Legal Question in DUI Law in New Hampshire

I was stopped for speeding which led to a DUI charge. I believe that I can prove that I was not speeding and I am not sure they can prove DUI. How do I get the charges heard separately? If I can prove that I was not speeding, can I file a motion to supress? How can I get copies of the police video tapes from that day?


Asked on 12/25/09, 10:04 pm

2 Answers from Attorneys

James Dennehy Dennehy Law Group, PLLC

You need a DWI lawyer. This is a very technical area of law and not many lawyers even do it well. You cannot sever the speed from the DWI. However, if you could establish that the police did not have reasonable suspicion for the stop, the a motion to suppress may be viable to get evidence of the DWI tossed. Your lawyer can get all the video and police reports. Note most polce have stopped using video.

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Answered on 12/31/09, 5:41 am
Bruce L. Dorner Dorner Law Office

DUI is a serious charge. I urge that you consult with an attorney experienced in this area of the law.

Your questions will require far more detail than you presented in order to provide a substantive course of action. I speak only in very general terms. The police officer needed a reason to stop your car. Perhaps there's more than just speed. The only way to find out is to request copies of all the police reports, records and information they acquired when dealing with you. The fundamental issue is if he had a valid reason to stop you, then he likely had a valid reason to suspect alcohol and proceeded down that path. You did not indicate if field sobriety tests were administered or if you submitted to a test of blood, breath, or urine. As to video tapes, if they exist, you should be able to get copies or at least the opportunity to view them.

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Answered on 12/31/09, 6:15 am


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