Legal Question in Criminal Law in New Hampshire

Re: dwi

One of the facts (elements) that the State must prove to convict a person of DWI is that they operated or attempted to operate a motor vehicle. To operate means to be in actual physical control. The keys not in the ignition is a fact that tends to prove that you were not in actual physical control. In addition, the facts also tend to show that you may have been using the vehicle as a temporary shelter. If the state cannot prove that you operated the vehicle, they cannot prove DWI. You should talk to a lawyer. WARNING AND DISCLAIMER: This response is provided for general informational purposes only. It is not a substitute for speaking to an attorney qualified and experienced in criminal defense. This response does not establish an attorney-client relationship. Reliance on this information without seeking advice from an attorney could be harmful. Beyond jail and fines, criminal charges often carry unforeseen collateral consequences impacting employment, security clearances, military service, student loans, drivers license, possession of firearms and voting. If you are the subject of a criminal investigation, under no circumstances should you speak to the police without consulting an attorney. Criminal charges are serious, speak to an attorney!