Legal Question in Criminal Law in New Hampshire

Multiple DUIs or OUIs

This is for a friend....

In 1992 he was arrested and convicted of OUI in Massachusetts. He did what the courts mandated. In 1998 he was convicted in Delaware of DUI, but was told that all the charges would stay in Delaware, as long as he did was mandated by the courts. In Oct of 1998, he was stop by a checkpoint in New Hampshire, and was arrested for dui. New Hampshire treated it as only his second offense, not knowing about the Delaware one. He pleaded down to a misdemeanor and completed a residential program in NH (for multiple 1st time offenders). The Delaware conviction didn't appear on his MA DMV Record.

Question is: Since he did not disclose the info concerning the DE conviction, what could the consequence be if NH finds out about the Delaware conviction? Also, what affect will this have on his MA License/Criminal Record? It is my understanding that if he was to get into any sort of trouble that DE would or could incarcerate him for the conviction in DE. Please let me know if you need more background. Thank you for any assistance.


Asked on 2/05/99, 2:34 pm

2 Answers from Attorneys
Alan Pransky Law Office of Alan J. Pransky

Re: Multiple DUIs or OUIs

The states are now communicating with each other concerning criminal convictions. It is unlikely that

New Hampshire will do anything about the Delaware conviction since everybody has the right to remain

silent. However, if he is on probation in Delaware, the new convictions are violations of probation and

he can face additional punishment in Delaware. Massachusetts will revoke his license for out of state

convictions.

Alan Pransky

Law Office of Alan J. Pransky

20 Eastbrook Road


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Answered on 2/09/99, 10:41 pm
Thomas Workman Law Offices of Thomas Workman

Re: Multiple DUIs or OUIs

There are too many questions unanswered to give much of an answer. Your friend needs to see an attorney to sort this out. If he is on probation in Delaware, his offense in NH may have violated his probation, but that is for a Delaware attorney to say, having reviewed the record. The Delaware attorney who represented him could make that determination. As to Massachusetts, assuming your friend lives in Massachusetts, the court system will have little to say, assuming that your friend did not violate his probation from 1992 by his 1998 arrest in Delaware. Your friend also must worry about the Registry, in that they can suspend his drivers license. The registry cannot give your friend "time" or probation, but they can make his life miserable with respect to his license to operate a motor vehicle.

Your friend needs to sit down with an attorney in order to discuss the casse, and to receive legal advice. My comments outline general areas for discussion, and since I have not spoken with your friend, they are not legal advice.

Thomas Workman

Law Offices of Thomas Workman

41 Harrison Street, Taunton, MA


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Answered on 2/09/99, 1:47 pm


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