches.

•    Don’t attempt to enter abandoned places.

•    Stay away from dark areas. 

•    In case of any accident, get help immediately.
 
•    Have a parent or other adult inspect your goodies before you eat them.  Throw away any open or damaged packages. If something looks suspicious, throw it away.



 By Joseph. Annutto


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Back to School in NH: Pedestrian Safety Tips for New Hampshire Students

Travel Safety Tips for New Hampshire Students

It’s almost September, and you know what that means!  New Hampshire students like you are headed back to school.  It will be another school year of walking, biking, or bus riding to your classroom. 

But going back to school is also fun as you get to spend time with your friends as well as learn new things.  There are field trips, science projects, and sports tournaments to look forward to.  You won’t want to miss any of these by not taking enough precaution from catching an illness or getting into a pedestrian accident. 

Pedestrian collisions are among the worst accidents that can happen to you and other New Hampshire students if you don’t take necessary precautions.  Not only will you have to go to hospital and be treated for injuries, you also risk lawsuits as it isn’t always the driver at fault under New Hampshire law.    For instance, the driver is only less than 50% responsible for the pedestrian collision case if the pedestrian was found to be jaywalking or horse playing on the street just before the accident occurred.

Safety Tips Checklist

Here are a few safety tips for New Hampshire students who walk to school.

• Never rush on the way to school.  You may have gotten up too late and needed to get to school on time before the bell rings, but don’t risk an accident for it.  Instead, ask one of your parents or neighbors to take you to school in their car.
• Use the sidewalk instead of the street, unless you are crossing to the other side. 
• Follow traffic lights.  Don’t cross while the light is still red. 
• Use designated crosswalks to get to the other side.  Never jaywalk. 
• Wait till the vehicles (including bicycles) have come to a full stop before you cross their paths.
• Always look both ways before crossing, even if the light is green on your side, you’ll never know if there’s a driver who’s speeding to beat the red light.
• Never take alcohol. If you had to take cold medicine and feel drowsy afterward, ask someone to go with you to school.  Better yet, ask your parents to drive you there.
• During bad weather, use an umbrella, a raincoat or waterproof jacket, and sturdy non-slip shoes.  Be careful when walking through puddles, as some might be deep and can cause tripping.  It may also be best to let a family member drive you to school during such days.
• Walk through main roads and avoid taking shortcuts into alleys or wooded areas. 
• Stay away from stray animals, like raccoons and dogs.  These may be infected with rabies. 
• Avoid carrying a heavy load of books on your back. Instead, use a trolley cart or bag with wheels. 
• Get home on time, as you wouldn’t want your parents to worry.  If you know that you can’t make it home at a specific time, contact your parents as soon as possible. 
• Have a friend or two walk with you.  There’s safety in numbers.
• When walking after dark, use brightly-colored or neon clothing and a flashlight.
• If there are no sidewalks and you must use the street, walk towards oncoming traffic so that you can see the vehicles.
• Keep an eye out for parked vehicles with people inside.  Steer clear as they may be possible abductors.
• Don’t talk to strangers.  If a stranger follows you, walk faster and call for help.  Make noise so as to draw attention.   
• Avoid horseplay and pushing one another on the sidewalk.
• Make way for people who are skating or skateboarding on the sidewalk.

What to Do If Injured

If you have been injured through a negligent driver then it would be in your best interest to contact a personal injury law firm.

By Joseph Annutto

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Divorce Laws for New Hampshire in 2015

Divorce is a tricky subject. This is because the laws are extremely varied in every state. In New Hampshire, for a couple to file for a divorce, the court requires that several different procedures be followed:

The first issue is to determine that New Hampshire has jurisdiction.  The most popular method is for one party to be a resident of New Hampshire for at least (1) year prior to filing for divorce, and the divorce must fit within a varied set of guidelines, determining fault or no fault.

-Irreconcilable differences that caused breakdown of the marriage.

-Impotency of husband or wife

-Adultery

-Cruelty to Either Party

-Imprisonment 

-When either party's health or safety is of concern

-If couple has been absent for 2 years or is a drunk for 2 years

-If either member of the couple refuses to cohabit with each other for a period of 2 years together.

Most cases are no fault or irreconcilable differences.

Distribution

New Hampshire is considered an "equal distribution" state- and what that means is that marital property is divided by what the law thinks is fair. This kind of treatment is meant to encourage both parties to establish ownership and divide property without the court deciding for them.

Generally speaking, the courts would divide the amount right down the middle, but there are extenuating factors that can play into their decision:

-The duration of the marriage

-The age, health, or social or economic status of either party

-The opportunity for each party to acquire future property, assets and wealth

-The ability of the parents to raise children with assets split

-Need of custodial parent to occupy the home

-The actions of each party that contributed to growth or decline of wealth

-Pension or retirement rights

-A prenuptial made in good faith

Child Support/Alimony Payments

New Hampshire courts determine alimony based on the obligation of one spouse to another on either a temporary or permanent basis, which is typically decided with a case-by case approach. Then, the court takes into account the total length of the marriage, the age, overall health and ability of the two parties and also the occupation, sources and amounts of income, and then awards property based on vocational skills, employ-ability, and the needs of the parties.

Child Custody/ Support

In the state of New Hampshire, it's the court's responsibility to do anything possible to lessen any trauma that a child might be experiencing, especially if parents can't come to an agreement on custody- and the court establishes parenting time between the parents upon it's discretion.

This decision is based on many factors, namely:

-the relationship between the child and each individual parent

-the ability of each parent to assure food, clothing, shelter, medical care, and a safe environment

-the ability to meet a child's needs for developmental and educational support

-the quality of life, school and community that potential effects would have on the child/children
-how supportive one parent is of the other parent’s relationship with the child

Obviously, divorces are complex- and reconciliation is typically a difficult situation. It would be in your best interest to contact a good local divorce attorney to help you through it. The laws in New Hampshire exist solely to help individuals find equality in these hard times- which is best achieved with cooperation.

By Joseph Annutto

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